Article 38.1. e) of the recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, (hereinafter LGS) under the heading "Protective action of the system of social security", provides that the latter will comprise the social services which may be provided for in the re-education and rehabilitation of persons with disabilities and assistance to the elderly, as well as in those other subjects where it is considered appropriate.

The supplementary benefits of the Social Security System are included in Article 53 of the LGS, providing that as a supplement to the benefits corresponding to the situations specifically protected by Social Security, is, subject to the provisions of the ministerial department concerned, in this case the Ministry of Health, Social Services and Equality, and in connection with their respective organs and services, will extend their action to the social services provided for in this law, whether or not they may be established in the future, in accordance with the provisions of Article 38.1 (e) of that law.

In Article 57.1 (c) of the LGSS, the Institute of Older and Social Services is assigned the management of services complementary to the benefits of the Social Security system, defining this Institute as a Entity Gestora de la Seguridad Social, with the nature of an entity governed by public law and legal capacity for the fulfilment of the purposes assigned to it.

The Termalism Program was born in 1989 within the Ministry of Social Affairs, as a social services policy that is close to the needs of the citizens, and its regulation was established by the Order of March 15. 1989, as amended by the Order of 26 December 1990.

This Termalism Program responds to the demands of older people to be able to receive recuperating treatments at the specialized hot springs.

The elapsed time since the dictation of this regulatory regulation, prior to the elaboration of the recast text of the General Law of Social Security, and the equal treatment of the users of the managed programs The Institute of Older and Social Services, advises its updating, also reduces the requirement of age to the pensioners of widower, collective in which a great majority of women participate, which together with the loss of their partner have In the case of the Commission, the Commission has taken the view that the If you did not pay directly to the Social Security, and not have been entitled to your own pension, it is significantly less than the one receiving your spouse, who is the cause of the widow's pension.

The possibility of accessing this program to persons over the age of sixty-five years is also extended, whether or not they are active, provided that they have the status of insured or beneficiary of the Social Security System, as well as the pensioners of widowers over fifty-five years old.

The reasons that justify the extension of the subjects that can potentially benefit from the Program is that the use of the thermal cure has a double interest for the elderly as it avoids other more harmful treatments, helping to rehabilitate and retrieve functions.

In addition, the Termalism Program has, since its inception, aimed to promote the economic development of the areas in which the resorts are located, contributing to the creation and maintenance of employment, facilitating, as well, the improvement and modernisation of the infrastructure and facilities of these centres and allowing the professionalisation and specialisation of the staff providing their services in the establishments.

Finally, we have to point out that by Royal Decree 200/2012, of 23 January, the basic organic structure of the Ministry of Health, Social Services and Equality was developed, and the Royal Decree 1887/2011, of 30 of December, for which the basic organic structure of the ministerial departments is established, being attached to the Ministry of Health, Social Services and Equality, through the Secretariat of State for Social Services and Equality, the Institute of Older and Social Services (hereinafter IMSERSO), and by Royal Decree 1226/2005, of 13 of October, the organic structure and functions of the IMSERSO were established.

This standard has been submitted for consultation with the State Council of Older Persons and the National Disability Council.

It has also been submitted to the Spanish Data Protection Agency's previous report.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and purpose.

1. The purpose of this order is to regulate the Termalism Program, as a complementary service to the benefits of the Spanish Social Security System.

2. The Termalism Program provides access to the thermal treatments, which are provided in the establishments that have medicinal mineral water springs, declared of public utility, contributing to improve the quality of life of older people, as well as the promotion of active ageing, improved health and prevention of dependency.

Article 2. User requirements.

1. May participate in the Termalism Program of the Institute of Older and Social Services (IMSERSO), the persons resident in Spain, who meet any of the following requirements:

a) Being a retirement pensioner or permanent disability of the Spanish Social Security System.

b) Be a widow of widower with fifty-five or more years of age of the Spanish Social Security System.

c) Being a pensioner for other concepts or recipients of benefits or unemployment benefits, with sixty or more years of age of the Spanish Social Security System.

d) Being insured or beneficiary of the Spanish Social Security System, with sixty-five or more years of age.

2. Place users must meet the following requirements:

(a) Do not suffer from changes in behavior that may alter normal coexistence in establishments, or suffer from communicable disease with risk of contagion.

b) Be able to fend for yourself to perform the basic activities of daily life.

c) Need the requested thermal treatments and lack medical contraindication for the reception of the same.

d) Reach, in accordance with the established scale, the score that allows you to access one of the requested spas and shifts.

Users of the treatments, and where appropriate their companions, shall certify to the IMSERSO the compliance with the requirements set out in paragraphs (a), (b) and (c) of this paragraph by means of a responsible declaration, in the model that accompanies the request.

Article 3. Participation of Spanish residents abroad.

People of Spanish nationality who reside abroad may participate in the programmes, provided they receive a pension from the Spanish Social Security System and have the age required in Article 2.1, or insured persons or beneficiaries of the Social Security System, with an age equal to or greater than sixty-five years, in accordance with the provisions of Article 2.1 (d), and, in all cases, meet the other requirements of the users in Article 2.2.

Article 4. Companions.

Users, referred to in Articles 2 and 3, may be accompanied by their spouse or, where appropriate, by a couple of fact or person with whom they are a stable union and co-existence with the same relationship of affectivity to the spousal, without the need for them to meet any of the requirements laid down in Article 2.1.

They may also be accompanied by children with disabilities, in a degree equal to or greater than 45 percent, provided that the shift is enjoyed by their parents and is housed in the same room.

Article 5. Services included.

1. The services included in each shift are as follows:

a) Accommodation in shared-use double rooms.

b) Manufacturing under full pension scheme.

c) Access to basic thermal treatments, comprising prior medical recognition, prescribed thermal treatment, and medical follow-up of treatment.

d) Realization of leisure and leisure activities.

e) Collective insurance policy.

2. The displacement is not included until the thermal establishments, which runs on behalf of the users and, if necessary, companions. The annual call for tenders may, for certain spas, establish the existence of a transport approach to them.

Article 6. Funding.

Programs are co-financed by the user and by the IMSERSO with their budgets.

The IMSERSO contribution can range from 20 percent to 50 percent of the cost of the service, based on the types of seasons and shifts.

Article 7. Economic contribution of the users of the places.

Users will pay to the spa, for attending the corresponding shift, the price set in the resolution of the call of the places according to the spa, the season and the duration of the chosen turn.

Article 8. Call for places.

The Termalism Program is developed through an annual call for the places, carried out by resolution of the IMSERSO Directorate General, in which the number of places of the program will be fixed, the duration of the shifts, the the price to be paid by the users, the funding of the IMSERSO and the place, time and form of submission of applications, as well as the applicable scale for the selection of users.

The call resolution will be made public in the "Official State Gazette", and on the IMSERSO website.

Article 9. Applications and place of presentation.

1. Applications will be formalised in the model shown as an annex to the call, with the corresponding responsible statements, which will be available on the IMSERSO website, in the Directorate-General, Territorial Directorates and Centres of the IMSERSO and the bodies designated by the Autonomous Communities that have assumed the functions and services of the IMSERSO.

The application and the declaration responsible for the requirements set out in Article 2.2 (a), (b) and (c) may be submitted in person or by post.

2. The application may be submitted at the headquarters of the Directorate General of the IMSERSO, Avda. de la Enlightenment, s/n, with return to c/Ginzo de Limia 58, 28029 Madrid; in the Territorial Direction of Ceuta, Avda. of Africa s/n, 51002 Ceuta; in the Directorate Territorial of Melilla, c/Querol 31, 52004 Melilla; in the IMSERSO Centers and in the bodies designated by the autonomous communities that have assumed the functions and services of the IMSERSO. It may also be submitted by any of the means provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. Applications may be submitted by electronic means. In this case, applications shall be made available, for completion, in the address to be indicated on the relevant call.

4. The annual call resolution shall establish two time limits for the submission of applications, the first for the shifts from the months of February to August and the second for the shifts from the months of September to December of each year. determine the maximum period of notification of the resolution for each shift.

Applications may be submitted for each of the shifts provided for in the preceding paragraph and may be awarded in each of them.

The requesting person or the person representing his/her representation may, in the application model, express consent to the IMSERSO to obtain directly, through electronic or telematic means, the data of identity and residence. The applicant or his representation may expressly refuse such consent, or may expressly revoke it at any time, in which case it shall provide the required documentation.

If the application does not gather the identification data and/or any of the data provided for in Article 70 of Law 30/1992, of 26 November, the data subject shall be required, in accordance with the provisions of Article 71.1 of the said application. law, so that, within ten working days, the errors are remedied, or accompanied by the necessary documents, indicating that, if it does not do so, it shall be given the withdrawal of its request, after notification of the express resolution of the be given in the terms provided for in Article 42 of the same law.

Article 10. Instruction.

1. The applications shall be accepted and shall be the IMSERSO General Management Subdirection competent for their assessment.

2. The assessment shall be carried out by the application of the scale to be established in the annual call.

3. The scale shall contain the following subjects to be assessed:

a) Degree of need to receive the thermal treatments.

b) Economic situation of applicants.

c) Age of applicants.

d) Not having enjoyed square in the Program in previous years.

e) Being a member of a large family.

Article 11. Resolution and allotment of places.

1. The places will be awarded, within the maximum period of the decision of convocation, by the Directorate General of the IMSERSO, according to the provincial distribution of the places established, the number of places offered by each spa and shifts and taking into consideration the score reached by the plaza request files.

2. The decision on the award of a place of business may be brought before the social court within 30 working days of receipt, in accordance with the provisions of Article 71 of Law 36/2011 of 10 October, regulatory of social jurisdiction.

3. Upon receipt of the slot award notification, the user shall pay to the spa the amount set for the plaza reservation.

4. Users will be entitled to coverage of the Termalism Program insurance guarantees.

Article 12. Waiting lists.

1. Applications which, in compliance with all the required requirements, have not obtained a place will be included in a waiting list for each of the two periods offered, in the requested spas and shifts, by order of priority according to the assessment obtained in application of the scale.

2. The vacancies to be filled will be covered, taking into account the order in the waiting lists.

3. The IMSERSO may offer applicants in a waiting list situation, if there is no vacancy in the requested spas and/or months, the possibility to modify their preference.

Article 13. Resignations.

1. You will not proceed to return the amount paid by the plaza reservation if you waive it.

2. Nor will any refund be made, when once the stay at the resort is initiated, the user voluntarily renounces to complete the same.

Article 14. Development of the Program.

The Program may be carried out by contracting the activities in accordance with the provisions of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, of 14 November.

Article 15. Collaboration conventions.

The IMSERSO will be able to sign collaboration agreements with other Public Administrations to enhance the fulfillment of the objectives of the Termalism Program.

The collaboration agreements that increase the number of places in certain destinations and/or increase the number of users in origin will regulate, among other extremes, the financing to be provided by the Public Administrations that underwrite them.

Article 16. Monitoring and monitoring of the Termalism Program.

The thermal establishments of the Termalism Program, will be subject to the supervision and direct monitoring and control of the quality of the services provided, by the IMSERSO.

Article 17. Checking personal data.

The IMSERSO will be able to access the data contained in the files of the managing entities and common services of the Social Security and of the entities that collaborate with the same ones that are essential for the assessment of The application files for the Termalism Programme square. Such treatment, which will not require the consent of the person concerned, will be fully submitted to the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and its provisions for development.

For the purpose referred to in the preceding paragraph (assessment of the application files for a place), the IMSERSO, provided that it acts as an effective management entity for the provision, may request the Administration In accordance with the provisions on the transfer of tax information in Law 58/2003 of 17 December, General Tax, the data necessary for the determination of the economic capacity of the participants in the tax This Program.

Single repeal provision. Regulatory repeal.

The Order of 15 March 1989 establishing and regulating the Social Termalism Service of the National Institute of Social Services is hereby repealed.

Final disposition first. Competence title.

This order is issued under Article 149.1.17. of the Constitution, which attributes exclusive competence to the State on basic social security legislation.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 30, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.