Law 26/1999, of July 9, of measures to support the geographical mobility of members of the Armed Forces, with the objective of facilitating the access of these to the property of housing, establishes in its article 11 the concession aid and grants to the military and military personnel of troops and mariners who maintain a permanent service relationship, in active service, in accordance with the terms laid down in Articles 81 and 82 of the Treaty. the General Budget Law and in accordance with the available budgetary resources.

Also, it determines that the Minister of Defense will establish the requirements, procedures and criteria for the assessment of the concession in accordance with the purpose of the same.

On the other hand, the Royal Legislative Decree 1091/1988 of 23 September, approving the recast text of the General Budget Law, determines that, under the principles of advertising, competition and objectivity, Order will establish the regulatory basis for the granting of aid.

In its virtue, I have:

First. Purpose and purpose of the aid. -The aid covered by this provision shall be granted by the Institute for the Housing of the Armed Forces (INCOFAS) within the framework of its powers and are intended to facilitate access to the property of the members of the Armed Forces, pursuant to the provisions of Article 11 of Law 26/1999, of July 9, of measures to support the geographical mobility of members of the Armed Forces.

Second. Beneficiaries.-The military personnel of the Armed Forces and the military personnel of troops and marineria who maintain a relationship of services of a permanent nature that meet the requirements will be eligible for this aid. established in this Order and in the relevant convocation resolutions.

Third. Call.

1. In accordance with the provisions of Article 4.3 of the Rules of Procedure for the Concession of Aid and Public Grants, approved by Royal Decree 2225/1993 of 17 December 1993, the procedure for granting aid under this Regulation Order shall be initiated on its own initiative by means of a prior call by the Director-General Manager of the INCOFAS, to be published in the "Official State Gazette".

2. The decision to call shall include the amount of the aid to be received by the beneficiaries.

Fourth. Requirements.

1. For the granting of aid, the following requirements must be met:

(a) That the applicant is in active service at the date of publication of the decision of the call for aid.

b) That the housing for which the aid is requested is located on national territory and is in one of the following circumstances:

To be acquired by the applicant through purchase and sale during the period to be determined in the call for aid, in the understanding of these ends as the date of acquisition of the formalization in public writing.

To be acquired by the applicant by means of its own construction completed in the period to be determined in the call for aid, with these effects being understood as the date of acquisition of the completion of the works to be credited by the appropriate first occupation licence issued by the competent City Council.

In any case, the work of remodeling, extending or rehabilitating an existing housing is excluded from the scope of this Order.

c) The applicants must also fulfil the obligations, meet the other requirements to be determined in the decision to call for such aid and not be subject to the incompatibilities identified in the present case. provision.

2. Military personnel who are in one of the following circumstances shall not be eligible for such aid:

(a) Haber acquired a dwelling situated by the Ministry of Defence or its bodies by means of the tender procedure or direct award or as a beneficiary of a cooperative which had built its dwellings on land (a) in the case of INCOFAS.

b) To be the holder of the contract for the transfer of use of a military housing.

(c) Have received other aid for the acquisition of housing granted by the Ministry of Defense or its agencies after the entry into force of Law 26/1999 of 9 July.

Fifth. Incompatibilities. -Those who receive aid from those covered by this provision shall not be able to access:

1. Economic compensation to address the need for housing for change of destination that involves change of location or geographical area.

2. Award of military housing under special lease, unless it is linked to a particular charge, in accordance with the provisions of Article 8 (1) of Law 26/1999 of 9 July.

3. Acquisition of housing by the Ministry of Defense or its agencies by the direct award procedure or contest or by a cooperative that would have built it on land in the grounds of the INVITES. 4

. Other aid for the acquisition of housing granted by the Ministry of Defense or its agencies.

Sixth. Concession procedure.

1. The applications shall be submitted in the delegations of the INCOFAS or the Ministry of Defense, without prejudice to the provisions of Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, within the time limit laid down by each call, by means of a standard form to be provided to them in those premises, which shall contain the communication to the person concerned in accordance with the terms laid down in Article 42.4 of the referred to. Applications shall be accompanied by the documentation to be determined in the respective calls.

2. Once it has been established that the person concerned fulfils the conditions required, the order for the ranking of the applications shall be established, in accordance with the assessment criteria laid down in the seventh paragraph of this Order.

3. The grant or refusal of such aid shall be made by means of a decision of the Director-General Manager of the INCOFAS, which shall be published in the "Official Gazette of the State", in accordance with the provisions of Article 59.5.b) of Law 30/1992, November.

Seventh. Assessment criteria.-The order of precedence of applications for the granting of such aid shall be determined by applying the following scale:

------------------------------------------------------------------------------------ Score

a) For each accrued triennium. ..................... 1

(b) For each child under 25 years of age, by the applicant.... 3

(c) Without prejudice to the above point (b), for each child with a disability exceeding 35 per 100, officially qualified by the competent authorities of the Administration.... ................ 3

d) Being a user of non-rentable military housing, awarded prior to the entry into force of Law 26/1999, dated July 9, with express resignation

to the same in case the aid is granted..... ....... 3

In case of equality between two or more applicants, the score obtained in the above parameters will be compared, in the order in which they are cited. If such equality persisted, it will be resolved in favour of the older one.

Eighth. Assessment of applications.

1. A Commission for the Study and Assessment of applications submitted by the following members shall be set up:

President: The Assistant Director-General of Management of INVITAS

Vocals: A Head of Unit of the General Secretariat and each of the Subdirectorates General of the INCOFAS.

Secretary: The Vocal representative of the General Management Subdirectorate.

2. The Commission will act as an instructor in the procedure for granting aid, specifically having the following functions:

(a) Review of the applications and the documentation submitted, as well as the verification of the data, requirements and incompatibilities, under which the resolution must be adopted.

b) Assessment of applications in accordance with the assessment criteria set out in this Order.

(c) Form of the corresponding proposal for the granting of the aid.

3. As not provided for in this Order, the operation of the Commission shall be in accordance with the arrangements laid down for the bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Ninth. Amount and payment of the aid.

1. The amount to be financed by the said aid shall be the total allocation of the annual budget appropriation which, for this purpose, is included in the INCOFAS ' budgets.

2. In no case, the maximum amount of the aid to be granted by the INCOFAS may be greater than 50 per 100 of the price of the house to be purchased.

3. The amount of the aid may not, in any event, be such that, in competition with grants or aid from other public or private, public or private authorities, whether national or international, it exceeds 75% of the price of the aforementioned house.

4. The aid shall be granted on the basis of and up to the limit of the credit available for each financial year, not being sufficient for the applicant to meet the conditions required for granting the aid.

5. When the aid is granted, the amount of the aid shall be paid directly to the person concerned. Such payment shall be made effective, in any event, on the basis of the granting of the public deed of sale or, in the case of the construction of the house itself, when the corresponding works have been completed and obtained the first licence occupation issued by the competent City Council. The beneficiary shall demonstrate these extremes in the manner determined in the calls.

10th. Obligations of the beneficiaries. -The beneficiaries of the aid shall be subject to the following obligations:

(a) Carry out the acquisition of the housing that bases the grant of the aid and credit it by the presentation of the documentation and within the deadline that is established in each call.

(b) Submit to the actions of verification that the INVITE and the financial control which correspond to the General Intervention of the State Administration and those provided for in the legislation of the Court of Accounts, which will provide you with information as required.

c) Communicate to the INCOFAS the obtaining of other aids for the same object, whatever its origin.

11th. Review of the concession. -Inaccuracy in the declaration of the requirements and incompatibilities regulated in this Order or in the current regulations in the field of public subsidies and, in any case, the non-declaration of the concurrent obtention of aid from other public authorities or other public or private, national or international authorities, constitutes an administrative infringement and will result in the modification or revocation of the decision of the concession, as provided for in the Article 81 of the General Budget Law, with the beneficiary having to proceed to the reimbursement of the amounts received. Such reimbursement shall be made in accordance with the provisions of Article 8 of the Rules of Procedure for the Concession of Public Grants and Grants.

12th. End of the administrative route. -In accordance with paragraph 3 of the additional provision 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, the acts and resolutions of the Managing Director General puts an end to the administrative route. Against the same, only the resource for the replacement of power will proceed, prior to the administrative-administrative route.

13th. Regulations. -These aids will be subject to the provisions of this Order, as laid down in Articles 81 and 82 of the General Budget Law, to the Rules of Procedure for the Concession of Public Grants and Grants and to the Law 30/1992, dated 26 November.

Final disposition first. Powers of development. -The Managing Director of the INCOFAS is authorized to take the necessary measures for the implementation and development of this Order.

Final disposition second. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 21 October 1999.

SERRA REXACH