Illustrious lords:

Royal Decree 383/1904 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 disabled persons determines in Article 43 et seq. of which the recognition of the right to such benefits shall be carried out by the National Institute for Social Services (INSERS0), through its Provincial Directorates, on request of the person concerned or, where appropriate, their legal representative, and in accordance with the existing rules of the administrative procedure and the specific ones which the Ministry of Labour and Social Security has for the purpose; rules which are also applicable, as ordered in those same precepts, to the cases of review, suspension, loss, extinction and other incidents of that right.

On the other hand, the Indicated chapter also attributes to the Provincial Directorates of the INSERT the management of the referred benefits, with the exception of health care and pharmaceutical and rehabilitation medical-functional, which are entrusted to the National Institute of Health.

On the basis of the above rules and also making use of the authorisation to issue additional implementing and development provisions, contained in the final provision of the Royal Decree itself, it is now estimated, in order to unify and facilitate the actions in the field, both of the Provincial Directorates of the INSERT and of the interested parties themselves, to determine the form and conditions in which the applications of those, as well as the Subsequent administrative processing of these same applications and the management of the corresponding benefits by the abovementioned Provincial Directorates. To this end, I have:

Article 1. º

1. In accordance with the provisions of Article 43 of Royal Decree 383/1984 of 1 February 1984, the National Institute for Social Services (INSERSO), through its Provincial Directorates, shall be responsible for the recognition of the right to technical benefits and the economic benefits regulated in that Royal Decree, as well as the resolution of the Incidents affecting those benefits and allowances,

2. The management of the economic benefits and technical benefits, except those for health and pharmaceutical assistance and medical-functional rehabilitation, which shall be provided by the Member State, shall also be the responsibility of the Provincial Directorates of the National Institute of Health, through its own Provincial Directorates.

Article 2. º

1. In line with the provisions of the previous article, the application for recognition of the right to benefits to which it refers must be submitted in the Provincial Directorate of the INSERT, corresponding to the usual residence the disabled person interested in them or in any of the offices of that Provincial Directorate, either personally or through any of the means provided for in Article 53 of the Law on Administrative Procedure.

2. The application, which shall be made in the Official Inmate to be provided in the Provincial Directorates of the INSERSO or any of its premises, shall be accompanied by the following documentation:

(a) Photocopy of the national identity document of the disabled person or, failing that, of the birth certificate or of the family book in which he is registered.

b) Photocopy of the corresponding family book, provided that the benefits are requested by disabled persons with dependants or for disabled persons dependent on a family unit,

c) A photocopy of the certificate of the disabled person's condition for which the benefits are requested, in the event that the official recognition of that condition had been obtained before.

d) Affidavit on whether the disabled person is understood to be a holder or to benefit from it in the Social Security system, and whether or not he is a beneficiary or is entitled, by age or by any other circumstances, to any benefit or aid granted by a public body, indicating, if so, nature, purpose and amount of the aid.

e) Affidavit of the personal resources of the disabled person, broken down by concepts.

To this effect, they shall be considered as personal resources of the disabled person, in accordance with Article 33 of Royal Decree 383/1984, the goods, income or income of any nature or provenance that they perceive, enjoy or possess the disabled person himself and, where appropriate, the persons in his or her capacity or the persons who are part of the family unit from which he is dependent.

The resources referred to in the preceding paragraph shall include:

The movable and immovable property that is owned or enjoyed. The net income or profits that these goods produce. The net interest of current accounts, savings books or similar credit systems.

Net income of self-employed or employed persons. Any other goods, income or income of similar nature to the former.

3. The application and the affidavits referred to in the preceding number must be signed by the disabled person himself or, where the person concerned is minor or, if he is older, unable or unable to sign, by his representative. legal, who, in this case, will have to attach photocopy of the documents proving their identity and their status as legal representative of the disabled person.

4. From the filing of the application and its documentation, the official to whom it is delivered shall receive the person concerned, and may serve for this purpose a photocopy or simple copy of the same application, dated and signed or sealed by the person concerned. official.

Item 3.

Received the application with its annexed documentation in the corresponding Provincial Directorate of the INSERSO, this one, once remedied, if any, the defects that it could contain, in accordance with the provisions of Article 71 of the Law of Administrative Procedure, shall take one of the following measures:

(a) If the data of the application and of its documentation annexed it results in that the person concerned is not entitled to the requested benefits or to any of them, the Provincial Directorate will let him know so, expressing the causes of the refusal of the benefit or benefits in question, and indicating that the refusal may lodge a complaint in accordance with the provisions of Article 6.

(b) If the data in the application and its documentation are annexed to it, the person concerned shall meet the basic conditions laid down, the person concerned shall be required to obtain the supporting documentation or the other, is considered accurate for the resolution of the file. Notwithstanding the foregoing, in accordance with the first and second transitional provisions of Royal Decree 383/1984, if the alleged beneficiary had not previously been recognized by the Valuation and Guidance Team of the INSERT or if The team considers that their disability must be valued again, and the date and place of the corresponding recognition will be indicated.

Article 4. º

1. If, in the light of the opinion of the Multiprofessional Team, the statements made by the person concerned and, where appropriate, the documents or reports which have been obtained subsequently, the Provincial Directorate of the INSERT shall consider that the recognition of the right to the benefits requested, shall forward the file for audit to the relevant Territorial Social Security Intervention.

2. In the event that the Territorial Intervention of Social Security will be repaired with which the Provincial Directorate is not in agreement, it will forward the file, with its own report, to the Directorate of the Social Services of the Disabled Physical and Psychic of the INSERT, who, if I maintain the disagreement, will raise it, with the corresponding note of discrepancies, to the Directorate General of the Institute, in order to continue, if necessary, the procedure established in Article 5. 2, of Royal Decree 3307/1977, of 1 December.

Article 5.

1. Audited in accordance with the file or under-healed, if appropriate, the repair, the provincial director of the INSERT shall dictate the resolution as appropriate.

2. Such a decision, which shall be of a provisional nature, shall be justified where it is refusedatory and where, being positive, it limits the right to benefit in its extension.

3. If the resolution recognises the right to the perception of economic subsidies and the file as a result of the fact that the disabled person causing them is unable to receive and administer them, the latter must also decide to which person will be effective in these subsidies.

Article 6.

The decision to be delivered shall be notified to the person concerned, who, within a period of 15 days from the date of receipt of the notification, may lodge a complaint in writing against the person concerned, allegations and by providing evidence as appropriate.

Such a claim, in accordance with Article 121 of the Administrative Procedure Act, shall not be considered as a remedy.

Item 7.

1. The provisional decision referred to in the preceding article shall be definitively raised:

(a) Where the time limit laid down in Article 6 elapses without the person concerned having lodged a complaint.

b) When the submitted claim is dismissed.

2. Where the claim is estimated in whole or in part, the Provincial Director of the INSERT shall, after audit, make a new decision, which shall amend the provisional resolution as appropriate and shall be final.

Article 8. º

1. Against final decisions on recognition or, where appropriate, denial of rights to benefits are given by the Provincial Director of the INSERT, the persons concerned may appeal to the Directorate-General of the Agency, within the of the 15 days following that in which they receive the notification of such decisions.

2. Against the decision of the appeal proceedings, administrative proceedings may be brought and, in advance, with a powers of appeal, a replacement.

Article 9. º

1. The notifications which the decisions are made to the persons concerned shall be made within 10 days of the date on which they are issued, and shall contain the text of the motion for a resolution, with the indication of whether it is provisional or final. and where the complaint or appeal is against it, the body before which they shall be present and the time limit for bringing them together, without prejudice to the person concerned being able to exercise any other he considers relevant.

2. The notifications shall be made in the form established by Article 80 of the Law of Administrative Procedure.

Article 10.

When the resolution recognizes the right to benefits, the notification that is made to the person concerned, as prevented by the previous numbers, must also express:

(a) The place, form and date on which each of the recognized benefits may be effective, in accordance with the provisions of Royal Decree 383/1984, and in Article 11 of this Order.

(b) The period within which, where appropriate, the ex officio review shall be carried out in accordance with Article 31 (3) and (4) of the same Royal Decree.

(c) The obligations which, in accordance with the provisions of Royal Decree 382/1984. The beneficiary of the benefits or, where appropriate, his legal representative, and, in particular, those contained in his Article 30, are responsible.

Article 11.

1. Benefits of an economic nature shall be made effective for the disabled person concerned or, where appropriate, the person referred to in Article 5 (3), through the financial institutions which they themselves indicate, and shall be paid, by (a) from 1 January of the month following that of the decision of the Director, recognizing the right to the same; without prejudice to the retroactive payment of the monthly payments from the first day of the month following that of the the request entry in the registry.

2. The professional recovery allowance, which shall be payable from the date on which the relevant professional recovery programme begins, is exempted from the provisions of the preceding paragraph.

Article 12.

1. In accordance with Articles 33.2 (b) and 36.1 of Royal Decree 383/1984, where the beneficiary is entitled to another or other public economic benefits of a similar nature and purpose as the allowance granted to him, the The amount of the allowance shall be made effective only the difference between the amount of those benefits and the amount established in general for the allowance in question.

2. For the purposes of the first provision of Royal Decree 393/1984, the periodic economic aid for disabled disabled persons for work, granted by the National Social Assistance Fund, has been granted. consider benefits of a similar nature and purpose to the minimum income guarantee allowance, which must be deducted; and the economic contribution for the purposes of social security, regulated by the Order of 8 May 1970, and the special family supplement established by Decree 2741/1972 of 15 September 1972 in In the case of the disabled children of civil and military officials, and extended by Order of 23 October 1973 to officials, the Local Government shall be regarded as benefits of similar nature and purpose for the benefit of the professional recovery, from which they must also be deducted.

Article 13.

1. The beneficiaries of the benefits or, where appropriate, their legal representatives, shall be obliged to accredit each year that they continue to meet the requirements laid down in their day for the recognition of the benefit concerned, by means of presentation in and at the request of the Provincial Directorate of the INSERT, of an affidavit referring to those requirements, and in which personal resources will be stopped if they are higher than those of the previous year,

2. The requirement referred to in the preceding paragraph shall be made each year by the Provincial Directorate of the INSERT, within 20 days of the publication of the "Official State Gazette" of the provision for which the the amount of the minimum inter-branch salary, and shall be completed by the beneficiaries within 15 days of receipt of the following:

Article 14.

Without prejudice to the provisions of Article 10 (131) and (c) and Article 13 of this Order, the Provincial Directorates of the INSERT shall at all times monitor compliance by the person concerned with the requirements. required for the enjoyment of the benefits and shall initiate the appropriate procedures for the modification, suspension or termination of the benefits where appropriate, applying for that purpose the rules contained in this provision.

Additional disposition first.

The financing of the benefits referred to in this Order shall be carried out in the manner provided for in Article 47 of Royal Decree 383/1984 and the management accounting and control of the operations to which they are carried out adjust to the rules laid down by the Order of this Department of 31 December 1990 ("Official State Gazette" of 10 January 1981).

Additional provision second.

1. In accordance with the list of priorities set out in the seventh final provision of Law 13/1982. On 7 April, the Social Integration of the Disabled, from the date of entry into force of Royal Decree 383/1984, the following benefits will be implemented:

(a) Healthcare and pharmaceutical assistance, which will be provided in accordance with Article 43 (3) of Royal Decree 383/1984, by the National Institute of Health, with the extension provided for in Article 6. Decree and shall be effective in the manner determined;

(b) Minimum income guarantee allowance, third-person support allowance and mobility allowance and compensation for transport costs, which shall be carried out in fourteen monthly instalments of 10,000, 5,000 and 3,000 pesetas, respectively, in accordance with the provisions of the additional provision of Royal Decree 383/1984, and shall be effective in the manner provided for in this Order,

2. The benefits of medical-functional rehabilitation and professional recovery and social integration measures, also regulated by Royal Decree 383/1984, will be gradually and continuously put into place, in line with the needs of the which are detected, in accordance with the provisions of the two final paragraphs of the aforementioned seventh final provision of Law 13/1982 of 7 April.

Transitional disposition

Until so long they are implemented in the conditions and with the extension provided for in Royal Decree 383 1984, the benefits of medical rehabilitation-functional and of professional recovery and the measures of social integration, the basic needs for rehabilitation, recovery and integration that will be generated will be met with the services and centers currently available to the National Institute of Social Services and with the benefits provided for in the Unified public aid for the handicapped, regulated by Royal Decree 620/1961 of 5 February.

Final disposition

The Directorates-General for Economic and Legal Affairs of Social Security and Social Action are hereby authorised to issue, within the scope of their respective powers, the instructions they deem necessary for the implementation of the Directive. of the provisions of this Order.

I say it to VV. II. for timely compliance.

Madrid, March 13, 1984.

ALMUNIA AMANN

Ilmos. Mr Deputy Secretary and Secretary General for Social Security and Lima. Ms. Director-General of Social Action.