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Royal Decree 844/1984, Of 25 January, On Expansion Of The Transfer Of Functions And Services And Adaptation Of The Means Transferred In Autonomic System To The Autonomous Community Of The Region Of Murcia In Assistance And Services So...

Original Language Title: Real Decreto 844/1984, de 25 de enero, sobre ampliación del traspaso de funciones y servicios y adaptación de los medios transferidos en régimen preautonómico a la Comunidad Autónoma de la Región de Murcia en materia de asistencia y servicios so...

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TEXT

By Royal Decree-Law 30/1978 of 27 September, the pre-regional regime for Murcia was approved.

By Royal Decree 251/1982, of 15 January, the State Administration in the field of assistance and social services was transferred to the Ente Preautonomico de Murcia.

Later, and by Law of the Organic Law 4/1982, of June 9, the Statute of Autonomy for the Region of Murcia was approved.

As a result of the transfer made in the pre-autonomous phase in this field, the Regional Council of Murcia was made available for the exercise of the transferred competences, whose legal system of membership needs to be adapted to the situation set out in the Statute of Autonomy.

On the other hand, Royal Decree 2628/1982, of 24 September, determines the rules and the procedure to which the transfers of functions and services of the State to the Autonomous Community of the Region of Murcia have to be adjusted.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the fifth transitional provision of the Statute of Autonomy for the Region of Murcia, The Commission, after considering the appropriateness and legality of supplementing the transfers so far made in the field of social assistance and services, adopted at its meeting of 28 June 1983 the appropriate agreement, the virtue of which It requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision fifth of the Statute of Autonomy for the Region of Murcia on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and previous Discussion of the Council of Ministers at its meeting on 25 January 1984, I have:

Article 1. The agreement of the Joint Committee provided for in the fifth transitional provision of the Statute of Autonomy for the Region of Murcia dated 28 June 1983, extending the transfer of functions, services and means of the State to the This is the case with the case of the Autonomous Community of the Region of Murcia, adapting those transferred in the pre-autonomous phase in the same subject, by Royal Decree 251/1982 of 15 January.

Art. 2. 1. As a result, the transfers to the Autonomous Community of the Region of Murcia of the functions and the goods, as well as the staff and budgetary appropriations in the relations attached to the Commission's own agreement, are extended. Mixed, which is included as Annex I to this Royal Decree, in the terms and conditions specified therein.

2. The legal provisions affected by this transfer are set out in Annex II to this Royal Decree.

Art. 3 The extension of the transfers as well as the adaptation of the previously transferred media referred to in this Royal Decree will be effective from the day indicated in the agreement of the aforementioned Joint Commission.

Art. 4. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid on January 25, 1984. -JUAN CARLOS R. -Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Dona M. J. B. G. and don A. M. B., Secretaries of the Joint Commission provided for in the fifth transitional provision of the Statute of Autonomy for the Region of Murcia, certify:

At the plenary session of the Commission, held on 28 June 1983, an agreement was adopted on the extension and adaptation of the transfer to the Autonomous Community of the Region of Murcia of the functions and services of the State in the subject of assistance and social services, in the following terms:

A) Reference to constitutional and statutory and statutory rules for the extension and adaptation of the transfer.

The Constitution, in article 148.1.20, establishes that the Autonomous Communities may assume responsibility for social assistance.

For its part, the Statute of Autonomy for the Region of Murcia establishes in its article 10.1, or), which corresponds to the Autonomous Community of the Region of Murcia exclusive competence in matters of welfare and social services.

By Royal Decree 251/1982, of 15 January, were transferred in this matter to the Ente Preautonomico of Murcia functions and services, with its means whose assumption with definitive character took place under the provisions of the the fifth transitional provision of the Statute of Autonomy, which must be completed by adapting those to the arrangements laid down in the Staff Regulations and other applicable provisions.

B) Functions assumed by the Autonomous Community and identification of the services being transferred.

Correspond to the Autonomous Community of the Region of Murcia, within its territorial scope, in the terms of this agreement and of the Royal Decrees and other rules that make it effective, the following functions and services:

In the field of social services and assistance, and under Article 148.1.20 of the Constitution and 10.1, or), of the Statute:

(a) The functions corresponding to the centers and establishments that are dependent on the National Institute of Social Assistance and its Provincial Delegation.

b) The Autonomous Community of the Region of Murcia will take charge of the granting and management of the aid contained in concepts 19.02.781, 19.02.782, 32.23.751, 19.02.454, 19.02.485 and 19.02.487/1 of the General Budget of the State for 1983, and the corresponding future budgets, as regards the beneficiaries resident in Murcia and the centres, which, without pursuing a profit motive, are subsidised by the same, within the same territorial scope, without (a) damage to the aid available to the Autonomous Community.

(c) In the case of large families, the Autonomous Community of the Region of Murcia will be responsible for the recognition of their status, the issue of securities and their renewal, subject to the state model, as well as the (a) a penalty on the part and amount laid down in the legislation in force.

d) The administrative units of the Provincial Directorate of Labour and Social Security for Social Services, as well as other functions that are transferred.

e) The Assistants Social Centers, formerly dependent on the Directorate General of Social Action.

C) Functions that the State Administration reserves.

They will remain in the Ministry of Labor and Social Security and will continue to be of their competence to be exercised by the same law the following legally attributed functions:

(a) The attention of State-wide obligations, the maintenance of relations with associations and bodies at the state or international level, as well as the management of services and aid for refugees and stateless persons; the aid to the Patronato de Rehabilitation Social de Enfermos de Lepra, and the grants in favour of the Real Patronato de Educación y Atención a Defenados and the grants for global transfers to Social Security.

(b) Any other that corresponds to it under the current rules and which is not inherent in the competences assumed by the Autonomous Community, or which, if so, have not given rise to the corresponding transfer, if any.

D) Functions in which the State Administration and the Autonomous Community are to participate.

They will be developed in coordination between the Ministry of Labor and Social Security and the Autonomous Community of the Region of Murcia, in the form that in each case the following functions and actions are pointed out:

(a) In order to satisfy the fixed obligations of subjective rights (monthly aid to disabled elderly and disabled persons and grants for disabled persons admitted to centres), the credit resulting from the number shall be transferred of recognized rights, in accordance with the general rules of the State that regulates this matter, and the amount of the same on the first of January of each year, with the regularisations that proceed in the months of July and December. Similarly, every two months, the Directorate-General for Social Action will be referred to the Directorate-General for Social Action for the high and low level of the aid, for the purposes of coordination in the payment of the aid.

(b) The grant amount to be managed by the Community shall be calculated on the basis of objective criteria, the fixing of which shall be made by mutual agreement between the State Administration and all the Autonomous Communities.

(c) The State and the Autonomous Community establish the mutual duty of information for the purposes of statistical and information assessment, the economic and financial system, without any reduction in the powers conferred on it. are legally attributed to both administrations.

E) Goods, rights and obligations of the State transferred.

1. The assets transferred to the Ente Preautonomico de Murcia under Royal Decree 251/1982, of 15 January, are extended in the terms set out in the attached relation number 1 *.

2. Within one month of the approval of this agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

3. The legal status of the goods, rights and obligations transferred under a pre-regional arrangement (relationship number 1 attached to Annex I, Royal Decree 251/1982 of 15 January 1982) will be adapted to the conditions laid down in the Statute of Autonomy and other provisions in each applicable case.

F) Staff assigned to the services and institutions transferred.

1. The personal means transferred to the Ente Preautonomico de Murcia under Royal Decree 251/1982 of 15 January, with the transfer of the staff which are nominally referred to in the attached relation number 2 *, are extended. which is currently attached to the services, centres and establishments of the Instituto Nacional de Asistencia Social transferred under the aforementioned Royal Decree, whose legal regime will be adapted to the provisions of Royal Decree 2628/1982, of 24 of September; Royal Decree 2545/1980 of 21 November and other applicable provisions.

2. In addition, the Staff Regulations, which occupy the posts specified in Annex I, No 2, of Royal Decree 251/1982, of 15 January 1982, corresponding to the Social Services and Family Units of the Provincial Labour and Social Security Directorates and the Assistant Social Centres under the Directorate-General for Social Action, will be the one set out in the previous section.

3. Under the Secretariat of the Ministry of Labour and Social Security and other competent staff, the transfer and its new administrative situation shall be notified to the persons concerned, as soon as the Government approves this agreement. Royal Decree. A certified copy of all the files of this staff, as well as of the certificates of haberes, shall also be sent to the competent bodies of the Autonomous Community, in respect of the amounts due during 1983. The State Administration will modify the organic and budgetary templates according to the transfers operated.

G) Job positions to be filled.

In the attached relations number 2 * are also detailed the vacancies corresponding to services, centers and establishments of the National Institute of Social Assistance, with indication of the Body or Scale that are attached or assimilated, organic level and corresponding budgetary allocation.

H) Final assessment of the financial burdens of the services transferred.

1. The actual cost, which, according to the liquidation of the expenditure budget for 1981, corresponds to the services carried over by this Royal Decree to the Community, is definitively raised to 240,088,8 000 pesetas. The collection of fees and other income amounts to 10,559 thousand pesetas and the net assumed charge 93 figure in 229,529.8 thousands of pesetas, according to detail in the ratio 3.1 *.

2. The actual cost as detailed in the valuation tables 3.1 will be financed in future years as follows:

Transiently, until the corresponding Law of participation in State taxes comes into force, through the consolidation in Section 32 of the General Budget of the State of the appropriations relating to the different components of the effective cost, for the amounts indicated, which are likely to be updated by the general mechanisms provided for in each Budget Law:

* Credits in thousands of pesetas 1981 *

a) Gross costs: * *

Staff expenses * 182.422.0 *

Operating Expenses * 45.696.8 *

Investments for conservation, improvement and replacement * 11.970.0 *

Total * 240.088.8 *

b) To deduce: * *

Annual rate collection and other income * 10.559.0 *

Net Financing * 229,529.8 *

Any differences that may arise during the transitional period, as referred to in the previous paragraph with regard to the financing of the transferred services, shall be subject to regularisation at the end of each financial year. by the presentation of the accounts and supporting statements relating to a settlement committee, which shall be lodged at the Ministry of Economic Affairs and Finance.

I) Documentation and files of the services transferred.

The delivery of the documentation and files of the services transferred, and the resolution of those found in processing, will be carried out in accordance with the provisions of Royal Decree 2628/1982, of 24 September.

J) Date of effectiveness of transfers.

The transfers of functions and services and the transfer of the means covered by this agreement, as well as the adaptation of the past, will be effective from 1 June 1983.

And for the record, we issued this certification in Madrid at June 28, 1983. -The Secretaries of the Joint Commission, M. J. B. G. and A. M. B.

ANNEX II

Matter or competence: Provincial addresses of the National Institute of Social Assistance.

Provisions affected: Ministerial order of 10 March 1975 governing the peripheral organization of the National Institute of Social Assistance.

Articles 1 and 2 as regards organic and functional dependence of the Provincial Delegations of the Institute.

Matter or competence: Concession and management of individual aid to the elderly and the sick or disabled for the work.

Provisions affected: Royal Decree 2620/1981 of 24 July on the granting of aid from the National Fund for Social Assistance to the elderly and the sick or disabled disabled for work.

Articles 2, 3, 4, 5, 6, 10, 11, 12 and 13 on the competences of the Territorial Health and Social Security Delegations in the field of management, processing and resolution of aid cases.

Matter or competence: Social services.

Provisions affected: Royal Decree 211/1978 of 10 February on organic and functional arrangements of the Territorial Delegations of the Ministry of Health and Social Security.

Article 6, number 4, in the field of social services, except Tutored Foundations and Organs.

Article 9, on the administrative structure of the Social Services Directorate.

Matter or competition: Numerous families.

Provisions affected: Royal Decree 211/1978 of 10 February on organic and functional arrangements of the Territorial Delegations of the Ministry of Health and Social Security.

Article 6, number 2, 9, on the granting and renewal of titles of large families.

* The inclusion of this relationship is omitted.