Royal Decree 383/1984 of 1 February 1984, issued under the provisions of Article 12 of Law 13/1982 of 7 April 1982 on the social integration of the disabled, regulates a special system of social benefits and (i) economic and social security for disabled people who are not included in the field of application of the social security system.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides in its additional provision third the need to adapt to the same the regulatory norms of the various administrative procedures, which justifies the amendment proposed in the Royal Decree referred to above.

Royal Decree 357/1991 of 15 March, delivered in compliance with the provisions of the second provision of Law 26/1990 of 20 December 1990 laying down non-contributory benefits in the field of social security, It is also in the field of Social Security pensions in its non-contributory mode.

Additional provision sexta.1 of Law 30/1992, cited above, provides that the challenge of the acts of Social Security and unemployment, in the terms provided for in Article 2 of the articles of the Law of Procedure Labor, approved by Royal Legislative Decree 521/1990 of 27 April, as well as its review of its trade, will be governed by the provisions of that Law. Article 71 of the Law on Labour Procedure provides for the unestimatory nature of the silence and the deadlines and forms of challenge before the courts of the social order. In order to clarify these effects in the context of the procedure for the granting of non-contributory pensions, as integrated benefits in the social security system, it is necessary to amend the Royal Decree 357/1991, cited in the previous.

Moreover, and under the provisions of Article 7.3 of the recast of the General Law on Social Security, as amended by the Law cited above, the Royal Decree 728/1993, dated 14 May, was issued by the This is the case for a number of cases in which the Commission is not involved. The assessment of some loopholes with regard to procedural rules noted in the Royal Decree advises to include in this regulatory standard the necessary modifications of the same.

This Royal Decree, finally, deals with the regulation of the transitional right regime, in accordance with the provisions of Law 30/1992 of 26 November, seeking to clarify the problem posed by the determination of the the system of remedies applicable to the judgments given in the proceedings which are the subject of this Royal Decree, a problem which arises in relation to the procedures regulated by Royal Decree 383/1984 of 1 February 1984 and by the Royal Decree 728/1993 of 14 May 1993, but not in respect of the procedure laid down by Royal Decree 357/1991, On 15 March, pursuant to the provisions of the sixth provision of the same Law.

In its virtue, on the proposal of the Minister of Social Affairs, with the approval of the Minister for Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 29th day of July 1994,

D I S P O N G O:

Article first. Amendment of Royal Decree 383/1984 of 1 February establishing and regulating the special system of social and economic benefits provided for in Law 13/1982 of 7 April 1982 on the social integration of the disabled.

Articles 44 and 46 of Royal Decree 383/1984 of 1 February 1984 laying down and regulating the special system of social and economic benefits provided for in Law 13/1982 of 7 April 1982 on the social integration of workers disabled, are modified as follows:

1. Article 44 (3) shall have the following

2. Paragraphs 5, 6 and 7 are added to Article 44, with the following wording:

< 5. After the expiry of the six-month period, from the date on which the application has entered the records of the competent body, without any express resolution, the application may be understood.

6. For the effectiveness of the alleged decisions referred to in the preceding paragraph, the certification provided for in Article 44 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, within 20 days of the request, or which, having been requested for such certification, has not been issued in the said period.

7. During the course of the period for the issue of certification, it may be expressly resolved on the merits, in accordance with the applicable rules and without any connection to the effects attributed to the presumed resolution, the certification of which has been requested. >

3. Article 46 (1) is worded as follows:

< 1. Against decisions given by the provincial directorates of the National Institute of Social Services, in the exercise of the powers conferred on them by Article 43 and relating to the recociency, review, suspension, loss or extinction of the the rights referred to in that rule may be brought before the Director-General of the National Institute of Social Services within one month from the date of notification or publication. >

Article 2. Amendment of Royal Decree 357/1991 of 15 March 1991 on the development of non-contributory pensions under Law No 26/1990 of 20 December 1990 laying down non-contributory benefits in social security.

Article 24 of Royal Decree 357/1991 of 15 March 1991 on the development of non-contributory pensions under Law No 26/1990 of 20 December 1990 laying down social security benefits contributive, it is worded as follows: