Order 242/1999, Of 21 October, By Which Determine The Regulatory Basis For The Granting Of Financial Aid For Access To Members Of The Armed Forces Home Ownership.

Original Language Title: ORDEN 242/1999, de 21 de octubre, por la que se determinan las bases reguladoras para la concesión de ayudas económicas para el acceso a la propiedad de vivienda de los miembros de las Fuerzas Armadas.

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Law 26/1999, of 9 July, measures of support to the geographical mobility of members of the armed forces, with the aim of facilitating the access to home ownership, establishes in its article 11 the granting of aid and subsidies to career military and military professionals of troop and crew that a relationship of permanent services in active service situation, in the terms laid down in articles 81 and 82 of the General budget law and in accordance with budgetary availability.


It also determines that the Defense Minister will establish the requirements, procedures and criteria for granting chords in the same order.


On the other hand, the Royal Legislative Decree 1091 / 1988, of 23 September, which approves the revised text of the General Law on budgetary determines that, under the principles of publicity, concurrency and objectivity, in order be established the regulatory basis for the granting of aid.


By virtue, I have: first. Purpose and object of the aid-supports object of this provision shall be granted by the Institute for the housing of the armed forces (INVIFAS) in the framework of its competencies and are intended to facilitate access to home ownership by members of the armed forces, pursuant to article 11 of law 26/1999 , 9 July, measures of support to the geographical mobility of members of the armed forces.


Second. Beneficiaries-may be beneficiaries of these grants military career of the armed forces and military professional troop and crew that a relationship of permanent services that meet the requirements set out in this order and the corresponding resolutions in call.


Third party. Call.


1. in accordance with the provisions of article 4.3 of the regulation of the procedure for the award of grants and public subsidies, approved by Royal Decree 2225 / 1993, of 17 December, the procedure for granting of the AIDS referred to in this order will start ex officio by previous call by resolution of the general Managing Director of the INVIFAS, to be published in the "official bulletin of the State".


2. in the resolution's call will feature the amount of aid received by the beneficiaries.


Room. Requirements.


1 for the granting of aid must attend the following requirements: to) that the applicant is in active service on the date of publication of the resolution of the call for aid.


(b) that the dwelling for which the aid is requested is located in national territory and in any of the following circumstances: that is purchased by the applicant through sales during the period specified in the call for aid, understanding for these purposes as the date of acquisition of formalization in public deed.


That you acquire by the applicant by own construction completed in the period to be determined in the call for aid, understanding these effects as the acquisition date of completion of the relevant works will be credited through the timely license of first occupation issued by the competent Council.


In any case, are excluded from the scope of this order the works of remodeling, expansion or rehabilitation of existing housing.


(c) also, applicants must fulfil the obligations, meet the other requirements to be determined in the resolution's call for such aid and not be in the incompatibilities referred to in this provision.


2 may not be beneficiaries of this aid the military who are in any of the following circumstances: to) have acquired a property disposed of by the Ministry of defence and its agencies by the procedure of competition or direct award or as beneficiary of cooperative that had built their homes on lands alienated by the INVIFAS.


(b) be the holder of the contract of assignment of use of alienable military housing.


(c) having received other support for the acquisition of housing issued by the Ministry of defence or its agencies subsequent to the entry into force of law 26/1999, of 9 July.


Fifth. Incompatibilities-who receive a help from those established in this provision do not have access to: 1. financial compensation to meet the need for housing for change of destination involving change of location or geographic area.


2 allocation of military housing under lease special, except that it is linked to a specific charge, pursuant to article 8, paragraph 1, Law 26/1999, of 9 July.


3. acquisition of housing sold by the Ministry of defence and its agencies by the procedure direct award or competition or cooperative that had been built on lands alienated by the INVIFAS. 4


. Other aid for the acquisition of housing issued by the Ministry of defence and its agencies.


Sixth. Granting procedure.


1. Requests shall be submitted in the delegations of the INVIFAS or the Ministry of defence, without prejudice to the provisions in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in the term that set each call, using standardised form which will be provided in such units It will contain the communication to the party concerned on the terms provided for in article 42.4 of the aforementioned standard. Applications shall be accompanied by the documents specified in the respective notices.


2. Once verified that the person concerned meets the requirements, shall be to establish the order of priority of requests, in accordance with the assessment criteria set out in the seventh paragraph of this order.


3 the granting or refusal of these grants will be made by resolution of the general Managing Director of the INVIFAS, to be published in the "official bulletin of the State", in accordance with article 59.5. b) of law 30/1992, of 26 November.


Seventh. Assessment criteria-the order of priority of applications for the granting of such aid shall be determined by applying the following scale:-score to) for each accrual period. .. . . . . . . . . . . . . . . . . . . . . . 1 (b)) for each child under twenty-five years by the applicant... (3 c) without prejudice to the score of the letter b) above, for each child with a disability exceeding 35 per 100, rated officially by competent organs of the administration......... 3 d) being user of military housing not alienable, awarded prior to the entry into force of law 26/1999, of 9 July, expressly to it in case that is granted the aid... . . . . . . . 3. in the case of equality between two or more applicants, the score obtained in the above parameters, the order in which are cited will be compared. If this equality persists, it will be resolved in favour of the elderly.


Eighth. Evaluation of applications.


1 shall constitute a Commission of study and assessment of applications composed of the following members: Chairman: the Assistant Director-general of management of the INVIFAS vowels: A head of unit of the General Secretariat and of the General branches of the INVIFAS.


Secretary: The Vocal representative of the Sub-Directorate General for management.


2 the Commission will act as organ instructor of the procedure of granting of the aid having attributed specifically the following functions: to) review of applications and the documentation submitted, as well as the checking of data, incompatibilities, and requirements under which the resolution shall be adopted.


(b) assessment of the applications in accordance with the assessment criteria set out in this order.


(c) formulation of the corresponding proposal of granting of the aid.


3. in matters not provided in this order, the functioning of the Commission shall be subject to the regime established for the organs members in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.


Ninth. Amount and payment of the aid.


1. the amount to finance these subsidies will be the total allocation of annual budgetary credit which, for this purpose, included in the budgets of the INVIFAS.


2. in any case, the maximum amount of aid granted by the INVIFAS exceed 50 per 100 of the price of housing which intends to acquire.


3. the amount of this aid may not be, in any case, in such an amount that, in concurrence with grants or aid from other public administrations or other entities, public or private, national or international, exceed 75 per 100 of the aforementioned housing prices.


4. subsidies are granted in function and up to the credit limit available in each financial year, it is not sufficient that the applicant meets the requirements for granting.



5 Dictada resolution of granting of the aid, the payment of the amount of the same will be done to the person concerned. Such payment will be included, in any case, after granting the public deed of sale or, in the course of construction of housing, when they have completed the relevant works and obtained the license of first occupation issued by the competent Council. The beneficiary must provide proof of these extremes in the form specified in the notices.


Tenth. Obligations of the beneficiaries-beneficiaries of the aid shall be subject to the following obligations: to) carry out the acquisition of housing that are basic to the granting of the aid and accredit the same upon presentation of the documentation and the period to be determined in each call.


(b) subjected to performances by checking which may be the INVIFAS and to the financial control that correspond to the General intervention of the administration of the State and those provided for in the law of the Court of Auditors, which will provide much information required them.


(c) notify the INVIFAS obtaining other aid for the same object, any be their origin.


Eleventh. Review of award-the inaccuracy in the Declaration of incompatibilities and the requirements regulated in this order or in the regulations relating to public subsidies and, in any case, the non-Declaration of obtaining concurrent support of other public administrations or other entities, public or private, national or international, is administrative offense and will result in the modification or reversal of the decision of the concession as provided for in article 81 of the General budget law, must the beneficiary proceed to the reinstatement of perceived quantities. Such refund shall be carried out in accordance with article 8 of the rules of procedure for the award of grants and public subsidies.


12th. The administrative end.-in accordance with paragraph 3 of the available additional fifteenth law 6/1997, of 14 April, organization and functioning of the General Administration of the State, acts and resolutions of the general Managing Director put an end to the administrative procedure. Shall be only the optional, prior to the contentious appeal against them.


13th. Rules-these grants shall be subject to the provisions of this order, the provisions of articles 81 and 82 of the General budget law, to the rules of procedure for the award of grants and public subsidies and the law 30/1992, of 26 November.


First final provision. Faculties of development-authorizing the general Managing Director of the INVIFAS to take necessary measures for the implementation and development of this order.


Second final provision. Entry into force-this order shall enter into force the day following its publication in the "official bulletin of the State".


Madrid, October 21, 1999.


SERRA REXACH