Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2706
The Ministry of Health, Social Services and Equality, under Royal Decree 200/2012, of 23 January, establishing the basic organizational structure of the Ministry of Health, Social Services and Equality develops and amending Royal Decree 1887 / 2011 of 30 December, the basic organic structure of the ministerial departments is established, it has attributed its functions joint state participation in the System for Autonomy and Care Unit, under the terms provided in Law 39/2006 of December 14, promotion of personal autonomy and care for people in situations of dependency, promoting social services, promoting cooperation with non-governmental organizations and promotion of social volunteering, and care and support for people with disabilities, in the scope of the powers constitutionally reserved to the State, being attached to the Ministry of Social Services and Equality, the managing entity of the Social Security called the Institute for the Elderly and Social Services (IMSERSO).
The IMSERSO, in accordance with the provisions of Royal Decree 1226/2005, of 13 October, the organizational structure and functions of the Institute for the Elderly and Social Services is established, has assigned responsibilities for the elderly in particular those arising from the operation of the System for Autonomy and Care Unit and the development of related policies and active aging population, accounting, also, the management of supplementary social services system programs Social Security and management plans, programs and services statewide for the elderly and people in situations of dependency.
With regard to the management of supplementary social services of the Social Security System, Article 38 of Legislative Royal Decree 1/1994 of 20 June, approving the revised text of the General Law approved social on the protective action of social security, cites security benefits social services that may be established in rehabilitation of persons with disabilities and assistance to the elderly.
Article 53 of the said code, under "Social Services" provides that in addition to benefits corresponding to the situations specifically covered by Social Security, this subject to the provisions of the corresponding ministerial department and connection with their respective bodies and services, extend their action to the provision of social services provided in this Act, the regulations or in the future may be established in accordance with the provisions of Article 38.1.e).
Not having affected the cities of Ceuta and Melilla the transfer process in social services that occurred in the autonomous communities throughout the 90s, the Social Security in general, and in particular IMSERSO , retain their competence in social services in these cities.
In addition, the performance of the System for Autonomy and Care Unit, under Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care for dependent people, are configured as a new form of social protection, regulating in this law, in its third additional provision, financial support to facilitate personal autonomy and noting that such aid will have the status of subsidies.
To serve these purposes, the State Budget recorded the appropriate credits.
regulatory basis for awarding grants, adapts to the requirements of Law 38/2003 of 17 November, General Subsidies, and Royal Decree 887/2006 of 21 July, Regulation of the Law 38/2003 of November 17, General Grant and the provisions of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure approved .
Article 17.1 of Law 38/2003 of November 17 states that within the scope of the General State Administration, the Ministers will establish the appropriate regulatory basis for the granting of subsidies.
In its processing, this order has been subject to consultation of the Central Chief Legal Service and the Executive Intervention IMSERSO.
By virtue, with the prior approval of the Minister of Finance and Public Administration, I have:
Article 1. Purpose and scope.
This order establishes the regulatory bases of subsidies granted by the IMSERSO, charged to credit their budgets to facilitate the provision of services, the acquisition of technical aids and facilitate mobility and communication and personal autonomy to elderly, people with disabilities and people in situations of dependency.
The purpose of these grants are well met, in a direct way, with the granting of individual grants to natural, or in the case of elderly and disabled people, through grants awarded to legal persons, as are non-governmental organizations to provide services and programs to the aforementioned persons.
The scope of this order is limited to the cities of Ceuta and Melilla.
Article 2. Nature, type and class of grants.
Subsidies referred to this order of bases include the following types:
1. Individual Grants: These grants are personal in nature and are intended for elderly, disabled and people in situations of dependency, residents in the cities of Ceuta or Melilla.
A) Individual Grants for seniors. These grants are complementary nature of services of the Social Security System, and are those listed in Annex 1) of this order, and are specified in the following classes:
1st Grants for rehabilitation. Its purpose is to promote personal autonomy, recovery or maintenance capabilities, through the medical-functional recovery, cognitive rehabilitation and support products.
2nd Grants for specialized care. Its purpose is home care, by adapting and home repair and functional mobility and communication through the acquisition of technical resources, support products and eliminate barriers in the home.
B) Individual grants for people with disabilities. These grants are complementary nature of services of the Social Security System, and are those listed in Annex 1 b) of this order, and are specified in the following classes:
Grants for rehabilitation: Its purpose is to promote personal autonomy and development or maintenance and recovery capabilities through early care, medical and functional recovery, functional and psychological recovery products support for.
2nd Grants for specialized care: Its purpose is the care at home or specialized institutions for people who can not follow the rehabilitation process outlined in the previous section. Services include personal, home, residential, occupational or therapeutic care, as well as the acquisition of technical, product support and removing barriers at home resources.
3rd supplementary grants transport, dining and residence: Its purpose is to cover the travel costs for rehabilitation or specialized care, people with disabilities that prevent them the use of public transport. also includes the cost of food in centers or places other than the usual place of residence, where the person should receive continuous or periodic any of the services mentioned in the above points and stay in residential centers for persons without domicile or in serious family situation.
activities: Its purpose is career advancement and job integration of the person. This is to provide people with disabilities the opportunity to acquire new skills, adapt or you already have.
C) Individual Grants for people in situations of dependency:
These grants to facilitate personal autonomy are intended, in accordance with Additional Provision Three of Law 39/2006 of 14 December on the promotion of personal autonomy and care for people in situations dependency, the following:
- Support the person with technical aids or instruments necessary for the normal development of their ordinary life.
- Facilitate accessibility and home adaptations to help improve their ability to shift housing.
2nd These grants are necessarily earmarked to cover the costs arising from the acquisition of technical aids or instruments and / or performing works of accessibility and adaptations of the home of the holders of the rights recognized by Law 39/2006 of 14 December, and are complementary in the catalog of services and economic benefits of the System for Autonomy and Care Unit and will be subsidiaries and, where appropriate, complementary portfolio of common services of a similar nature and purpose of the National Health System.
3rd Technical aids, assistive products or instruments that may be subject to grant shall be those set out in Annex 1.c) of this order.
In the types of subsidies referred to in a), b) and c) of this paragraph 1 shall be eligible expenses, if any, have been made in the year of the annual call, but before his publication.
2. Subsidies to entities and non-governmental organizations caring for the elderly and people with disabilities: Its purpose is to promote the maintenance of the facilities and services of the entities and non-governmental organizations of the cities of Ceuta and Melilla, usual care to people elderly and people with disabilities, as well as the promotion and support of activities of social, cultural, educational and informative attention directed to the collective and executed directly by the entity.
Article 3. Call.
1. The call will be made on a competitive basis, in accordance with the provisions of Article 22.1 of Law 38/2003 of 17 November, General Subsidies, by resolution of the Directorate General of IMSERSO, in accordance with its scope competition.
2. The calls contain necessarily the ends mentioned in Article 23.2 of Law 38/2003 of 17 November.
3. The call for grants contain the budget that should be allocated subsidies are called credits, programs to subsidize their prescriptions, requirements and priorities and can distribute credits programs and determine the maximum to grant ceilings, depending on the needs physical to serving people and nature, characteristics and degree of social implementation of entities and non-governmental organizations applicants.
4. The call, under the provisions of Article 59 of the Regulations of the General Subsidies Act approved by Royal Decree 887/2006 of 21 July, may decide simultaneously conducting several successive selection procedures along of a financial year, to grant the same line.
From the above, in the open call will materialize the number of successive resolutions shall select and for each of them:
A) The maximum amount to be granted.
B) The maximum resolution of each of the procedures.
C) The period that for each, applications may be submitted.
The maximum amount to be granted in each period shall be set in the corresponding call, given its duration and volume of applications provided and each of the resolutions should compare the applications submitted in the corresponding period of time and agree on granting no exceed the amount that each resolution is set to the open call.
In the open call when the end of a period has been granted the subsidies and the maximum amount to be granted has not been exhausted, you may transfer the amount not applied to the subsequent resolutions that fall. The criteria for allocation of funds among the remaining employees periods will be the general assessment criteria regulated in this order. Once relapse resolution, the head of the Directorate General of IMSERSO expressly agree to transfer amounts and the period in which they apply. The use of this possibility will not in any case prejudice the rights of applicants for the period of origin.
Article 4. Applicants subsidies.
They may attend the convocation natural and legal persons who meet the following requirements:
1. Applicants for individual grants.
A) Common requirements:
• Reside in the City of Ceuta or Melilla at least one year prior to the filing date of the application.
• Having justified, if necessary, the subsidies received in previous years and other financial aid received earlier, by other competent authorities in social services.
• Not be subject to the prohibitions set out in Article 13.2 of Law 38/2003 of 17 November, to have the status of beneficiary of public subsidies.
• not have received in the past four years subsidies for the realization of works or acquisition of technical aid for the same purpose, unless the following conditions:
- That the work or technical assistance requested is complementary to the previously granted, in order to prevent a situation of dependency, disability or promote personal autonomy of the applicant.
- That the work or technical assistance requested are different from those previously granted and are due to a worsening of the situation of dependence or disability.
B) Specific requirements for elderly:
• Having the status of insured or beneficiary of Social Security System.
• Have 65 or more years old.
C) Specific requirements for persons with disabilities:
• Having the status of insured or beneficiary of Social Security System.
• Having a degree equal to or greater than 33 percent disability. However, interested parties may apply for grants for rehabilitation, when not reach 33 percent of the degree of disability, require measures which prevent or delay the unfavorable evolution, and prove the need for the grant requested by the report of the technical assessment team and orientation (EVO) of Base Center Regional Directorates of Ceuta and Melilla.
D) Specific requirements for people in situations of dependency:
• Having recognized the dependence, assessed the extent of it and be the holder of the rights established in the Law 39/2006 of 14 December, under the terms provided in Article 5 of the legal text.
• Accredit the need for technical support, product support, the instrument works accessibility and / or home adaptations requested by team report assessing the situation of dependency of the Regional Directorates of Ceuta and Melilla.
2. Subsidies to entities and non-governmental organizations.
Entities and non-governmental organizations usual care for the elderly and people with disabilities, must meet the following requirements:
A) Having established in the cities of Ceuta and Melilla or scope confined to Ceuta and / or Melilla according to its statutes.
B) be legally constituted and duly registered in the corresponding administrative services to the date of publication of the call records.
C) Lack of profit.
D) Pursue accordance with its bylaws, regular attention to the elderly and persons with disabilities character.
E) to date in the fulfillment of tax obligations, social security and the payment of obligations for reimbursement of subsidies.
F) Provide structure and sufficient to ensure compliance with the objectives capacity, having the operational experience necessary to do so.
G) To have sufficiently substantiated, where appropriate, grants received before other competent authorities in social services.
H) Not be incursas in the rest of the prohibitions to obtain the status of beneficiary of grants are set out in Article 13.2 and 3 of Law 38/2003 of 17 November.
Article 5. Competent bodies for management, instruction and resolution procedure.
1. The competent bodies to carry out all activities relating to the procedure for awarding grants will be the examining body, the collegial body and the awarding body which will act pursuant to the provisions in Articles 22, 24 and 25 of Law 38 / 2003 of 17 November.
2. The body responsible for training the procedure and formulation of the draft resolution are the Territorial Directorates of Ceuta and Melilla.
3. Corporate bodies are the committees assigned to the Regional Directorates assessment of Ceuta and Melilla:
A) Each evaluation committee will be chaired by a / a Deputy Director / a Territorial, and will form part of three members appointed by the / the director / a Territorial, between officials of the respective Territorial Directorate of administrative level 18 or superior, one of whom shall act as the secretary / a. In operation they shall apply the provisions for collegiate bodies in the Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.
B) This body will be responsible for issuing the report in which the outcome of the assessment in accordance with the provisions of Article 24.4 of Law 38/2003 of 17 November concrete.
C) The corporate bodies in its operation will be served with the technical and budgetary personal media, with which the administrative body count that are assigned.
4. The competent body for resolution of these grants is the / the director / a General of IMSERSO.
Article 6. Procedure for granting.
1. Grants will be awarded in accordance with the principles of publicity, transparency, objectivity, equality, non-discrimination and by the process of competitive tendering.
2. Each grant procedure is initiated ex officio by public announcement, adopted by resolution of the head of the Directorate General of IMSERSO and published in the corresponding Official Gazette, as provided in Article 23 of Law 38/2003 of November 17, and in accordance with the principles of Law 30/1992 of 26 November.
3. Calls develop the procedure for granting subsidies established in these regulatory bases.
4. Notification of the members acts of competitive tendering procedure shall be in accordance with the terms provided in Article 58 and following of Law 30/1992 of 26 November. In the call may be determined that, pursuant to the provisions of Article 59.6.b) of that legal text, the publication of such acts replace the notification, supplying their own purposes; In this case the notice shall indicate the bulletin board or media which made successive publications.
Article 7. Submission of applications and error handling.
1. Once published the calls, the / as interested / as must submit an application in standard form, which will be published as an annex to the calls and the remaining documentation required therein, at the headquarters of the convening body, or at headquarters that also indicated in the calls and in any case, in accordance with Article 38.4 of Law 30/1992 of 26 November.
2. The deadline for submitting applications is one month from the day following the publication of the notice in the relevant Official Journal.
3. Applications may be submitted electronically. In this case, applications will be available for completion through a computer application, which can be accessed through the website at the address indicated in the call.
4. For individual grants, the applicant must choose, in the request for inclusion in one of the following groups of grants: elderly, disabled or people in situations of dependency.
5. The submission of the application involves the authorization for the awarding body, through electronic or telematic means, obtain directly, data identity, residence and information or documentation is entered in Article 8, in the case of they have been signed by the appropriate authorization.
The applicant may expressly deny or expressly revoke such authorization at any time, in which case it must be provided, together with the application, the required documentation listed, being no cause to require contribution in accordance with the provisions of Article 71.1 of Law 30/1992 of 26 November.
6. If the request for initiation did not meet identification data, both the grant requested as individual person, entity or NGO applicant and / or any of those provided for in Article 70 of Law 30/1992 November 26, the applicant will be required, in accordance with the provisions of Article 71.1 of the Act, that within ten working days, to rectify the faults or provide the mandatory documents, indicating that if not made, it shall be the withdrawn its request, prior notification of the resolution to be issued under the terms of provided for in Article 42 of the same law.
Notwithstanding the foregoing, any time you can encouraged the applicant to complete the necessary formalities, in accordance with the provisions of Article 76 of Law 30/1992 of 26 November, granting that effect within ten working days from the notification following day, with express warning that failure to do so, he may declare declined his right to that procedure. However, the performance of the person concerned will be admitted and will produce its legal effect, if it occurs before or within the day the resolution which is deemed to be after the deadline is notified.
7. If prior to the resolution character brings to light data not adjusted to reality, both in the application and in the reports or in the documentation provided, it will require the applicant, in accordance with the provisions of Article 71.1 of the Law 30/1992 of November 26, so that, within ten working days, rectify the fault, indicating that if this is not done, he has withdrawn its request for, upon notification of the decision it shall be issued in the manner provided for in Article 42 of the Act.
8. The instructor organ in preproduction evaluation, first verify compliance with the conditions for acquiring the status of grant recipient.
Article 8. Documentation.
1. Original documentation that must accompany the application, will be established in addition to this order which set the resolution call.
The / as applicants will, for each call, the rights granted in Article 35 of Law 30/1992, of November 26, and may be accompanied by a copy of the original documents to provide, so that they are immediately returned by the Registry Offices, once the copy has been authenticated and attached to the request.
In the event that the contribution of the original, such as invoices and other documents required, the / as applicants are entitled to at the time of presentation, delivered to them properly filled with an accompanying copy stamp To them.
2. Specific documentation.
A) Requests for individual grants will be accompanied by the following documents:
The interested party or person who holds representation may provide in the application form, the express consent, so that the corresponding Territorial Directorate, in each case, obtain directly, through electronic or telematic means, data identity, residence, disability status, dependency status and information or documentation listed below.
The information concerning the documentation relating to the members of the household persons, it may be obtained directly, through electronic or telematic means, by the relevant Territorial Directorate, in each case, in the event of having provided express consent on the application form.
The person concerned or whoever holds their representation and members of the household people may expressly refuse such consent and may expressly revoke at any time, in which case they must provide, together with the application, the required documentation listed then being no cause to require contribution in accordance with Article 71.1 of Law 30/1992 of November 26:
1st document certifying the personality of the applicant.
2nd A document reside in the City of Ceuta or Melilla City.
3rd Accreditation, if any, legal representation.
4th Declaration, where appropriate, the de facto guardian.
5th Document establishing declaration and rating the degree of disability and / or dependency, and, if applicable, the spouse and relatives within the second degree of consanguinity, who live at the address of the applicant.
6th in the case of applicants who are financially dependent on the family unit living together and have their habitual residence in the family home.
7th Documents proving the income of the applicant.
8th Documents accrediting family income:
Income of all members integrating the household, spouse and / or relatives to the second degree of consanguinity, who live at the same address of the applicant is documentarily credited.
In the event that the applicant resides in the family home different, but financially dependent on the family unit, supporting documentation of income of all members up to the second degree of consanguinity, integrating the family unit.
9th or duly shaped Budget bill to justify the cost of the grant requested.
10. When financial aid to defray expenses have been paid previously by the applicant within the period specified in the annual call is requested, but before the publication of the call, the application shall be accompanied by the original invoice of these, in addition to the other relevant information such as reports or mandatory licensing documentation works.
In this case, if financial aid was granted, it shall be fulfilled the obligation under Article 17 of this order, regarding the justification of expenditure.
11. When financial assistance is requested to cover the cost of expenses incurred without them at the time of filing the application, he must accompany it at least a budget. Granted, if necessary, the grant will proceed to the advance payment, as stated in Article 13.3 of this order database, it being made subsequently the original invoice in order to justify the expense of the subsidized amount.
12. Documentation justifying the need for the grant requested.
- For individual grants for elderly: Optional medical prescription issued by the National Health System or social services report.
- For individual grants for people with disabilities: Report of the technical assessment team and orientation of the Base Center Regional Directorates.
- For individual grants for people in situations of dependency: Report of the assessment team of the dependence of the Regional Divisions.
13. certificate evidencing compliance with tax obligations and Social Security.
In this respect, the submission of the grant application will involve the authorization of the applicant, the awarding body directly obtain accreditation of the circumstances provided for in Article 18 of the Regulations of the General Subsidies Act, through telematic certificates, in which case the applicant shall not provide the appropriate certification.
However, the applicant may expressly withhold consent, and must then provide certification under the terms provided in Article 22 of the Regulation.
14 Declaration responsible for the beneficiary that is current payment obligations for reimbursement of grants, as provided in Article 25 of the Regulations of the General Subsidies Act.
15 In cases not provided for in paragraphs 13 and 14, declaration responsible for the beneficiary, granted before the grant awarding body, that is not within the prohibitions to obtain the status of beneficiary grants , set out in Article 13.2 of Law 38/2003 of 17 November.
16 In the case of gender or domestic violence may be credited for any of the following documents: conviction, order of protection, report of Public Prosecutions or accreditation / report issued to certifying effect of receiving assistance because of violence gender or domestic, good social services of the Regional or Local Public Administration or in a foster home.
17 Those who, if any, is expressly stated in the calls.
B) Grant applications submitted by entities and non-governmental organizations will be accompanied by the following documents:
1st document certifying the applicant's personality and power enough in law to act on behalf of the legal person applicant.
2nd tax identification number.
3rd Original, authentic character copy, or certified statutes of duly authorized photocopy.
document certifying the registration of the entity in the administrative record.
5th Certification stating the identification of the directors of the company, members of its board or governing body, and the date of appointment and election mode. This certification must demonstrate the presentation of such information in the administrative record.
6th expressly determined, if necessary, call in resolutions in relation to the purposes and actions, scope of implementation of such entities and non-governmental organizations and the nature of the services and programs for which funding is requested.
7th Declaration whoever holds responsible for the legal representation of the applicant that it is up to date with their tax obligations and Social Security entity, as set out in Article 24.7 of the Regulations of the General Subsidies Act .
8th Declaration responsible for whoever holds the legal representation of the applicant that it is current payment obligations for reimbursement of subsidies entity, in accordance with Article 25 of the Regulations of the General Subsidies Act.
9th In cases not provided for in paragraphs 7th and 8th statement whoever holds responsible for the legal representation of the applicant, granted before the grant awarding body that it is not involved the prohibitions to obtain the status of beneficiary of grants provided for in Article 13, paragraphs 2 and 3 of Law 38/2003 of 17 November.
10. Explanatory Notes to the substantial characteristics of the entity, or non-governmental organization of care for the elderly and disabled, and the programs they present.
Not be necessary to present the documents required in point b) where these have not been changed and were in possession of any organ of the acting administration, in which case the applicant may invoke the provisions of Article 35 f) of Law 30/1992 of 26 November, provided stating, in writing, the date and the organ or dependency in which they were presented or, if issued, and when more than five years have elapsed since the completion of the procedure to which they relate. In cases of material impossibility of obtaining the document, the competent authority may require the applicant to submit, or failing that, accreditation, by other means, of the conditions to which the document refers, prior to the formulation of the draft resolution.
C) Specific program requirements established in the calls that are not accredited, and the data is not filled in application forms shall not be taken into account for valuation purposes.
Article 9. Reports.
To facilitate better evaluation of applications, the competent body, may request technical reports to management centers and agencies having jurisdiction by reason of matter deemed necessary.
For this purpose, it must be taken into special consideration the requirement that the work planned to accommodate the rules of the territory where made, whichever bring the building permit City Council when it is necessary for the works to facilitate accessibility and home adaptations, simultaneously with the justification of spending, and at any time when required by the licensing authority, after the award of the grant.
The deadline for issuing reports shall be 10 business days, unless the competent body, in accordance with the provisions of Article 24.3.a) of Law 38/2003 of 17 November, in response to characteristics of the requested report, or the procedure itself, request issue a greater or lesser term without in the latter case may not exceed two months.
Article 10. General endpoints.
For the award of grants, in addition to the amount of the overall budget included in the corresponding budget appropriations which conditions, without the possibility of extension, the obligations contracted under the same assessment criteria to be taken into account, in accordance with the provisions of Article 60 of the Regulations of the General Subsidies Law:
1. individual grants.
A) Common Criteria:
1st Economic Situation: In the case of individual grants for seniors and people with disabilities economic capacity of the applicant will be assessed, in view of their income up 45 points.
In the case of individual grants for people in situations of dependency the economic capacity of the applicant will be assessed, taking into account their income and their assets, up 20 points and the per capita family income of your household to 5 points
For the purposes of calculating family income, all economic resources of the spouse and family will be considered until the second degree of consanguinity, who live at the same address of the applicant, including economic resources or that one .
In the event that the applicant resides in the family home different, but financially dependent on the family unit, were also credited the income of all members to the second degree of consanguinity, integrating the family unit, including those of the / the applicant.
For the determination of family income per capita all net economic resources shall be accounted for, including employment income, capital income, professional or artistic activities, as well as the pensions granted by public or private entities, etc. . The amount of family resources will be divided by the number of members of the household.
2nd Situation: factors will be assessed up to 15 points, as the total abandonment of the person's family background, psychophysical situation as well as the total or partial orphanhood. However, for measurement purposes, orphanhood factor is taken into account only in people younger than twenty-six years, except in the case of legal incapacitation declared, where there will be no age limit.
3rd Family situation: This section will be assessed up to 10 points the degree of disability from 33 percent or permanent disability or dependence (at all levels), they may have a spouse and / or relatives up to the second degree of consanguinity who live in the home of the person (excluding this one).
Social status: Resources environment. The assessment of this section, which may reach up to 10 points, will be made by the Evaluation Commission, taking into account the address of the person concerned and the resources and services available to the town of residence.
5th Concurrence in previous years: it will be assessed up to 5 points have obtained a favorable score, 50 points higher than in previous calls, not having acquired the status of beneficiary in any of them for lack of credit.
6th timing previous grants: up to 5 points will be assessed the time since the previous obtaining grants, computed from the fourth year, considering as priority the following circumstances time:
- The request for technical assistance grant of perishability, of which the applicant is already in possession, to continue or advance the development of ordinary life.
- The status of victim of domestic violence or gender violence, under the terms established in the Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence.
7.º Other factors. This section shall take into account situations not covered in the previous sections on health and the opinion of the relevant Territorial Directorate, it deemed necessary to assess, baremándose up to 10 points.
B) Specific criteria for people in situations of dependency:
1st situation of dependency: the degree of dependency recognized according to the following score will be assessed:
Grade III: 11 to 20 points.
Grade II: between 6 and 10 points.
Grade I: up to 5 points.
2nd A score equal, be given preference in granting those applicants who had obtained the highest valuation criterion called the situation of dependency, especially people in situations of great dependency, in line with the provisions of Article 3 q) of Law 39/2006 of 14 December. A degree will equal the highest score will be obtained in baremación.
2. Grants to entities, non-governmental organizations care for the elderly and disabled:
A) Evaluation of social need: the analysis or study of social need and the proposed objectives are taken into account in relation to existing public or private coverage (will be assessed from 0 to 15 points).
B) Technical content: the technical content of the program and its adaptation will take into account the objectives, actions and / or services offered, the number and characteristics of the beneficiaries, the media and the timetable provided and indicators for monitoring and evaluation of objectives in relation to the technical and material resources with which account entity or non-governmental organization of care for the elderly and disabled, (will be assessed from 0 to 15 points).
C) Implementation: the territorial scope of the actions and programs carried out by the entity or non-governmental organization of care for the elderly and disabled, as well as the number of partners and affiliates will be assessed, (be assessed 1 to 5 points).
D) Age: it is appreciated that the entity or NGO attention to these groups is constituted at least two years prior to the date of publication of the notice, (it will be valued from 1 to 5 points).
E) Specialization: Let it be accredited specialization of the entity or non-governmental organization in collective care programs that are directed or which is constituted as an association of the group itself which represents (will be assessed 0 to 10 points).
F) Structure and manageability: That the structure of the organization or non-governmental organization is sufficient and appropriate to carry out directly the activities under the programs presented and their management capacity and efficiency are accredited and which have systems of quality assessment and contribute to the achievement of the objectives, (will be assessed from 0 to 5 points).
G) External audit: it is valued especially the non-governmental organization entity or its management subject to regular checks (will be assessed from 0 to 5 points).
H) Budget and funding: the budgeted cost and the average cost per participant or beneficiary will be taken into account. the size of the budget of the organization or nongovernmental organization in the past year, its heritage and funding obtained from other institutions and their ability to mobilize resources from other public bodies and / or private, having priority will be valued at having a private financing capacity of at least 10 percent of its total budget revenue (will be assessed from 0 to 5 points).
I) Social Participation and Volunteering: The entity or nongovernmental organization promoting participation and social mobilization. That has a significant number of volunteers / as for the development of its programs, giving priority to those that have a system of training / the volunteer / as and the incorporation of these / as activities, (will be assessed from 0 to 5 points).
J) Adequacy of human resources: will be evaluated from 0 to 15 points the lines of action of the entity or nongovernmental organization in the management of human resources that are assigned to different programs, taking into account: || |
- The nature, characteristics and duration of the pre-existing employee hiring staff and new recruits.
- That staff recruitment criteria contribute to promoting the employment of people with disabilities and other social groups on which there are special measures to promote employment.
- The right combination of employee volunteers with the staff and the organization depending on the tasks that are assigned one to the other into consideration the degree of expertise, dedication and stability that these tasks require.
K) Compliance with the obligations arising from subsidies received from IMSERSO: the accuracy would be an asset in fulfilling its obligations with respect IMSERSO of grants awarded in previous years, (will be assessed from 0 to 5 points).
L) Continuity: the programs are taken into account the need to persist and having received grant in previous calls, have obtained a positive assessment of its performance, (will be assessed from 1 to 10 points).
Article 11. individualized
Size of grants.
1. The provision of grants shall be as determined annually in the Law on State Budget, under the budget appropriations to be entered in the appropriate calls, and the grant will be conditional upon the existence of adequate and sufficient credit in these budgets.
2. The budget presented by the / the applicant or its subsequent amendments, or if any bills, serve as a reference for the final determination of the amount of economic aid, but may not exceed 100 percent of the actual cost.
3. The grant award under the corresponding call not entail any obligation by the awarding body to award grants in the following fiscal years.
Article 12. Resolution.
1. The instructor organ, in view of the record and the report of the collegial body, make a proposal, duly reasoned provisional decision, which must be notified to the parties concerned, and within 10 working days is allowed for submissions.
It may dispense with the hearing process when not included in procedure or are taken into account other facts or other arguments and evidence adduced by the interested parties. In this case, the proposed resolution prepared shall be considered final.
Examined the claims made in his case by the interested parties, the proposed final resolution, which must state the applicant or the ratio of applicants for the grant of the subsidy is proposed, and the amount will be formulated, specifying evaluation and the evaluation criteria followed to perform the test.
2. The / the director / a General of IMSERSO solve the award procedure within 15 days from the date of lifting of the draft resolution, as regulated in Article 63.1 of the Regulations of the General Subsidies Act.
3. The decisions shall be justified, and shall in any case be accredited the grounds of the decision is adopted, and clearly identified the commitments made by the beneficiaries in accordance with the provisions of Article 25.2 of Law 38/2003, of November 17 and Article 62 of the Regulations of the General Subsidies Act.
4. The judgment should be rendered and reported, applicants, within a maximum period of six months from the date of publication of the respective calls, in accordance with Articles 25.4 and 26 of Law 38/2003 of 17 November . Exceptionally, it may be granted an extension of that maximum resolution and notification in the terms and with the limitations established in Article 42.6 of Law 30/1992 of November 26, communicating the agreement to applicants.
Notifications shall be made in accordance with the terms provided in Article 58 and following of Law 30/1992 of November 26, unless the relevant call had welcomed the literal article 59.6.b) of the Act 30/1992 of 26 November, as provided in Article 6.4 of this order.
5. Decisions given by the / the director / a General of IMSERSO will end the administrative route, may be brought against the same facultative appeal for reconsideration before the same body that issued it, within one month from the day following the notification, or be challenged directly before the contentious-administrative jurisdictional order in the manner and time established by Law 29/1998 of 13 July, regulating contentious-administrative Jurisdiction.
After the deadline set without has been issued and notified express resolution, the term rejected the request, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, without exemption the legal obligation to resolve.
6. In any case, the subsidies will be published in the relevant official journal, under the terms established in Article 18 of Law 38/2003 of November 17 and Article 30 of the Regulations of the General Subsidies Act.
Article 13. Payment of the grant.
1. Beneficiaries must certify, prior to payment of the grant, in accordance with Article 34.5 of Law 38/2003 of November 17 and Article 88.4 of the Regulations of the General Subsidies Act, which are aware of their tax and social security obligations and compliance with repayment obligations.
2. Payment of the grant will be made in one or two installments, depending on the nature of the subsidy, may prepayments made in accordance with the provisions of Article 34.4 of Law 38/2003 of November 17 || |
3. making advance payments, which will provide funds deliveries prior to justification, as necessary funding to carry out the actions inherent in the nature grant it is expressly provided.
The advance payment does not entail the establishment of a system of guarantees.
4. Payment of the grant will be made into a bank account entitled the / the beneficiary / herself or, where appropriate, their legal representative. The payment request into account other than the aforementioned require the express and reliable authorization of those as appropriate.
5. In the case of grants to entities and non-governmental organizations if, because of the nature of the activities under the subsidized program was authorized subcontracting, supporting documentation of specialization of the entity with which it outsources be provided the conducting activities funded program; it also is credited with being outsourced, it is aware of their tax obligations and Social Security and compliance of grant repayment obligations. It also must be accredited by the recipient or, where appropriate, by their legal representative, who is not involved in the other prohibitions to obtain the status of beneficiary of grants provided for in Article 13 of Law 38/2003 of 17 November.
Also in those programs in which they have involved or volunteer staff intervention is anticipated, they must certify that they have signed insurance policy accidents and disease, and the liability for these personnel.
Article 14. Compatibility with other grants.
1. individual grants.
Be incompatible enjoyment by the same beneficiary of individual grants for elderly, disabled and people in situations of dependency.
Each beneficiary can reconcile three aids for different purposes, the grants for the group of which he has opted for the application.
The grant award individual character will be incompatible with the free and simultaneous enjoyment of services that meet the same assumptions and needs for which the grant is requested, either because they are provided directly by state organs or Security social, or personal paid from their budgets, or by private institutions that have granted a public subsidy or work under a contract.
2. Subsidies to entities and non-governmental organizations.
The grant award will be incompatible with other grants covering the same programs for which the grant to IMSERSO, either because they are provided directly by State agencies or Social Security, or paid from staff was requested their budgets, or by private institutions that have granted a public subsidy or work under a contract.
The incompatibility will have partial character only when programs providing agencies and institutions aforementioned not have the same scope as provided in this order, or, in the case of organizations or institutions whose budget does not cover the total cost of programs that perform. In these cases they may receive grants to cover the cost difference.
In general, you will support the enjoyment by the same recipient of several grants when they are different in nature and cater to different needs.
3. Subsidies covered by this order shall be compatible with the receipt of other subsidies, grants, income or resources for the same purpose from any authorities or public or private, national authorities, European Union or international organizations.
4. The amount of grants awarded under no circumstances may be such amount which, individually or together with other grants, aid, income or resources for the same purpose from any authorities or public or private, national authorities in the European Union or international organizations, exceeds the cost of the assistance requested.
Article 15. Variations in the proceedings to subsidize.
1. In general, any alteration in the conditions taken into account and, in any case, concurrent obtaining other contributions outside the cases of compatibility provided for in Article 14 of this order may result in the modification of the award decision accordance with the provisions of Article 19.4 of Law 38/2003 of 17 November.
2. Entities and non-governmental organizations care for the elderly and disabled, may request, on an exceptional basis, changing the content and / or amount of the service or program under the grant, as well as its form and terms implementation and justification of the expenditure, when some event that alters or seriously hinder the development of the program or service is produced.
3. Requests for changes must be sufficiently reasoned and shall be made immediately to the appearance of the circumstances justifying character and in any event prior to the time the execution time for the subsidized program ends.
4. The / applicants will be informed / as of the date on which the application has been entered in the register of the respective body, from which the time-limit of resolution is initiated by communication will be directed by these bodies , in accordance with Article 42.4 of Law 30/1992 of 26 November.
5. Resolutions requests for amendments, shall be issued by the licensing authority of the grant, and notified within a maximum period of three months from the filing date of those in the registry.
Such resolutions shall terminate the administrative proceedings may be brought against the same facultative appeal for reconsideration before the same body that issued it, within a month, counting from the day following the notification of the decision or be challenged directly before the contentious-administrative jurisdictional order in the manner and time established by Law 29/1998 of July 13, regulating the administrative Jurisdiction.
After this deadline established without has been issued and notified estimated the request, in accordance with the provisions of Article 43.2 of Law 30/1992 of 26 November means taking all purposes consideration of administrative act terminating the proceedings, without prejudice to the obligation to issue an express decision confirming it.
6. Likewise, the body awarding the grant will dictate the resolutions that come when the amount of the subsidy should be subject to reduction, for the reasons mentioned in Article 14.4, in addition to any applicable according to the provisions of Article 20 this order on the corresponding reimbursement, as well as default interest, if any, could proceed.
Article 16. Obligations of the beneficiaries.
1. The beneficiaries will be obliged to fulfill the obligations that, in general, the article 14 of Law 38/2003 of 17 November, under this order and those relating to the relevant calls.
2. General obligations:
A) Perform activity in support of the granting of the subsidy in the form, conditions and deadlines established for each type of aid, and failing that, before December 31 of the year it has been awarded the grant or the deadlines for this purpose can be noted in the calls, without prejudice to the possibility of authorization extension.
B) Justify to the awarding body compliance with the requirements and conditions as well as the realization of the activity and the fulfillment of the purpose to determine the granting or enjoyment of the grant.
C) To submit to actions of verification, monitoring and inspection of the implementation of the grant, as well as the financial control that can perform competent control bodies.
D) Communicate as soon as known, the awarding body and in any event prior to the justification of the grant, obtaining other grants, aid, income or resources that fund the subsidized activities.
E) keep supporting documents for the application of funds received, while they may be subject to actions of verification and control.
F) The reimbursement of the funds received in the cases referred to in Article 20 of this order.
G) Accredit prior to issuance of the draft resolution concession it is up to date in fulfilling its tax and social security obligations.
3. Obligations in the case of individual grants:
A) Maintain in good condition or technical assistance necessary for the normal development of ordinary life that have been the subject of the grant and notify the awarding body any alteration of the circumstances that prevent or hinder their use instrument.
When, for any reason they could continue not fulfilling the purpose or destination that led to the granting of financial aid, if it has been less than 4 years since the recognition and they had borne entirely subsidized amount, shall be made available the granting body within a period not exceeding 3 months computed from the triggering event occurred.
The awarding body, in this case, they must agree and notify within a maximum period of one month, the apprehension thereof, having the beneficiary the duty of safekeeping until they are withdrawn; not to rule the awarding body within this period, it is understood that the beneficiary, his legal representative or guardian may freely dispose of them.
Accreditation and communication transmission and transfer of use of technical assistance or instrument to entities and non-governmental organizations with statutory powers of social action, which are legally constituted, duly registered in the corresponding Administrative Register and have scope in the Cities of Ceuta or Melilla, as appropriate, replace the obligation of making available to the awarding body, but not the communication of changes.
In that case, the entity or nongovernmental organization tacitly
Will be subrogated to the rights and obligations of / the beneficiary / a until it takes effect free transmission to a third party that requires its use.
B) not make any legal transaction involving alienation or encumbrance of the property subject of the grant, except as provided in subparagraph a) above.
In the event that economic aid was intended to make work in the home of the beneficiary / a, it will be understood that they are incorporated therein.
If a change of beneficiary / home occurs, you can not request a new financial assistance to facilitate accessibility or condition the new home, unless it is proven the need for change of address.
4. Obligations in the course of the entities and non-governmental organizations:
A) Manage and directly those activities that constitute the main content of the programs for applying for grants, except for those activities that, by their very nature, and by mediating an authorization shall always be outsourced, without the percentage may not exceed 30 percent of the amount of subsidized program. Subcontracting shall comply with the provisions of article 29 of Law 38/2003 of November 17 and Article 68 of the Regulations of the General Subsidies Act.
B) Enter the total amount of the grant in a bank account opened solely for income and payments under the grant received.
C) Beneficiaries must publicize the grants received under the terms and conditions established in the Law 19/2013, of December 9, transparency, access to public information and good governance.
Should also give adequate publicity about the public nature of funding programs, activities, investments or actions of any kind that are being subsidized, for it will incorporate so visible in the material used for the dissemination of subsidized programs, the logo that identifies the origin of the subsidy as the model to be established in the call.
D) Having signed insurance and sickness and accident liability in favor of voluntary personnel participating in subsidized programs, as required in Articles 6.d.) and 10 of Law 6/1996, of January 15, Volunteer.
E) Have the books, records filled out, documentary support of the activities and other documents duly audited in the terms required by the applicable commercial and sector legislation, in order to ensure the proper exercise of the powers of verification and control.
F) Any revenue generated by the subsidized programs or other financial returns generated by funds paid to the beneficiaries, increase the amount of the grant and will apply to the subsidized activity. Not apply to the case above, the competent body to resolve the request for amendment, as provided for in Article 15 of this order, a proposal by the beneficiary of the subsidy, you may authorize its application to other social purposes specified in the same call, being from the return in any other case.
G) Informing the awarding body produced any variation from the date of submission, in the statutes or in the composition of the Board or governing body of the NGO or subsidized entity, bringing their registration corresponding.
H) To present a new memory of subsidized programs adapted to the content of the award decision, if the licensing authority so requests.
Article 17. justification of the costs.
The / as beneficiaries / as subsidies, are obliged to justify the expenses charged to the grants awarded, within one month from the date of the deadline for completion of the activity, in accordance with the provisions of the Regulations of the General subsidies Act, and requirements for that purpose make the body awarding grants, as follows:
1. Supporting documentation of expenditures under the grant will be presented for each of the activities, services or subsidized programs.
2. In general, the documents of grants must meet the following requirements:
Invoices and other documents of probative value:
A) contain extended on behalf of the individual or entity percipient of the grant, specifying in detail the material supplied or the service provided. In the case of collective invoices corresponding certification of the entity in which the name of users and their contractual relationship with the entity and the subsidized program will be presented.
B) both invoices and other documents of probative value must include:
- Invoice number.
- Sender identification data (name, corporate name of the consignor, NIF and address).
- Recipient identification data (name, ID number, address). In the case of entities benefiting from these grants, invoices will reflect the name of the grantee, its headquarters and its NIF.
- Detailed description and unit price of the transaction and the total consideration. It should be reflected in the VAT and the corresponding fee or IPSI you.
- Place and date of issue (at this point, will require the issuance date is within the period specified in the rules governing the award).
- Also it will be required to figure the bill receipted (signature and stamp of the issuing it).
transfer, check (indicating the number) or cash:
c) the payment of the invoice shall be indicated. In the latter case, and if not included in the received invoice, receipt certifying the issuer of the invoice of the total consideration will be presented. Checks should always be nominative.
D) tickets issued by cash registers will also be admitted provided they meet the following requirements: object or service provided, date and number, DNI or NIF consignor and VAT rate or IPSI applied.
In all cases, retention must be justified and income, the Delegation of the State Agency of the Tax Administration of the quantities for earned income, earned income or income from the lease or sublease of property urban, under the terms established in the regulations of Income Tax of Individuals.
Similarly, in cases of labor remuneration of contract staff must demonstrate income of contributions in the General Treasury of the Social Security.
They will be eligible, as set out in Article 31.1 of Law 38/2003 of 17 November, the expenses, has a clear, responsive to the nature of the subsidized activity, carried out in the year of the call and effectively paid prior to the deadline for justification set out in the first paragraph of Article 17 of this order. In any case the cost of these costs may be higher than the market value.
3. The expenditure is justified by original invoices and other documents with equivalent probative value valid in legal commercial traffic or administrative efficiency, in original or certified copy, as expressed in Article 73.1 of the Regulations of the General Subsidies Act.
4. In the case of execution of works or supply of goods or services by consulting or technical assistance, will be subject to the provisions of Article 31.3 of Law 38/2003 of 17 November.
5. They may be justified under the grant received expenses, if any, have been made prior to the publication of the notice and within the period specified therein, provided that they relate to actual costs of the activities included in the programs subsidized. In the event that programs are continuity, they shall be accepted only under the subsidy costs incurred from the date of completion of the actual implementation of programs funded in the previous call.
6. Revenues and financial returns to those referred to in Article 16.4.f) of this order shall be justified indicating the subsidized programs that have been charged.
7. When individual grants, or grants to entities and non-governmental organizations have been funded, in addition to grants under the calls that are made in accordance with this order, with their own funds or with other subsidies or resources granted by other administrations or public or private, national or international bodies, it must be accredited in justification, the amount, the origin and application of such funds to the subsidized activities.
8. In the case of individual simultaneously to the justification of expenditure subsidies must be provided the building permit City Council, when it is necessary for the works to facilitate accessibility and home adaptations subsidized. Failure to provide such license shall be sufficient to initiate proceedings for reinstatement after the request thereof that is not attended cause.
9. In the case of entities and non-governmental organizations care for the elderly and people with disabilities, beneficiaries of grants, such justification must be accompanied by a list of supporting documents for each of the types of expenses that includes the subsidized program, such as:
A) Personnel assigned to the subsidized program: Their remuneration shall not exceed the ceiling established for each group, in the current collective bargaining agreement for the workforce of the General State Administration, save that the direct application of another agreement the collective sector. The rationale includes the following documents:
- Contract work.
- Payrolls signed by each worker.
- Documents TC1 and TC2, supporting income or contributions to Social Security and, where appropriate, TC2 / 1 or TC2 / 2 (EC) bonus.
- Forms 111 and 190 of income tax deduction.
- Copy of the collective agreement apply, if any.
B) Voluntary Personal: They are including expenses incurred in the exercise of their voluntary activity, according to Law 6/1996 of 15 January. expenditure on compulsory insurance liability of such personnel are also included. They are not included among the expenses to subsidize bonuses to volunteers. The justification shall include the following documents:
- Policy and receipt of accident insurance, sickness and liability, signed by the entity in favor of voluntary personnel participating in subsidized programs.
- Nominal list stating the number of the ID of this staff.
C) Expenses derived from sporadic collaborations: They are lent by professionals, understanding them as a point participation in carrying out any of the activities of the program that is not prolonged in time.
If the activity does not require high on the registration of business tax, or the formalization of written contract, will be presented:
- Receipt of the amount due, dated and signed by the recipient, which must include the name and NIF of the recipient; professional category and cooperation extended period of time accrued; and total amount withheld by the income tax.
- Forms 111 and 190 of income from income tax deductions.
No expenses incurred by members of the Board or Board of entities from the development of this function may be included in this concept.
Expenditure on the mandatory settlement include In the case of layoffs; not expenses incurred for attendance of lawyers or compensation to meet.
D) Expenses diets: The maximum amount of each diet or travel expenses will be established for staff IMSERSO (group 2 staff officer of the Administration) or, where appropriate, in the collective agreement for the sector for be applicable to them.
E) Accommodation costs: They will be supported by corresponding invoice issued by the hotel establishment. the extra costs of telephone, minibar shall not be taken into account in the justification, etc. The invoices or receipts must contain at least the following information:
- Name, ID number and address, stamp, customer name, number of rooms, unit price and total amount of the invoice.
- Settlement of VAT or, where appropriate, IPSI, date received and signature of the establishment.
F) Travel expenses: They will be supported by the appropriate means of transport tickets. When using the services of a travel agency, the bill that justifies the expense displacement must specify the number of people and length of stay, as well as concepts object of expenditure, with unit prices.
Costs taxi fares, documented by a receipt, only admissible if made to correspond to or from railway stations, buses, ports and airports, unless justified by the institution of the need for its use. These receipts must be completed in full, indicating the service performed, the date, the amount and the name of the user.
10. If after the term of justification, the beneficiary of the grant had not submitted the documents, you will be required to make contributions within fifteen days can not be extended, stating that, after the same without addressing the requirement, you shall be breached the obligation to justify, with the consequences set out in Article 70.3 of the Regulations of the General Subsidies Act.
11. In the procedures of justification of subsidies may be used when this is provided for in the call, electronic, computer and telematic media. For the purposes of the procedures that can be performed by these means, it will be governed by the provisions of Order EHA / 2261/2007 of 17 July, that the use of electronic, computer and telematic means is regulated in justification subsidies.
simplified justificatory account.
1. According to the provisions of Article 75 of the Regulations of the General Subsidies Act they are considered documents with legal validity for the justification of subsidies to entities and non-governmental organizations, for less than 60,000 euros, the explanatory account simplified, containing the following information:
A) A performance memory supporting compliance with the conditions imposed in the grant award, indicating the activities carried out and the results obtained.
B) A classified expenditure and investment activity, identifying the creditor and the document, amount, date of issue and, where appropriate, payment date relationship. If the grant is awarded under an estimated budget, they indicate the deviations occurred.
C) A breakdown of other income or subsidies that have financed the subsidized activity indicating the amount and origin.
D) If applicable, repayment payment letter assuming remaining unapplied and interest derivatives thereof.
2. The awarding body check, according to random sampling, supporting documents and / as beneficiaries / as it deems appropriate, that allow obtain reasonable assurance on the proper application of the subsidy, for which purpose may require the remission of selected documents spending.
Article 19. Responsibility and sanctions.
The beneficiaries of grants under this order, shall be subject to the responsibilities and penalty system on administrative offenses subsidy, set the Title IV of Law 38/2003 of November 17 and Regulation General Subsidies Act. They will also be subject to the provisions of Title IX of Law 30/1992 of 26 November and Royal Decree 1398/1993, of 4 August, approving the Rules of procedure adopted for the exercise of sanctioning powers.
Article 20. Refunds and defaults.
1. It shall reimbursement of the amounts received and, where appropriate, of the revenue generated by the programs and accrued interest subsidy and the requirement of interest corresponding delay from the time of payment of the grant until the date of remember the source of repayment, in accordance with the provisions of articles 37 and 38 of Law 38/2003 of 17 November, and also in the following cases:
A) Obtaining the grant falsifying the conditions required or hiding those that would have prevented.
B) total or partial failure of the objective of the activity, project or non-adoption of behavior underlying the grant award.
C) Failure to justify, or insufficient justification, in the terms set out in Article 30 of Law 38/2003 of November 17 and Articles 17, 18 and 19 of this order and in the corresponding call.
For this purpose shall mean failure, among others, the existence of a grant remaining uninvested destination or program without just cause. Also, it is deemed to have been failure within the meaning of the source of repayment, in cases where it had withheld payment of the subsidy as a result of a court order, arising from seizure of sums from the grant.
D) Failure to give adequate publicity about the public nature of the program's funding, investments or actions of any subject of the grant, under the terms established in Article 16.4.c) of this Order and failure to adopt the alternative measures proposed by the Administration and under Article 31.3 of the Regulations of the General Subsidies Act.
E) Failure to comply with the conditions imposed on the beneficiaries and the commitments made by them in connection with the award of the grant.
For this purpose shall mean failure, among others, the implementation of the subsidy expenditure items other than those that were established without authorization by the awarding body. Furthermore, the breach of the obligation of destination, transfer or encumbrance of the property subject of the grant, will cause withdrawal; and the omission of the provisions of Article 16.3.a) of this order.
F) Resistance, excuse, obstruction or refusal to actions of verification and financial control under the Law 38/2003 of November 17 and Article 16 of this order, and breach of accounting obligations , registry or recordkeeping when it impossible to verify the use made of the funds received, meeting the target, the realization and regularity of the activities subsidized or the concurrence of subsidies, grants, income or resources financing arising the subsidized activities, from any government or public or private entities, national, European Union or other international bodies, in cases of incompatibility.
G) In the case referred to in Article 15.6 of this order, it shall reimburse the excess obtained over the cost of the activity and the corresponding delay interest.
2. The procedure for reimbursement shall be governed by the provisions of Articles 41 to 43 of Law 38/2003 of November 17, Chapter II of Title III of the Regulations of the General Subsidies Act, Title VI of Law 30 / 1992 of 26 November and by the provisions of this order, being responsible for processing and resolution the following organs:
A) For initiation, management and instruction, management units convening body of subsidy in Ceuta and Melilla.
B) the resolution of the grant awarding body.
Declarative infringement procedure and source of repayment will start officially at the initiative of the competent body, after reviewing the supporting documentation of expenditure of the grant and not found complete and in conformity in whole or in part, or upon detection of any remaining causes of reimbursement.
Also shall the initiation of the procedure as a result of a higher order, reasoned request of other bodies that have or unvested inspection powers in the matter, or the formulation of a complaint. He also starts as a result of the report of financial control that can make the responsible supervisory bodies.
Communications of the beneficiary, provided for in Article 15 of this order may be cause to initiate the procedure for reinstatement.
In the proceedings will be guaranteed in any case, the right to a hearing in the manner prescribed in Article 97 of the Regulations of the General Subsidies Act.
The maximum period to resolve and notify the resolution of the refund procedure shall be twelve months from the date of initiation agreement. This period may be suspended and extended in accordance with the provisions of Article 42.5 and 6 of Law 30/1992 of 26 November. Spending the time to resolve without having notified express resolution, the expiration of the procedure will be without prejudice to continue the proceedings until completion deemed without prescription interrupted by the actions carried out until the end of that period.
Default Resolution Declarative and provenance of the refund shall terminate the administrative proceedings may be brought against the same application for reconsideration, within one month, before the same body that issued or be challenged directly to the contentious administrative order, in the manner and time provided by the law governing such jurisdiction.
Resolution will be issued declaring terminate the proceedings and the proceedings will be filed if the recipient voluntarily reinstate the application amounts to appreciate incorrect, and so accredits at any time during the proceedings before the grant awarding body, before it dictate the default declaratory relief and reimbursement of origin.
If the procedure had been initiated as a result of events that could constitute an administrative offense shall be notified to the competent body for initiation of appropriate disciplinary proceedings.
3. Where compliance by the beneficiary approaches significantly to full compliance and is credited by it a performance unequivocally aimed at meeting their commitments, the amount to be refunded will be determined in response to the criterion of proportionality, by the volume and degree of noncompliance the conditions imposed in connection with the award of the grant.
4. The amounts to be refunded will be considered income of public law, resulting from application for collection the provisions of Law 47/2003, of November 26, General Budget.
Will be given media publicity available in the calls for grants for the beneficiary to make the voluntary return of the grant, in accordance with the provisions of Article 90 of the Regulations of the General Subsidies Act.
5. The interest applicable delay subsidy will be the legal interest increased by 25 percent, unless the Law on State Budget set a different one, and this in conformity with the provisions of Article 38.2 of the Law 38 / 2003 of 17 November.
Single derogatory provision. Repeal legislation.
1. Order TAS / 1655/2007 is repealed from 1 June establishing the regulatory basis for awarding grants for the disabled and the elderly are established within the remit of the Institute for the Elderly and Social Services, to except for the regulations regarding state centers for people with disabilities whose ownership corresponds to IMSERSO.
2. Order TAS / 3/2008 is repealed from 9 January, by which the regulatory bases for the granting of personal grants to residents of Ceuta and Melilla are established to facilitate personal autonomy through financial aid for the purchase of aids techniques and realization of works of accessibility and adaptations to the home, the Institute for the Elderly and Social Services.
3. Any provisions of equal or lower rank are repealed oppose the provisions of this order.
First final provision. competential title.
This order is issued pursuant to the provisions of Article 149.1.17ª of the Constitution, which grants the State exclusive jurisdiction over basic legislation and financial system of Social Security.
Second final provision. supplementary law.
In matters not covered by this order shall apply supplementally the provisions of Law 38/2003 of November 17, General Grant, Royal Decree 887/2006 of 21 July, laying approves the Regulations of the General Subsidies Law and Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure and any other provision of law which by their nature may be applicable.
Final disposition third. Entry into force.
This order shall come into force on the day following its publication in the "Official Gazette" day.
Madrid, March 9, 2015-The Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.
Types of grants
1. Individual grants
A) Individual Grants for Children:
1st Grants for rehabilitation.
1.1 Functional medical recovery:
• Occupational therapy.
• orthoprosthetic Medicine: Includes the acquisition or renewal of glasses or contact lenses and dentures.
1.2 Cognitive rehabilitation.
2nd Grants for specialized care.
2.1 Home Care
• Adaptation and functional home repair.
2.2 Mobility and communication
• Increased capacity displacement: Acquisition of wheelchairs within those contained in the letter c) of this paragraph (individual grants for people in situations of dependency).
• Elimination of architectural barriers.
B) Individual grants for people with disabilities:
1st Grants for rehabilitation.
1.1 Early Warning
• Speech therapy.
1.2 Functional medical
• Occupational therapy.
• Prosthetic ortho Medicine: Includes the acquisition or renewal of glasses or contact lenses and dentures.
1.3 Functional psychological recovery
• Speech therapy.
• psychoeducational intervention.
• Psychological intervention.
• psycho-educational materials prescribed in support intervention programs.
2nd Grants for specialized care.
2.1 Personal Care:
A) support: Includes food procurement services for special diets.
B) personal development.
2.2 Home Care
A) Temporary Provision of personal services: Includes services of laundry, personal hygiene (daily service) and the temporary replacement of relatives.
B) permanent personal services: it includes the annual provision of services mentioned in the previous paragraph, except the temporary replacement of relatives.
C) Adaptation and functional home repair.
2.3 Nursing home care
A) In residential centers for elderly or disabled people.
B) Occupational Care Centers.
care in private centers concerted Specialized Care:
• In half board.
2.5 Mobility and communication
• Increased capacity displacement: Acquisition of wheelchairs, within those contained in the letter c) of this paragraph (individual grants for people in situations of dependency).
• Adaptation of motor vehicles.
• Elimination of architectural barriers in the home.
• Strengthening of relations with the environment.
• Acquisition of technical resources in accordance with the letter c) of this paragraph (individual grants for people in situations of dependency).
3rd supplementary grants.
A) Transport for rehabilitation and specialized care.
B) Special transport.
A) Individual Grants food centers.
B) Individual grants for food in specific cases.
Temporary Residence 3.3
A) Grants residence centers, including dining.
B) Grants residence in individual cases.
4.º Grants for professional activities.
• Professional Recovery.
C) Individual Grants for people in situations of dependency:
1. Dispensers of medicines.
2. Cushions, mattresses, and equipment for pressure ulcer prevention.
3. Standing devices and appliances verticalization.
4. Tilting planes.
5. orthopedic footwear manufactured industrially.
6. As orthopedic footwear.
7. Protective aids used on the body.
8. Aids for dressing and undressing.
9. Aids for toileting (evacuation), including special toilets, adaptations to the toilet, portable toilets and commode chairs.
10. Aid for washing, bathing and showering, including special baths and bath seats and chairs and shower.
11. Walking aids managed by an arm (canes and crutches).
12. Walking aids handled by both arms (walkers).
13. Accessories for walking aids.
14. Adaptations for automobiles.
15. Motorcycles and mopeds special: Motorcycle 3 and 4 wheels
16. Controlled wheelchairs and strollers assistant children.
17. Wheel chairs bimanual driven by the rear wheels.
18. Wheelchairs with electric motor and manual steering.
19. Wheelchairs with electric motor and electric steering.
20. Accessories for wheelchairs.
21. Transfer aids: tables, mats, disks, etc.
22. Helps to rotate.
23. Aids for lifting and transfer: derricks, wheels and accessories and manual transfer seats.
24. Orientation aids, including touch canes and electronic aids.
25. Aids for preparing food and drink.
26. Grants for manually washing dishes.
27. Helps to eat and drink including cutlery, glasses and special dishes.
28. Aids housecleaning.
30. Seating furniture, including chairs and special chairs and adaptations.
31. Beds, including special beds, accessories and adaptations.
32. Support devices for handling, setting and achieving objects and environmental control systems.
33. Handrails and guardrails.
34. Handrails and handholds support.
35. Armrest support.
36. Devices for opening and closing the doors, windows and curtains.
37. Lifting platforms and elevators for wheelchairs.
39. Tracked stair.
40. Portable ramps.
41. fixed ramps.
42. Aid for signaling and security alarms included.
43. optical aids.
44. electro-optical aids.
45. Computers, software and input devices and special outlet for computers and electronic equipment.
46. no optical aids for reading.
47. Assistive products for writing
48. Telephones and telephone aids.
49. Sound transmission systems.
50. Grants for face to face communication, including communicators.
51. Hearing aids.
52. Alternative reading materials.
53. Aids for recreation, including games, toys and sport adapted.
2. Grants for entities and non-governmental organizations
1. Maintenance of facilities and services:
A) operation of centers and services.
B) Training and retraining of personnel.
2. Promotion and support of activities of social, cultural, educational and informative attention directed to the collective and executed directly by the entity.
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