According to the provisions of Article 149.1.1. of the Spanish Constitution, the State has jurisdiction over the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of the rights and in the fulfilment of constitutional duties.

The objective pursued by the General Administration of the State with the subsidies regulated in this order of bases is the achievement of the equality of the citizens in the social policies, promoting the conditions and removing obstacles, as set out in Articles 1.1 and 9.2 of the Spanish Constitution, to ensure that equality is effective. In the light of the constraints on the available resources which respect the requirements of budgetary stability, the action of the General Administration of the State cannot be abolished if it is to be taken into account. It takes into account that effective equality in the exercise of social rights requires the use of efficiency and economic criteria in the programming and implementation of public expenditure (Article 31.2 of the Constitution), which advise the Administration that is best available, for the competencies it has constitutionally attributed as a guarantor of equality, its achievement in the field of social policies.

It is essential, in accordance with the judgment of the Constitutional Court 146/1986, of 25 November, which sets out the doctrine of judgment 95/1986, to carry out centralised management in order to guarantee the equality of the potential recipients throughout the national territory.

In the same way, the Constitutional Court itself in its 56/1986 judgment, of 13 May, states that the State cannot be deprived of the exercise of its exclusive powers by the existence of a competition, but also is exclusive to an Autonomous Community, as already stated in its judgment in 1/1982 of 28 January.

Effectively, the achievement of the general interest of the Nation, and of those of a supracomunitary character, is entrusted to the General Bodies of the State, according to the judgment, also of the Constitutional Court, 42/1981, of 22 of December, which refers to the powers reserved to the State in Article 149 of the Constitution.

Precisely, on this Article 149, the Constitutional Court in its judgment 239/2002 of 11 December, with a mention of 61/1987, of 20 March, points out that, by its content, the State is allowed to regulate the basic conditions to ensure equality.

And, more recently, the judgment of the Constitutional Court 46/2007, of March 1, says, on the concurrence of powers, that the general interest will be the prevalent title that will determine the preferential application of a State competence to the detriment of the Autonomous Community.

The actions to be carried out under these grants must be supra-territorial in nature that do not admit to being territorialized, so their centralized regulation and management are essential.

This department, pursuant to the provisions of the Royal Decree 200/2012 of 23 January, for which the basic organic structure of the Ministry of Health, Social Services and Equality is developed, has been allocated among its functions, the articulation of the participation of the General Administration of the State in the System for Autonomy and Attention to Dependence, in the terms provided for in Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Attention to Persons in the Situation of Dependence; Promotion of Social Services and Promotion cooperation with non-governmental organizations and the promotion of social volunteering, in the field of constitutionally reserved powers to the State; the protection and promotion of families and children and the prevention of situations of need in which these collectives may incur, in the field of constitutionally reserved powers to the State; the attention and support of persons with disabilities, in the field of constitutionally the exercise of the protection of the State over the care entities outside the State the administration, without prejudice to the functions of the Secretariat on the protectorate of foundations; the promotion of policies of equality, non-discrimination and universal accessibility in the field of their competences, the promotion of policies to reduce the demand for drug use and prevention, treatment, rehabilitation and harm reduction programmes in the field of drug addiction and the monitoring of the control systems of international programmes in youth issues.

The Secretariat of State for Social Services and Equality also has functions on the programs corresponding to the National Plan of Action for Social Inclusion in the Kingdom of Spain, as well as the Strategy State of the Volunteering, the Plan of Action for Persons with Disabilities, the National Accessibility Plan, the National Strategic Plan for Children and Adolescents, and the Strategic Plan for Equal Opportunities.

The priorities to be taken into account in the various calls for the award of grants are set out in the various lines of action set out in the Framework Agreement signed on 18 October. 2006 by the then Ministry of Labour and Social Affairs and the Third Sector of Social Action for the development of programmes of social interest.

To be able to meet these goals, the General Budget of the State will indicate the appropriate appropriations.

This order of regulatory bases for the grant of grants is adapted to the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; as well as the provisions of Law 38/2003, of 17 November, General of Grants and of Royal Decree 887/2006, of 21 July, for which the Regulation of the General Law of Grants is approved.

In the processing of this provision they have issued a report prior to State Advocacy and the Delegation of the General Intervention of the State Administration in the Department.

This order is issued in accordance with the provisions of Article 17 of Law 38/2003 of 17 November.

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

Article 1. Scope and object scope.

This order establishes the regulatory basis for the granting of grants under the general scheme of grants from the Secretary of State for Social Services and Equality.

The object of these grants will be the realization of state actions aimed at supporting the associative and foundational movement of the state of the people and the collectives that are in situation or at risk of social exclusion, people with disabilities, families, children, gypsy people and volunteers, and those others who, in short, are heading for the strengthening of the Third Sector of Social Action.

Article 2. Calls.

The corresponding calls will be made on the basis of competitive competition, in accordance with the provisions of Articles 22.1 and 23.2 of Law 38/2003 of 17 November, by Resolutions of the Secretariat of State of Social Services and Equality. Such calls shall determine the budgetary appropriations to which the corresponding grants are to be charged and shall contain the actions to be supported, their prescriptions, requirements and priorities, and may determine the maximum ceilings for grants to be awarded, depending on the nature, characteristics and degree of social implementation of the applicant organisations and organisations.

The resolutions in which the calls are made shall contain the description of the logo of the convening body and shall be published in the "Official State Gazette".

If, once the grants are awarded, credit remains will be available, new calls may be made.

Article 3. Applicant entities and organisations.

The status of beneficiary of the regulated grants may be accessed in this order by non-governmental entities or organizations that meet the following requirements:

(a) To be legally constituted and duly registered in the corresponding Administrative Registry of State-wide entities to the date of publication of the call.

b) Profit for profit. For these purposes, non-profit entities shall also be considered to be engaged in activities of a commercial nature, provided that the profits resulting therefrom are fully invested in the performance of their business. institutional, non-commercial.

(c) Those who are specifically determined in the decisions of convocation, in relation to the purposes of the grants called, the own of the applicant entities and organizations established in their Statutes. In any event, the applicant organisations or entities shall have as their primary institutional purpose the carrying out of the activities referred to in the respective call resolutions, except in the case of persons with disability, which must be dedicated, in accordance with its statutory rules, on a sole and regular basis for the performance of activities in favour of persons with disabilities.

d) Halting to the current in compliance with tax obligations and in the face of Social Security.

e) There should be sufficient justification for the economic aid received prior to the then Ministry of Health, Social Policy and Equality, Ministry of Health and Social Policy, Ministry of Education, Social policy and Sport and Ministry of Labour and Social Affairs, formerly Ministry of Social Affairs.

f) Dispose of the structure and capacity sufficient to ensure the fulfillment of the objectives, crediting the operational experience necessary for this.

Not included within the typology of these non-governmental organizations are the legal entities of public law, the universities, the political parties, the professional associations, the civil societies and the other entities with similar purposes and nature as those mentioned above.

The entities in which one of the circumstances contained in Article 13 (2) and 3 (3) of Law 38/2003 of 17 November shall not be eligible for the regulated grants shall not be eligible.

Article 4. Competent bodies for the management and instruction of the procedure.

1. They shall be competent bodies for the organisation and instruction of the procedure:

a) The General Directorate of Family and Children's Services for grants to the areas of Social Services, Families and Children.

b) The General Directorate of Disability Support Policies for grants to Persons with Disabilities.

According to the provisions of Article 24 of Law 38/2003 of 17 November, it is up to the aforementioned Directorates-General to carry out, on its own initiative, how many actions they deem necessary for the determination, knowledge and verification of the data under which the decision is to be taken.

In particular, they will have the following attributions:

Request how many reports it deems necessary to resolve and those required by the rules governing the grant, as outlined in Article 8.

Formulate the motion for a resolution referred to in Article 9 (1) of this order.

2. The collegiate body referred to in Article 22.1 of Law 38/2003 of 17 November is the Evaluation Committees set up in the Directorate-General for Family and Children's Services, and in the Directorate General for Support Policies. to Disability.

The head of each of the Directorates-General shall preside over the corresponding Evaluation Committee, and shall form part of each of them three vowels appointed by the President and a vowel appointed by the Office. Secretary of State for Social Services and Equality. He/she shall act as the Secretary/an official of the respective Directorate-General, designated by the President of the Evaluation Commission. That body shall issue a report setting out the outcome of the assessment carried out.

When deemed necessary by the President, they may be incorporated into the Commission, with a voice but without a vote, officials from the Centers or Units of the Department with competence in the areas to be affected by the assessment.

The Evaluation Commissions will, through their respective instructors, formulate the proposal for the award of grants.

As not provided for in this order, the functioning of the collegiate body shall be in accordance with the arrangements laid down for the collective bodies in Chapter II of Title II of Law 30/1992 of 26 November.

Article 5. Error request, memory, documentation, and subhealing.

1. Request.

1.1 Model and submission of applications: Grant applications will be formalized in a single instance model, which is listed as Annex I to this order, and all actions for the applications must be related to the the entity applies for the grant.

The printed models may be collected at the headquarters of the Ministry of Health, Social Services and Equality, Paseo del Prado, numbers 18-20, 28071 Madrid, as well as in the Government Delegations or Subdelegations.

There is also a computer application for the completion of the grant application, which can be accessed on the website whose address is www.msssi.gob.es.

Applications addressed to the Secretary of State for Social Services and Equality may be filed in the offices and addresses referred to in the second paragraph of this paragraph, as well as in the records and offices to which refers to Article 38.4 of Law 30/1992 of 26 November.

The application may also be made by electronic means, in accordance with Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services.

1.2 Deadline for submission: The deadline for submission shall be 30 calendar days from the day following that of the publication in the "Official State Gazette" of the corresponding calls.

2. Memories.

2.1 The application must be accompanied by an explanatory memorandum of the applicant entity's substantial characteristics, as well as another memory for each of the actions for which the grant is requested. Such memories shall be formalised in the models which are attached as Annexes II and III to this order and which may be collected in the places provided for in paragraph 1.1 of this Article.

2.2 The specific requirements of the actions set out in Annexes I to the respective Call Resolutions which are not accredited through the documentation referred to in paragraph 3 (f) of the This Article, as well as the data not completed in the models referred to in the previous paragraph, shall not be taken into account for the purpose of their assessment.

3. Documentation to be accompanied by the application and the memoirs: The application, in addition to the aforementioned memories, must be accompanied by the documents listed below, which must be original or photocopy of the documents.

(a) Proof of the applicant's personality, as well as the right to act in the name and representation of the applicant legal person.

It will not be necessary to present the proof of identity when the interested party expressly expresses his consent to have his data collected by the Steering Body Instructor, according to model facilitated by the same.

b) Tax ID card.

c) Statutes duly legalized.

(d) A document supporting the registration of the entity in the administrative register of State-level entities.

e) Certification in which the identification of the directors of the entity, members of its board of directors or management board, as well as the date of its appointment and choice. This certification shall demonstrate the presentation of such data in the relevant administrative register.

(f) Aquella which, if applicable, is expressly determined in the calls provided for in Article 2 of this order, in relation to the purposes and actions of the entities, places in which the entity has headquarters, or has carried out actions, and the nature of the actions to be supported.

g) Statement responsible for the legal representation of the requesting entity that the entity is aware of its tax and social security obligations, as set out in point 7 of Article 24 of the Royal Decree 887/2006, dated 21 July.

(h) Statement responsible for the legal representation of the requesting entity that the entity is current in the payment of obligations for reimbursement of grants, as provided for in Article 25 of Royal Decree 887/2006, of 21 July.

i) Statement responsible for the legal representation of the applicant Entity that the entity is not involved in the prohibitions in order to obtain the status of beneficiary of grants established in the Article 13 (2) and (3) of Law 38/2003 of 17 November.

The requesting entities and organizations shall accompany a copy of the original documents they provide, in order to be immediately returned to them by the registration offices, once the copy has been certified and joined to the corresponding application. In the event that the original documents are required to be provided, applicants shall be entitled to, at the time of their submission, duly completed with a stamp of the copy accompanying them.

It shall not be necessary to present the documents required in points 3, a), 3, e), where they have not undergone modification and are held by any organ of the Acting Administration, in which case the requesting entity may, in accordance with Article 35 (f) of Law 30/1992, be eligible for the application of Article 35 (f) of Law No 30/92 of 26 November 1992, provided that the date and the body or agency in which they were lodged or, where applicable, issued and where they are not more than five years after the completion of the procedure to which they correspond. In the case of material impossibility of obtaining the document, the competent body may require the requesting entity to submit, or in the absence thereof, the accreditation by other means of the requirements referred to in the document, with prior to the formulation of the motion for a resolution.

The verification of the existence of data not adjusted to the reality, both in the application and in the reports or in the documentation provided, may result, depending on its importance, the refusal of the grant requested, without prejudice to any remaining liabilities that may arise.

4. Error correction. -If the request for initiation did not meet the identification data, both of the grant requested and of the requesting entity and/or any of those provided for in Article 70 of Law 30/1992, of November 26, require the applicant organisation or organisation, in accordance with the provisions of Article 71.1 of the said law, to remedy, within a period of 10 working days, any misconduct or to accompany the required documents, indicating that it does not (i) shall, after notification of the decision to be taken by the European Parliament, make it be given in the terms of Article 42 of the same law.

Without prejudice to the foregoing, at any time, the requesting entity or organization may be urged to complete the necessary formalities, in accordance with the provisions of art. 76 of Law 30/1992, of 26 November, granting to that effect a period of ten working days from the day following that of the notification, with the express warning that, if not so, it may be declared decayed in its right to said procedure. However, the action of the person concerned shall be admissible and shall produce its legal effects, if it occurs before or within the day on which the decision on the expiry of the period is notified.

Article 6. Financing of the actions presented.

The applicant entities shall complete the paragraph referred to in the budget, which is contained in the report on each of the actions submitted, specifying the estimates of expenditure they deem necessary for the implementation of the different activities carried out by the content of the relevant action, differentiating between current expenditure and investment expenditure.

To this effect, they shall take into account that the current costs attributable to the grant are subject to the following limitations:

1. The remuneration of the workforce attributable to the grant will be limited by the amounts collected in the table below for the various social security contributions groups:

Group I: EUR 31,306.

Group II: EUR 25,045.

Group III: EUR 21,914.

Group IV: EUR 18,783.

Group V: 15,653 euros.

Group VI and VII: EUR 12,522.

Group VIII: € 10.435.

The amounts collected are referred to fourteen annual pages for a weekly day of forty hours.

For days less than forty hours the proportional calculation will be performed.

The remuneration will be added to the Social Security costs for the company and its total will be eligible expenditure for labour costs.

2. The remuneration of staff employed under the service lease scheme, which is always exceptional, shall be admissible only where, by reason of the special nature of the action, it is not the development of the specific activities in question by the staff subject to the current labour regulations. These remuneration will also be affected, in general, by the limitations set out in the previous paragraph, with exceptions being made for these limitations, by reason of the nature of the activity, in the Justification to be given for this purpose by the competent Steering Body.

3. The costs incurred by the activities carried out under the conditions of the members of the Boards of Directors or the Boards of Directors of the institutions shall not be imputed to the grant, except in the case of maintenance and operation of the and supporting the associative movement.

4. Travel allowances and travel expenses may be the subject of a grant in the amounts fixed for Group 2 by Royal Decree 462/2002 of 24 May, as provided for in the Manual of Instructions for Justification.

The grants will be compatible with other aid which has the same purpose, taking into account that the amount of the subsidy in no case may be such that, in isolation or in competition with other subsidies, aid, income or resources, exceeds the cost of the subsidised activity, as provided for in Article 19 (2) and (3) of Law 38/2003 of 17 November.

In the light of the nature of the activities, the beneficiary institution may carry out its subcontracting, providing authorization and without exceeding 50 per 100 of the amount of the action supported. Such subcontracting shall in any event be subject to the provisions of Article 29 of Law 38/2003 of 17 November and of Article 68 of Royal Decree 887/2006 of 21 July.

Article 7. Objective assessment criteria.

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 enlargement, the obligations to be contracted to the same, the objective assessment criteria to be taken into account shall be as follows:

1. Objective criteria for the assessment and weighting of the applicants:

a) Implementation: The implementation of the actions carried out by the entity, as well as the number of partners and affiliates, will be assessed.

The confederations, federations or similar groupings with integrated actions (maximum 20 points) will have a priority assessment.

(b) Antiquity: that the institution is constituted at least two years before the date of publication of the call, with the exception of the newly formed confederations and federations, which shall be composed of: mostly by federations or associations whose seniority is more than two years (maximum 3 points).

c) Specialization: That the specialization of the entity be accredited in the attention to the collective to which the actions are directed, or that it is constituted as an association of the collective itself to which it represents (maximum 10 points).

d) Structure and management capacity: that the structure of the entity be adequate to manage the activities provided for in the actions presented, having evaluation and quality systems that contribute to the achievement of the intended objectives (maximum 20 points).

e) External audit: It will be highly valued that the entity submits its management to periodic controls (maximum 5 points).

f) Budget and funding: The volume of the entity's budget in the last year, its equity, as well as the funding obtained from other institutions and their ability to mobilize resources from other entities will be valued. public and/or private, with the primary priority being those with a private funding capacity of at least 10 per 100 of their total revenue budget (maximum 20 points).

g) Social participation and volunteering: That the entity promotes participation and social mobilization. To count on a relevant number of volunteers for the development of their actions, prioritizing those that have a system of training of the volunteers and of incorporation of these/as to the activities of the institution (maximum 15 points).

h) Human resources equation (maximum of 15 points): The lines of action of the entity in the field of human resources management that are attached to the different programs will be valued, taking into account:

1. The nature, characteristics and duration of the recruitment of pre-existing and newly incorporated salaried staff.

2. The employment of persons with disabilities in the same way as the regulation of this matter by Law 13/1982, of April 7, of social integration of the disabled, and the Royal Decree 364/2005, of 8 April, for which the compliance is regulated (i) an alternative with an exceptional nature of the reserve quota in favour of workers with disabilities.

3. The employment of persons in a situation of social exclusion who are unemployed and registered in the Public Employment Services, with special difficulties for their integration into the labour market, as referred to in Article 2 (1) of Law 44/2007, of 13 December, for the regulation of the system of undertakings for insertion.

The employment of such persons shall also be assessed by those insertion undertakings in which the grant applicant entity has the consideration of the sponsoring entity.

4. The employment of women, young people and long-term unemployed.

(i) Compliance with the obligations arising from grants received from the Ministry: the accuracy of the performance of the obligations contracted with the then Ministry of Labour and Social Affairs will be assessed-before Ministry of Social Affairs, Ministry of Education, Social Policy and Sport, Ministry of Health and Social Policy and Ministry of Health, Social Policy and Equality, regarding grants awarded in previous calls.

When compliance is not total, taking into account the type of non-compliance that has occurred, it can be stopped for up to 7 points of the total score obtained by the entity.

2. Objective criteria for the assessment of actions:

The respective calls shall set out the objective criteria for the assessment of the actions for their purpose, nature and characteristics, as well as their weighting.

Article 8. Reports.

In order to facilitate the best evaluation of the applications, the corresponding Directorate General may require the requesting entities and organizations to extend the information contained in the reports, as well as to request the technical reports deemed necessary by the Management Bodies and Bodies which are competent for the matter.

The time limit for the issuance of the reports shall be ten working days, unless the corresponding Directorate-General, in accordance with the provisions of Article 24 (3) (a) of Law 38/2003 of 17 November, shall take account of the the characteristics of the requested report or the procedure itself, request that they be issued within a shorter or longer period, without the latter being able to exceed two months.

Article 9. Resolution.

1. Each Directorate-General, in the light of all the actions and reports of the respective collegiate bodies, shall make the appropriate motion for a resolution. in accordance with Article 24 (4) of Law 38/2003 of 17 November.

This proposal, as set out in Article 24 (4) of Law 38/2003 of 17 November, must express the relationship of the applicant entities for which the grant of the grant and its amount is proposed, specifying its assessment and the assessment criteria followed to carry out the assessment.

For the determination of the individual amount of the grant, account shall be taken of the characteristics of the applicant entities and of the actions submitted that are relevant for the grant to be met. appropriately its purpose.

2. The Secretary of State for Social Services and Equality, by delegation of the Minister, in accordance with Order SAS/3547/2009 of 28 December, which delegates and approves the delegations of the exercise of powers in the bodies The administrative authorities of the Ministry of Health and Social Policy and its dependent public bodies, and after audit of the dossiers, when required, shall decide on the granting procedure within a period of 15 days from the date of elevation of the motion for a resolution.

The resolutions shall be reasoned, in any event the basis of the resolution adopted, in accordance with the provisions of Article 25 (2) of Law 38/2003 of 17 November, shall be accredited.

Resolutions shall be issued and notified to the applicants within the maximum period of six months from the date of publication of the respective calls, as provided for in Articles 25.4 and 26 of that law. Exceptionally, an extension of the maximum time limit for resolution and notification, in the terms and limitations laid down in Article 42.6 of Law No 30/1992 of 26 November 1992, may be agreed upon, applicant entities.

If, within five days, from the date of notification of the granting decision, the subsidy is waived by one of the beneficiaries, the granting authority will agree to grant the grant in favour of the grant. applicant or the following applicants in order to score the performances, provided that the credit released is sufficient.

The resolutions will end the administrative route, with the possibility of filing against the same powers of replacement to the Secretariat of State of Social Services and Equality within one month, to count from the day following that of the notification of the judgment, or be directly challenged before the judicial-administrative judicial order in the form and time provided for in Article 46 of Law 29/1998, of July 13, regulator of the Jurisdiction Administrative-litigation.

After the maximum period established without having been given and notified express resolution, the request for administrative silence may be understood to be dismissed, in accordance with the provisions of Article 25.5 of Law 38/2003, of 17 November.

The grants awarded will be made public in the Official State Gazette, in the terms set out in Article 30 of Royal Decree 887/2006, of July 21.

The grant of a grant under this order does not entail any obligation, on the part of the Ministry of Health, Social Services and Equality, to award grants in the following financial years for similar actions.

Article 10. Payment of the grant.

The subsidised entities must credit prior to the collection of the grant, in accordance with the provisions of Article 34.5 of Law 38/2003 of 17 November, which are in the current of their tax obligations. and with Social Security, as well as in the payment of reimbursement obligations, in accordance with Article 5 (3) (g) and (h) of this order.

If, by reason of the nature of the activities that make up the supported action, its subcontracting would have been authorized, it will be provided supporting documentation of the specialization of the entity with which the (a) to carry out the activities, in the subject matter of such recruitment, and to ensure that the entity is aware of its tax obligations and the social security. In addition, it must be credited, by means of a statement responsible for the person who has the legal representation of the entity with whom the activity has been contracted or to be contracted, that the other prohibitions are not incurred. in order to obtain the status of a beneficiary of subsidies provided for in Article 13 of Law 38/2003 of 17 November, and which does not contain any of the causes referred to in Article 29.7 (b), (c), (d) and (e) of that text legal.

In addition, when the actions have been implemented or the intervention of voluntary personnel is foreseen, they will have to prove that they have an insurance policy for accidents and illness and for civil liability to of this staff. They must also have sufficiently justified the economic aid received prior to the then Ministries of Labour and Social Affairs-formerly the Ministry of Social Affairs-Education, Social Policy and Sport, Ministry of Social Affairs. Health and Social Policy and the Ministry of Health, Social Policy and Equality.

The payment of the grant will be made in a single period and by bank transfer, to the effect that the entity will have to be recognized, previously, a bank account with the General Secretariat of the Treasury and Policy Financial.

This payment shall be in advance in accordance with the provisions of Article 34.4 of Law 38/2003 of 17 November.

Article 11. Modifications to the grant resolution.

Any alteration of the conditions under consideration for the grant of the grant and, in any event, the concurrent obtaining of other grants, aid, income or resources for the same purpose, from any National, public or private authorities or authorities of the European Union or international bodies may give rise to the amendment of the decision to grant, in accordance with the provisions of Article 19 (4) of Law 38/2003, of 17 November.

The subsidised entities or organisations may request, on an exceptional basis, the modification of the content of the supported action, as well as the form and time-limits for their implementation and justification of the actions. corresponding expenditure, where circumstances arise which alter or hinder the development of the performance, and may be authorised provided they do not damage third-party rights.

The requests for modification must sufficiently substantiate such alteration or difficulty and must be made immediately to the appearance of the circumstances justifying them and, in any case, before the the time when the time limit for the implementation of the subsidised action is completed.

The requesting entities or organisations shall be informed of the date on which the application has entered the Register of the respective Authority, from which the calculation of the time limit for resolution is initiated, by means of communication to be addressed to them by the Organs, in accordance with the provisions of Article 42.4 of Law 30/1992 of 26 November.

The resolutions of the requests for modification shall be made by the Secretary of State for Social Services and Equality, and shall be notified within the maximum period of three months from the date of filing of the requests for amendment. Register. Such decisions shall bring an end to the administrative procedure, and may be brought against them for replacement of the administrative authority within one month from the day following that of the notification of the resolution, or be directly challenged before the judicial-administrative jurisdictional order, in the form and time provided for in Article 46 of Law 29/1998, of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction.

After the maximum period established without the express and notified resolution, the application shall be deemed to be deemed to be estimated, in accordance with the provisions of Article 43 of Law No 30/1992 of 26 November 1992. the effects of the consideration of the final administrative act of the procedure and without prejudice to the obligation to issue a confirmatory express resolution of the procedure.

Where the amount of the subsidy is to be reduced by the cost of the subsidised activity in isolation or in conjunction with other grants, the Secretary of State for Social Services and Equality shall dictate Resolution and the recovery of the excess will be carried out, together with the interest of delay.

Article 12. Obligations of the entity or organisation benefiting from the grant.

Non-governmental entities or organizations benefiting from the grants, in addition to those provided for in Articles 13, 14 and 15 of this Order, and those which are generally covered by Article 14 of the Law 38/2003, of November 17, will be forced to fulfill the following obligations:

a) Enter the total amount of the grant into an open bank account exclusively for the income and payments made from the grant received.

To entities that have adapted their accounts to the General Accounting Plan or who have chosen to use the accounting records system, prepared by the General Intervention of the State Administration in collaboration with The General Directorate of Family and Children's Services shall not apply to them the obligation indicated in the preceding paragraph.

b) Carry out the activity which is based on the grant of the subsidy in the form, conditions and time limit laid down for each action and, failing that, before 31 December 2013, without prejudice to the possibility of Moratorium authorization.

c) To justify to the Secretary of State for Social Services and Equality the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose that determined the concession or the Benefit from the grant.

(d) Manage and conduct directly those activities that constitute the main content of the actions for which they apply for grants, with the exception of those activities which, by their very nature, and they must be subcontracted, without exceeding 50% of the amount of the action supported. Subcontracting will be adjusted as soon as Article 29 of Law 38/2003, of 17 November, and Article 68 of Royal Decree 887/2006, of 21 July, provides.

e) Submitting to the verification, monitoring and inspection of the grant application, as well as to the financial control corresponding to the General Intervention of the State Administration.

(f) Communicating the Secretariat of State for Social Services and Equality as soon as it is known, and in any case prior to the justification of the grant, the obtaining of grants, aids, income or resources for the the same purpose from any public or private authorities, national, European Union or international bodies, as well as their amount and the application of such funds to the subsidised activities.

g) To make visible in the material used for the dissemination of the supported actions a logo that allows to identify the origin of the grant, according to the model that is established in the call.

h) Having subscribed insurance and sickness insurance policy and civil liability in favour of the voluntary staff involved in the actions supported, as required by Articles 6, d) and 10 of the Law 6/1996, of January 15, of the Volunteering.

i) Keep the original supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of the audit and control actions by the granting body and, where appropriate, the financial control actions corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors in relation to grants awarded.

(j) Any revenue generated by the supported actions or other financial returns generated by the funds provided to the beneficiaries shall be reinvested in any of the actions supported. If it is not applied to the alleged point, the Authority responsible for resolving the requests for amendment, as provided for in Article 11, on a proposal from the contracting organisation or entity, may authorise its application to other purposes. The social security contributions provided for in the same call, being returned in any other case.

(k) In the case of the actions in which the construction of buildings or the adaptation of premises is proposed during the period of implementation provided for in the calls, the applicant entity shall have sufficient ownership of the premises. corresponding land or premises and having the respective licences to enable the works for which the subsidy is requested to be carried out.

(l) The beneficiary entities shall have to allocate the buildings or immovable property which they have acquired for the particular purpose for which the grant was granted for at least 20 years.

The breach of the obligation of destination of these goods, which will occur in any case with their disposal or lien, will be cause of drawback and in the amount corresponding to the value of the property at the moment of the change of destination, with the good affected to the payment of the refund whatever its holder.

The obligation of destination shall not be considered unfulfilled when the change of destination, disposal or charge is previously authorized by this Department and the acquirer assumes the obligation of destination, according to the established in Article 31 (5) (b) of Law 38/2003 of 17 November.

It must be stated in the registration in the Registry of the Property and in the corresponding public deed, to which a representative of the Administration must attend, the period of the obligation of destination, the the amount of the grant awarded and that for the change of destination, disposal or tax the prior authorisation of this Ministry is necessary.

In the case of acquisition of inventoried goods that are not registered in a public register, they must be destined for the particular purpose for which the grant was granted for at least three years.

The breach of the obligation of destination of such goods, which will occur in any case with their disposal or lien, will be a cause of drawback, with the good affecting the payment of the refund whatever its holder.

The obligation of destination shall not be considered unfulfilled where the goods are replaced by others which serve in similar conditions to the end for which the subsidy was granted and this use is maintained until the end of the period established, provided that the replacement has been authorized by this Department, in accordance with Article 31 (5) (a) of Law 38/2003 of 17 November.

m) Proceed to the reimbursement of funds received in the cases referred to in Article 16 of this order.

n) Communicate to the Secretariat of State of Social Services and Equality any variation produced, from the date of its presentation, in the statutes or in the composition of the Board of Directors or governing body, contributing its enrollment in the corresponding record.

Article 13. Monitoring, monitoring and evaluation.

According to the provisions of Articles 14.1.c) and 32.1 of Law 38/2003 of 17 November and Chapter IV of Title II of Royal Decree 887/2006 of 21 July, the entities or organisations benefiting from the the grant shall be subject to the verification, monitoring and evaluation actions determined by the Secretariat of State for Social Services and Equality, providing information as required in order to verify the correct execution of the supported actions.

The supported entities or organisations should regularly provide the level of compliance with the actions, in accordance with the timetable and follow-up instructions given to them by the body. grant.

Article 14. Justification of the expenditure.

1. In accordance with the provisions of Law 38/2003 of 17 November, and Royal Decree 887/2006 of 21 July, the institutions or organisations supported are obliged to justify the fulfilment of the conditions imposed and the achievement of the the objectives set out in the grant of the grant, in accordance with the instructions given by the granting body.

2. On a general basis, the justification shall take the form of supporting account with the provision of supporting documents in accordance with the terms of Article 72 of Royal Decree 887/2006 of 21 July.

The supporting account will contain the following information:

A memory of the performance of the performance of the conditions imposed in the grant of the grant, with indication of the activities carried out and the results obtained, according to the model in the manual instructions for justification.

An economic memory supporting the cost of the activities carried out, which will contain the documents listed in Article 72 of the Royal Decree 887/2006, of 21 July, except for the supporting documents of the expenditure, which the contribution shall be made at the request of the granting body when the review procedure for the account is initiated.

3. The beneficiary organisations and organisations may, at their choice, choose to do the justification either by means of the supporting account provided for in Article 72 of the Royal Decree 887/2006 of 21 July, or through the supporting account with the contribution of an auditor's report as set out in Article 74 of the same legal text. In the latter case, the beneficiary is not obliged to provide proof of expenditure on the surrender of the account, without prejudice to the verification and control actions which the General Intervention of the State Administration may carry out. the Court of Auditors in the exercise of its powers.

The verification to be performed by the auditor, in any case, will have the following scope:

Compliance by beneficiaries of their obligations in the management and implementation of the grant.

The appropriate and correct justification of the grant by the beneficiaries, taking into account the justification instruction manual.

The reality and regularity of the operations that, according to the justification presented by the beneficiaries, have been funded by the grant.

The proper and correct financing of the activities supported, in the terms laid down in Article 19 (3) of Law 38/2003, of 17 November.

4. Where appropriate, the supporting documentation of the expenditure incurred under the grant shall be submitted for each of the actions supported, and shall be accompanied by a supporting statement for each approved expenditure concept. to say, by differentiating the current costs of investment expenditure.

Each of these relationships will specify the different spent items classified as follows:

Current expenses:

Staff.

Maintenance and activities.

Diets and travel expenses.

Investment expenses:

Acquisition of properties.

Works.

Equipment.

4.1 In no case shall the justification of the current expenditure in the part exceeding or in so far as they do not comply with the limitations referred to in Article 6 of this order be accepted.

4.2 There shall also be no compensation between current and investment expenses, each of these concepts being limited by the amount allocated in the granting resolution, without prejudice to any subsequent authorised modifications, where the relevant call permits, and of the acceptable deviation rates to be set out in the Manual of Justification Instructions to be drawn up by the granting body.

4.3 In any event, compliance with the tax obligations resulting from amounts to be retained by income from work, income from economic activities or from income from income should be justified. leasing or subleasing of urban buildings, in accordance with the rules governing the Income Tax of the Physical Persons.

Also, in the case of remuneration of hired staff, the income of the contributions in the General Treasury of Social Security must be credited.

4.4 In cases of acquisition or construction of immovable property, the public deed of purchase or, where appropriate, new work, in which the limitations specified in paragraph l (l) of the first subparagraph, must be recorded. Article 12 of this order, as well as accrediting the incorporation of the acquisition or, where appropriate, of the work done to the inventory of the entity. In cases of acquisition of buildings, together with this documentation, a certificate issued by an independent valuer duly accredited and registered in the relevant official register shall also be provided.

4.5 Original invoices or receipts will be provided to justify the expenditure incurred in the activities carried out for the performance of the subsidised action. These documents must comply with the requirements laid down in Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the invoicing obligations and amending the Value Tax Regulation. Added, as amended by Royal Decree 87/2005, of 31 January.

The Spending Justification Instructions manual will contain any exceptions or specific specifications for any other documentation deemed appropriate in order to further rationalize the justification for the expense.

4.6 Revenue, as well as the financial returns referred to in Article 12 (j) of this order, shall be justified on the basis of the supported actions to which they have been charged, as sets the Justification Instructions manual.

4.7 The costs which, in a manner which is strictly necessary and which are strictly necessary and which are strictly necessary, will be eligible, as set out in Article 31.1 of Law 38/2003 of 17 November. which are carried out during the year 2013 and are actually paid before the end of the period of justification laid down in paragraph 5 of this Article. In no case shall the cost of these expenses be higher than the market value.

4.8 In no case will the depreciation costs of the inventoried goods be eligible.

4.9 In the cases of execution of works or of supply of goods of equipment or provision of services by consulting firms or technical assistance, the provisions of article 31.3 of Law 38/2003, of 17 of the November.

4.10 It may be justified from the subsidy received for expenditure which, where appropriate, could have been incurred during the year in which it was granted, provided that they relate to actual costs of the activities included in the actions supported by the call. In the event that the actions supported are of continuity, only the costs incurred since the date of completion of the actual implementation of the action supported by the call shall be accepted from the grant. previous.

4.11 When the activities have been financed, in addition to the grants awarded under the calls to be carried out in accordance with this order, with own funds or with other grants, aid, income or resources, from any public or private authorities, national, European Union or international bodies, the amount, the provenance and the application of such funds shall be credited to the supported activities.

5. The justification shall be provided within one month from the date of the end of the period for carrying out the activity referred to in Article 12 (b).

If the justification period expired, the entity would not have submitted the corresponding documents, it will be required to be provided within the term of 15 days, communicating that the lack of presentation of the justification within that period shall entail the requirement for reimbursement and other responsibilities laid down in Law 38/2003 of 17 November, in accordance with the provisions of Article 70 of Royal Decree 887/2006 of 21 July.

6. Voluntary return. The return of all or part of the grant without the prior request of the Administration by the beneficiary will be made in the General Secretariat of the Treasury and Financial Policy or Delegation of Finance corresponding to the registered office of the subsidised entity, and must forward to the granting body the corresponding letter of payment of the income made.

In this case, if applicable, the Administration will calculate the interest on late payment in accordance with the provisions of Article 38 of Law 38/2003 of 17 November, and until the moment the effective return of the beneficiary, as set out in the Justification Instructions Manual.

Article 15. Responsibility and sanctioning regime.

The beneficiary entities or organizations will be subject to the responsibility and sanctioning regime that on administrative violations in the field of grants establishes Title IV of Law 38/2003, of 17 November.

Also, they will be subject to the provisions of Title IX of Law 30/1992 of 26 November, and of Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the exercise of power sanctioning.

Article 16. Reintegrate.

1. The sums collected and, where appropriate, the revenue generated by the actions and interest accrued by the subsidy, as well as the requirement of the corresponding interest for late payment from the time of payment of the subsidy, shall be recovered. grant until the date on which the origin of the refund is agreed, in the cases referred to in Articles 36 and 37 of Law 38/2003 of 17 November.

The following cases should be taken into account:

(a) Failure to comply with the obligation of justification or insufficient justification, in accordance with the terms laid down in Article 30 of that law and in Article 14 of this order. For these purposes, it shall be understood as non-compliance, inter alia, with the existence of a subsidy remainder which has not been invested in the action without justified cause. It shall also be deemed to have been non-compliance, for the purposes of the origin of the refund, in those cases where the grant of the subsidy has been withheld as a result of a judicial mandate in which it had been ordered, (a) a statement of the extent to which the subsidy was granted, whichever is the case.

b) Not to give adequate publicity to the public nature of the financing of the action, in accordance with the terms laid down in Article 12 (g) of this order. Furthermore, it does not comply with the alternative measures established by the granting body in the case provided for in Article 31 (3) of Royal Decree 887/2006 of 21 July.

(c) Failure to comply with the conditions imposed on the beneficiaries and the commitments made by them on the basis of the grant of the grant. For these purposes, the application of the subsidy to expenditure concepts other than those that were established, without authorisation from the Authority, shall be understood as non-compliance.

Furthermore, failure to comply with the obligation of destination referred to in Article 12 (l) of this order shall be a cause of drawback.

d) In the case referred to in the last paragraph of Article 11 of this order, the excess obtained over the cost of the performance, together with interest on late payment, shall be recovered in accordance with the provided for in Article 34 of Royal Decree 887/2006 of 21 July.

Regarding the nature of the credits to be reintegrated will be in accordance with the provisions of Article 38 of Law 38/2003 of 17 November.

2. The procedure for reimbursement shall be governed by the provisions of Articles 41 to 43 of Law 38/2003 of 17 November, Title III of Chapter II of its Royal Decree 887/2006 of 21 July and Title VI of Law No 30/1992 of 26 November 1992. as provided for in this order, the following bodies being competent for their processing and resolution:

a) For initiation, ordination and instruction: The Directors General for Family and Children's Services and Disability Support Policies, as appropriate.

b) For resolution: The Secretary of State for Social Services and Equality.

The declarative procedure for non-compliance and the origin of the refund will be initiated on its own initiative as a result of the competent authority's own initiative, once the supporting documentation of the expenditure of the grant and not found complete and compliant in whole or in part, or with the detection of any of the remaining causes of drawback.

It shall also proceed to the initiation of the procedure as a result of a higher order, of the reasoned request of other bodies having or not assigned powers of inspection in the matter, or of the formulation of a denunciation. It shall also be initiated as a result of the financial control report issued by the General Intervention of the State Administration, resulting from the application of Articles 49 to 51 of Law 38/2003 of 17 November, and in the Articles 96 to 101 Royal Decree 887/2006, of 21 July.

3. The processing of the procedure shall in any event ensure the right of the person concerned to the hearing.

4. The maximum time limit for resolving and notifying the resolution of the refund procedure shall be 12 months from the date of the initiation agreement. That period may be suspended and extended in accordance with Article 42 (5) and (6) of Law No 30/1992 of 26 November.

If the time limit for resolving without express resolution has passed, the procedure shall be expired, without prejudice to any further action until its termination and without being deemed to be interrupted. prescription for actions carried out until the end of the term.

5. The declarations of non-compliance and of the origin of the refund shall end the administrative route, and may be brought against the same powers of replacement to the Secretary of State for Social Services and Equality in the period of one month, from the day following that of the notification of the decision, or be directly challenged in the context of the judicial-administrative court order, in the form and time provided for in Article 46 of Law No 29/1998, July 13, regulator of the Administrative-Administrative Jurisdiction.

If the procedure had been initiated as a result of facts which could constitute an administrative infringement, they shall be brought to the attention of the Authority for the initiation of the relevant procedure. sanctioning.

6. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by a performance unequivocally to the satisfaction of its commitments, the amount to be reintegrated shall be determined, in response to the proportionality criterion, by the volume and degree of non-compliance with the conditions imposed for the grant of the grant.

Single repeal provision. Regulatory repeal.

Order SPI/166/2011 of 28 April 2011 laying down the regulatory basis for the award of grants under the general scheme of grants from the General Secretariat for Social Policy and Consumption.

Final disposition first. Extra duty.

As not provided for in this order, the provisions of Law 38/2003 of 17 November, in Royal Decree 887/2006 of 21 July, and Law 30/1992 of 26 November, will be applied.

Final disposition second. Competence title.

This order is dictated by the exclusive competence of the State to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of their rights and in the fulfilment of their duties. constitutional, in accordance with Article 149.1.1. of the Constitution.

Final disposition third. Entry into force.

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

Madrid, 4 June 2012, The Minister of Health, Social Services and Equality, Ana Mato Adrover.

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