Order Ssi/1688/2015, Of 30 July, Which Regulates Program Spas Of The Institute Of Higher And Social Services.

Original Language Title: Orden SSI/1688/2015, de 30 de julio, por la que se regula el Programa de Termalismo del Instituto de Mayores y Servicios Sociales.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8941

Article 38.1. (e) of the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994 of 20 June, (in later LGSS) under the heading "Action protective system of Social Security", has this will understand social services that may be established in terms of re-education and rehabilitation of people with disabilities and assistance to older people , as well as in those other materials in that you consider suitable.

Complementary benefits of the Social security system are contained in article 53 of the LGSS, having that you as a complement of benefits attributable to the situations specifically protected by Social Security, subject to the provisions of the ministerial department that corresponds, in this case the Ministry of health, social services and equality, and in connection with their respective bodies and services (, extend its action to social services benefits provided for in this Act, regulations, or which in the future may be established, in accordance with the provisions in article 38.1 e) of the Act.

(In the article 57.1 c) of the LGSS, is attributed to the Institute of higher and services social it management of them services complementary of them benefits of the system of it security Social, defining is this Institute as an entity manager of it security Social, with nature of entity of right public and capacity legal for the compliance of them late that you have been entrusted.

Thermalism program was born, in 1989, within the Ministry of Social Affairs, as a policy of social services next to the needs of citizens, establishing its regulation by order of 15 March 1989, modified by the order of 26 December 1990.

This hydrotherapy program responds to the demands of older people to receive recuperative treatment in specialized thermal establishments.

He time elapsed from the dictated of this normative regulatory, previous to the elaboration of the text consolidated of it law General of it security Social, and the equality of try to provide to them users of them programs managed by the Institute of greater and services social, advised its update, also is reduces the requirement of it age to them pensioners of widowhood , collective in which participates a great most of women, that together with the loss of its couple have seen significantly reduced them income of its unit family, since it pension that perceive, in case of not have quoted directly to it security Social, and not have caused right to your own pension, is significantly less that which came receiving your spouse causative of the widow's pension.

Also is extends the possibility of access to this program to them people older of sixty and five years, is are or not in active, whenever have the condition of insured or beneficiary of the system of it security Social, as well as to them pensioners of widowhood greater of fifty and five years.

The reasons justifying the extension of subjects that can potentially benefit from the program is the use of the thermal cure has a double interest for the elderly since it avoids other more harmful treatments and helps rehabilitate and restore functions.

In addition, Thermalism program has sought, since its inception, enhance the economic development of the areas in which the spas, settle, contributing to the creation and maintenance of employment, facilitating also the improvement and modernization of infrastructures and facilities of these centers and allowing the professionalization and specialization of the staff providing services in settlements.

Finally, we point out that by Royal Decree 200/2012, January 23, developed the basic organizational structure of the Ministry of health, social services and equality, and modified the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments, being attached to the Ministry of health , Services social e equality, through the Secretariat of State of services social and equality, the Institute of higher and services social (in forward IMSERSO), and by Real Decree 1226 / 2005, of 13 of October, is established the structure organic and functions of the IMSERSO.

This standard has been submitted to consultation of the State Council of older persons and the National Council on disability.

It has also been report in advance of the Spanish Agency of data protection.

In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: article 1. Object and purpose.

1. the present order has by object the regulation of the program of Thermalism, as service complementary of the benefits of the system of it security Social Spanish.

2. the program of Thermalism provides the access to them treatments thermal, that is provide in them establishments that have with springs of water miner medicinal, declared of utility public, contributing with this to improve the quality of life of them people older, as well as the promotion of the aging active, it improves of the health and the prevention of it dependency.

Article 2. Requirements of the users.

1 may participate in the program of spas of the Institute greater and social services (IMSERSO), people living in Spain, who meet any of the following requirements: to) be retirement or permanent Social Security disability pensioner Spanish.

b) pensioner's widow with fifty-five or more years of age of the Social security system be Spanish.

(c) be pensioner by other concepts or recipient of benefits or unemployment benefits, with sixty or more years of age of the Social security system Spanish.

(d) be insured or beneficiary of the Social security system Spanish, with sixty-five or more years of age.

2 square users must meet the following requirements: to) be free from alterations of behaviour which can alter the normal coexistence in settlements, nor transmissible disease at risk of contagion.

(b) be able to fend for itself to perform the basic activities of daily living.

(c) require the requested thermal treatments and have no medical contraindication to receipt of the same.

(d) reach, of conformity with it scaling established, the score that you allow access to one of the spas and shifts requested.

Users of the treatments, and if their companions, be credited to the IMSERSO compliance with the requirements set out in paragraphs to), b), c) of this section responsible for declaratively, in the model that accompanied the request.

Article 3. Participation of Spanish nationals living abroad.

Persons of Spanish nationality, residing abroad, provided that they receive a pension from the Social security system, shall participate in the programs Spanish and have the age required in article 2.1, or are insured or beneficiaries of the Social security system, with age equal or higher than sixty-five years, as laid down in article 2.1 (, paragraph d), and, in all cases, meet the rest of the requirements in article 2.2 users.

Article 4. Companions.

Them users, to which make reference them articles 2 and 3, may go accompanied by your spouse or, in your case, by couple indeed or person with which is is a union stable and of coexistence with analog relationship of affection to the conjugal, without need of that these meet any of them requirements required in the article 2.1.

You can also go accompanied by children with disabilities, to a degree equal to or greater than 45%, provided that the turn to enjoy it with their parents and staying in the same room.

Article 5. Services included.

1 the services included in each shift are the following: to) double rooms in shared accommodation.

(b) support in full Board.

(c) access to basic thermal treatments, which include the prior medical examination, the prescribed thermal treatment and the medical monitoring of treatment.

(d) accomplishment of activities of leisure and time free.

(e) policy collective of safe.

2. not is includes the displacement to those establishments thermal, that runs by has of them users and, in his case, companions. The resolution of call annual may establish, for certain spas, the existence of a transport's approach to them same.

Article 6. Funding.

Those programs will co-finance by the user and by the IMSERSO with charge to their budgets.

The contribution of the IMSERSO may oscillate between the 20 percent and the 50 percent of the cost of the service, attending to those types of seasons and shifts.

Article 7. Contribution economic of the users of the plazas.

Them users credited to the Spa, by attend to the shift corresponding, the price fixed in it resolution of call of the squares according to the Spa, the season and the duration of the shift chosen.

Article 8. Call for vacancies.

He program of Thermalism is develops through a call annual of them squares, effected by resolution of it address General of the IMSERSO, in which is set the number of squares of the program, the duration of them shifts, the price to pay by them users, the funding of the IMSERSO and the place, term and form of presentation of them requests, as well as the table applicable for the selection of them users.

The resolution of announcement will be made public in the «Official Gazette», and on the website of the IMSERSO.

Article 9. Requests and place of presentation.

1. them requests is formalized in the model that figure as annex to the call, with them statements responsible for corresponding, that will be available in the website of the IMSERSO, in the address General, addresses territorial and centers of the IMSERSO and in them bodies that designate them communities autonomous that have assumed them functions and services of the IMSERSO.

The request and the statement of responsible for the requirements in article 2(2), paragraphs to), b) and (c)), may occur in person or by post.

2. the request is may present in the headquarters of the address General of the IMSERSO, Avenue of the illustration, s/n, with turned to c / Ginzo of Limia 58, 28029 Madrid; in the address Territorial of Ceuta, Avenue of Africa s/n, 51002 Ceuta; in the address Territorial of Melilla, c / Querol 31, 52004 Melilla; in the centers of the IMSERSO and the bodies designated by the autonomous communities that have assumed the functions and services of the IMSERSO. Also can present is by any of them media provided in the article 38.4 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common.

3. applications may be submitted by electronic means. In this case, applications will be available for completion, at the address indicated in the corresponding call.

4 the resolution of annual announcement will set two deadlines for submission of applications, the first for the shifts of the months of February to August and the second to the shifts of the months of September to December each year, also will determine the maximum period of notification of the decision to each of the shifts.

Is may present request for each one of them shifts expected in the paragraph earlier and may award is square in each one of them.

In the application form, consent to get the IMSERSO directly, through electronic or telematic means, the applicant or who holds its representation may provide data of identity and residence. The applicant or who holds its representation to refuse expressly consent, or may expressly revoke it at any time, in which case the required documentation must be provided.

If it application not meet them data of identification and/or any of them expected in the article 70 of the law 30 / 1992, of 26 of November, is will require to the interested, in accordance with it established in the article 71.1 of the cited law, so in a term of ten days working remedy them failures, or accompany them documents mandatory , with an indication of that, so do not do so, you shall be withdrawn its request, prior notification of the express decision which will be held in the terms provided for in article 42 of the same law.

Article 10. Instruction.

1. admitted the requests, will be the Subdirectorate General of management of the IMSERSO it competent for their valuation.

2. the valuation is held through the application of the table that is set in it call annual.

3 the table will contain the following subjects to assess: to) degree of need for thermal treatments.

(b) the economic situation of applicants.

(c) age of applicants.

(d) not having enjoyed square in the program in previous years.

(e) be a member of a large family.

Article 11. Resolution and allocation of seats.

1. vacancies will be awarded, within a maximum period that set the resolution's call, by the General direction of the IMSERSO, depending on the provincial distribution of places established, the number of places offered by each Spa and shifts and taking into consideration the score achieved by the application of square records.

2. against the decision of awarding of plaza is may bring claims before the social courts within the period of 30 working days of its receipt, in accordance with the provisions of article 71 of the law 36-2011, of 10 October, regulating the social jurisdiction.

3 received notification of award of plaza, user must pay to the Spa amount established for the reservation.

4. users shall be entitled to warranties of Thermalism program insurance coverage.

Article 12. Waiting lists.

1. Requests that fulfill all the requirements, have not obtained square will be included in a waiting list for each of the two periods offered, spas and shifts requested, by order of priority according to the rating obtained in application of the scale.

2. the vacancies that occur will be covered, according to the order established in the waiting lists.

3. the IMSERSO may offer to applicants on the waiting list situation, if there is no vacancy in spas or requested months, the possibility of modifying its preference.

Article 13. Disclaimers.

1. not proceed return the amount paid by the book of square if is resignation to the same.

2. neither shall refund, where once started time to stay at the Spa, the user renounces voluntarily complete it.

Article 14. Development of the program.

The program will be made by contracting activities in accordance with provisions of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, 14 November.

Article 15. Collaboration agreements.

IMSERSO may sign collaboration agreements with other public administrations to promote the fulfilment of the objectives of the programme of spas.

The collaboration agreements to collect increased capacity in certain destinations and/or increase the number of users in origin, be regulated, among other ends, the funding to be provided by the public administrations which have agreed them.

Article 16. Supervision and monitoring of the program of Thermalism.

Thermal hydrotherapy program establishments, will be subject to the supervision and monitoring direct and control of the quality of the services provided, by the IMSERSO.

Article 17. Verification of personal data.

IMSERSO may access the data contained in the files of the management entities and common services of Social Security and the entities that collaborate with them that are essential for the assessment of application of square of Thermalism program files. Said treatment, that not will require the consent of the interested, is submit fully to it provisions in the law organic 15 / 1999, of 13 of December, of protection of data of character Personal, and their provisions of development.

With the purpose to which is refers the paragraph previous (valuation of them records of application of square), the IMSERSO, whenever act as entity manager effective of it provision, may request to the Administration tax, in accordance with it willing in matter of assignment of information tax in it law 58 / 2003, of 17 of December, General tax, them data that are necessary for the determination of it capacity economic of them participating in this program.

Sole repeal provision. Repeal legislation.

The order of March 15, 1989 by which establishes and regulates the service of Social Thermalism of the National Institute of social services is repealed.

First final provision. Skill-related title.

This order is issued on the basis of article 149.1.17. ª of the Constitution, which attributes to the State the exclusive competence on Basic Social security legislation.

Available to finish second. Entry into force.

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

Madrid, 30 July 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.