Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7653
In accordance with it established in the article 149.1.1. th of the Constitution Spanish, the State has competition on the regulation of the conditions Basic that ensure the equality of all them Spanish in the exercise of them rights and in the compliance of them duties constitutional.
The purpose pursued by it Administration General of the State with them grants regulated in this order of bases is the achievement of the equality of them citizens in them political social, promoting them conditions and removing them obstacles, as indicate them articles 1.1 and 9.2 of the Constitution Spanish, so such equality is effective. And it is that, taking into account the limitations regarding available resources imposed by the respect for the demands of budgetary stability, the performance of the General Administration of the State hardly can be deleted if one takes into account that effective equality in the exercise of social rights requires the use of criteria of efficiency and cost-effectiveness in the programming and execution of public expenditure (article 31.2 of the Constitution) are advised to instruct the administration which is in best position, skills which has constitutionally conferred as a guarantor of equality, their achievement in the field of social policies.
It is essential, in accordance with the judgment of the Court constitutional 146/1986, of 25 November, collecting the doctrine of decision 95/1986, perform centralized management to ensure equal potential recipients throughout the national territory.
Of the same way, the same court constitutional in its sentence 56 / 1986, of 13 of mayo, says that the State not can verse private of the exercise of their powers exclusive by the existence of a competition, although also is exclusive, of a community autonomous, according to said already his sentence 1 / 1982, of 28 of January.
Indeed, the achievement of the general interest of the nation, and the supracomunitario character, remains committed to the General State organs, according to the statement, also of the Constitutional Court, 42/1981, of 22 December, referencing the powers reserved to the State in article 149 of the Constitution.
Precisely on this article 149, the Constitutional Court in its ruling 239/2002, of 11 December, with mention of the 61/1987, of March 20, says that using its content are allowed to State regulation of the basic conditions that guarantee equality.
And, already more recently, the sentence of the Court constitutional 46 / 2007, of 1 of March, says, on the concurrency of powers, that the interest general will be the title prevalent that will determine the preferential application of a competition of the State in detriment of the corresponding to a community autonomous.
The actions to be financed by these subsidies should be supra-territorial character of such a nature that they do not support be territorialised, so its regulation and centralized management are essential.
This Department, under provisions in the Real Decree 200/2012, 23 January, which develops the basic organizational structure of the Ministry of health, social services and equality, has attributed, among its functions, the articulation of the participation of the General Administration of the State in the system for the autonomy and dependency care in the terms provided for in the law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence; the promotion of social services and the promotion of cooperation with non-governmental organizations and promotion of social volunteering, in the sphere of constitutionally reserved competencies to the State; the protection and promotion of families and children and the prevention of situations of need in which these groups may incur, in the sphere of constitutionally reserved competencies to the State; the care and support to persons with disabilities, within the scope of constitutionally-reserved competencies to the State; the exercise of guardianship of the State on the entities outside the Administration, without prejudice to the functions of the Secretariat over the protectorate of foundations; the promotion of policies of equality, non-discrimination and universal accessibility in the scope of their powers, the impulse of the policies of demand reduction of the consumption of drugs and the programmes of prevention, treatment, rehabilitation and harm reduction in drug matters and the supervision of the control systems of the international programmes in the field of youth.
Also, the Secretariat of State of services social e equality has attributed functions on them programs corresponding to the Plan national of action for it Inclusion Social in the United of Spain, as well as to the strategy State of the volunteer, to the Plan of action for the people with disability, to the Plan national of accessibility, to the Plan strategic national of childhood and adolescence and to the Plan strategic of equality of opportunities.
Them priorities that is will have in has in them different calls for the purposes of the award of the grants is framing in them different lines of performance that is collected in the framework agreement subscribed the 18 of October of 2006 by the then Ministry of work and affairs social and the Third Sector of action Social for the development of programs of interest social.
For to serve these purposes, those budgets General of the State recorded them timely credits.
This order of bases regulatory of the award of grants is adapts to it provisions in the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common; as well as to the provisions of the law 38 / 2003, of 17 of November, General of subsidies and of the Real Decree 887 / 2006, of 21 of July, by which is approves the regulation of the law General of grants.
In the processing of this provision have issued report prior the advocacy of the State and the intervention associate of the intervention General of the administration of the State in the Department.
This order is dictates of conformity with it willing in the article 17 of the law 38 / 2003, de 17 of November.
In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: article 1. Scope of application and object.
This order establishes them bases regulatory of the concession of them grants subject to the regime general of grants of the Secretariat of State of services social and equality.
He object of these grants will be the realization of performances State aimed to support the movement associative and founding of field State of them people and them collective that is found in situation or in risk of exclusion social, them people with disability, families, childhood, people Gypsy and volunteer, and of those others that, in final, is directed to the strengthening of the Third Sector of action Social.
Article 2. Calls.
Them corresponding calls is carried out in regime of concurrency competitive, in accordance with it established in them articles 22.1 and 23.2 of the law 38 / 2003, of 17 of November, by resolutions of the Secretariat of State of services social and equality. These notices will determine the budget appropriations which must be charged corresponding subsidies and contain actions to subsidize, prescriptions, requirements and priorities, being able to determine maximum subsidies bumpers to grant, on the basis of the nature, characteristics and degree of social implementation of entities and applicant organizations.
Resolutions that made the calls shall contain the description of the logo of the organising body and shall be published in the «Official Gazette».
If, once awarded grants, were remnants of credit, new calls can be made.
Article 3. Applicant organizations and entities.
Be able to access the status of beneficiary of regulated subsidies in this order entities or non-governmental organizations that meet the following requirements: to) be legally constituted and duly registered in the corresponding administrative register of entities of State level at the date of publication of the call.
(b) lack of profit. To these effects, is considered also entities without purposes of profit those that develop activities of character commercial, whenever the benefits resulting of them same is invest in its whole in the compliance of their purposes institutional, not commercial.
(c) those that is determined specifically in them resolutions of call, in relation to the purposes of them grants convened, them own of them entities and organizations applicants established in their statutes. In all case, them organizations or entities applicants must have as late institutional primordial the realization of them activities to is relating them respective resolutions of call, except in the case of people with disability, that must devote is, in concordance with their rules statutory, with character exclusive and usual to the realization of activities in favour of them people with disability.
(d) find is to the current in the fulfillment of the obligations tax and facing it security Social.
(e) have justified, if necessary, enough, received financial aid in advance of 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) have of the structure and capacity sufficient to ensure the compliance of them objectives, crediting the experience operational required for this.
Legal persons of public law, universities, political parties, professional bodies, civil societies and other institutions with similar purposes and nature than those mentioned not shall be included within the typology of these non-governmental organizations above.
Not may be beneficiaries of them grants regulated in this order them entities in which concur any of them circumstances contained in the paragraphs 2 and 3 of the article 13 of the law 38 / 2003, of 17 of November.
Article 4. Bodies competent for the management and instruction of the procedure.
1 will be the competent bodies for the management and the procedure instruction: to) the General Director of services for the family and kindergarten for subsidies directed to areas of social services, families and children.
(b) the General policies support Division to disability for subsidies aimed at people with disabilities).
Pursuant to article 24 of law 38/2003 of 17 November, corresponds to the aforementioned DGs perform nursing actions deemed necessary for the determination, knowledge and verification of the data under which you must say the resolution.
In particular, will have them following powers: request few reports deems necessary for resolve and those that are required by the rules that regulate the grant, in accordance with it designated in the article 8.
Formulating the draft resolution referred to in article 9, paragraph 1, of the present order.
2. the College referred to in article 22.1 of law 38/2003 of 17 November, are the evaluation committees appointed the General Director of services for families and children, and the General direction of policy disability support.
The person holder of each an of them addresses General will preside over the corresponding Commission of evaluation, and will form part of each an of them three vocal designated by the / the President / to and a vocal designated by the Secretariat of State of services social e equality. It will act as Secretary a / to official of the respective Directorate-General, appointed by the / a/President of the Evaluation Commission. This organ will issue report in which the result of the assessment carried out is concrete.
When the / the President / to it deems necessary, may incorporate is to the Commission, with voice but without vote, officials / as of them centers or units of the Department with competition in them areas that affect the evaluation.
The commissions of evaluation will be formulated, through their respective organs instructors, it proposed of concession of grants.
In it not intended in this order, the operation of the organ collegiate is adjusted to the regime established for them bodies collegiate in the chapter II of the title II of the law 30 / 1992, of 26 of November.
Article 5. Request, reports, documentation and correction of errors.
1.1 model and presentation of requests: them requests of grant is formalized in a unique model of instance, that figure as annex I to the present order, and must relate is in the same all them performances for which the entity requests the grant.
Them models of printed may be collected in the headquarters central of the Ministry of health, services social and equality, ride of the Prado, numbers 18-20, 28071 Madrid, as well as in the delegations or sub-delegations of the Government.
Also, there is an application computer for the filling of the request of grant, to which is can access in the website whose address is www.msssi.gob.es.
Them requests directed to the Secretariat of State of services social e equality may be presented in them headquarters and addresses indicated in the paragraph second of this paragraph, as well as in them records and offices to is concerns the article 38.4 of the law 30 / 1992, of 26 of November.
Also can perform is the application by means electronic, of conformity with the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public.
1.2. deadline for submission: the submission deadline is 30 calendar days, counted from the day following the publication in the "Official Gazette" of the corresponding calls.
2.1 must accompany the request an explanatory memorandum of the substantial characteristics of the requesting entity, as well as other memory for each of the actions for which grant is requested. These memories are formalized in models which are attached as annexes II and III to the present order and that can be picked up at the places set out in paragraph 1.1 of this article.
(2.2. the specific requirements of the actions laid down in annexes I to respective resolutions call for proposals which are not accredited through the documentation referred to in the letter f) of paragraph 3 of this article, as well as data not completed in the models cited in the preceding paragraph, not may be taken into account for the purposes of its assessment.
3. documentation that must accompany is to the request and to them memories: the application, besides them cited memories, must accompany is of them documents that then is listed, that have of be original or photocopies certified of them themselves.
(to) document accrediting of the personality of the applicant, as well as to quite in right to act in name and representation of the person legal applicant.
Not will be necessary present the document accrediting of the identity when the interested manifest expressly your consent for their data are collected by the organ management instructor, according to model facilitated by the same.
(b) card of identification fiscal.
(c) Statutes duly legalized.
(d) document proving of the registration of the entity in the registration administrative of entities of field State.
(e) certification in which record the identification of them managers of the entity, members of its Board u organ steering, as well as the date of its appointment and mode of choice. In this certification must prove is the presentation of such data in the registration administrative corresponding.
(f) that, where appropriate, is expressly determined in the notices provided for in article 2 of this order, in relation to the aims and actions of the entities, places that the entity has headquarters, perform or performed performances, and nature of the proceedings to subsidize.
(g) statement responsible for who holds the legal representation of the applicant entity that is aware of their tax obligations and with Social Security, as set forth in article 24, paragraph 7, of the Royal Decree 887/2006, of 21 July.
(h) statement responsible for who holds the legal representation of the applicant entity that is current in the payment of obligations by reinstatement of subsidies, as laid down by article 25 of the Royal Decree 887/2006, of 21 July.
(i) statement responsible for who holds the legal representation of the applicant entity that it is not involved in the prohibitions for status of beneficiary of subsidies laid down in article 13, paragraphs 2 and 3, of the law 38/2003 of 17 November.
Entities and applicant organizations will be accompanied by a copy of the original documents that provide, to ensure these immediately returned them by the registry offices, once such copy has been certified and attached to the request. Where required the provision of original documents, applicants will have right to which, at the time of its presentation, is give them properly filled out with a stamp the copy accompanying those.
Will not be necessary to present the documents required in 3 points, to), 3, e), when these have not undergone modification and were held by any organ of the inspecting administration, in which case the requesting entity may avail himself of the provisions in paragraph f) of article 35 of the law 30/1992, of 26 November, always made record in writing, the date and organ or unit that were presented or, if issued, and when not after more than five years from 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 entity his presentation, or in their absence, other media accreditation requirements referred to in the document, prior to the formulation of the draft resolution.
Verification of the existence of data not adjusted to reality, in the application, the memories or the documentation provided, may act according to their importance, the refusal of the requested subsidy, without prejudice to the other responsibilities that may arise.
4. correction of errors.-If it request of initiation not meet them data of identification, both of it grant requested as of it entity applicant and/or any of them planned in the article 70 of the law 30 / 1992, of 26 of November, is will require to it entity u Organization applicant, in accordance with it established in the article 71.1 of the cited law so in a period of ten working days, it rectified the faults or attach the mandatory documents, with an indication of that thus does not do so, shall it be rejected her request, prior notification of the resolution that will be issued on the terms laid down in article 42 of the same law.
Notwithstanding the above, at any time, can be urged the entity or organization requesting that you complete the necessary arrangements, in accordance with the provisions of article 76 of the law 30/1992, of 26 November, for this purpose by granting a period of ten working days starting from the day following the notification, with express warning that not to do so, may declare you decayed in their right to the procedure. However, the performance of the applicant shall be allowed and will produce its legal effects, if it occurs before or within the day that is notified of the resolution that is in elapsed time.
Article 6. Financing of the actions presented.
Applicant institutions completed the section referred to the budget, contained in the memory relative to each of the presented projects, specifying the forecasts of expenditure that they deem necessary for the realization of the different activities that comporta the contents of the corresponding action, differentiating between current expenditure and capital expenditure.
For this purpose, will have in has that them expenses current attributable to the grant are subject to them following limitations: 1. them remuneration of the personal labour attributable to the grant will be limited by them amounts collected in the table that then is details for them different groups of quote to it security Social: Group I: 31,306 euros.
Group II: 25,045 euros.
Group III: 21.914 euros.
Group IV: 18.783 euros.
Group V: 15.653 euros.
Group VI and VII: 12.522 euros.
Group VIII: 10.435 euros.
The amounts collected are referred to fourteen annual pay for a working week of 40 hours.
Proportional calculation will be made for less than 40 hours days.
Pay joins Social security costs to the company and their total shall constitute eligible expenditure for staff costs.
2. them remuneration of the personal hired in regime of lease of services, mode this that will have always character exceptional, is admitted only in them cases in that, by them special features of the performance, not is right the development of them activities specific of that is try by the personal subject to the normative labor existing. These fees are also affected, in General, by the limitations referred to in the preceding paragraph, being able to establish exceptions to these limitations, by reason of the nature of the activity, in instructions of justification to that effect issued by the competent executive organ.
3. not may attributed to grant the costs incurred by the activities carried out in the condition of members of the boards of directors or boards of direction of entities, except in the performances of maintenance and operation and in support of the associative movement.
4. allowances and travel expenses may be object of subsidy in fixed amounts for the Group 2 by Royal Decree 462/2002, of 24 may, as provided in the instruction Manual of justification.
Subsidies shall be compatible with other aid having the same purpose, taking into account the amount of the grant in any case may be of such an amount that, individually or in concurrence with other grants, subsidies, income or resources, exceeds the cost of the subsidised activity, in accordance with the provisions of paragraphs 2 and 3 of article 19 of law 38/2003 , of 17 of November.
According to the nature of the activities, the beneficiary may carry out their subcontracting, always mediating authorization and shall not exceed 50 per 100 of the amount of the subsidized activity. Such subcontracting shall be adjusted, in any case, the provisions of article 29 of law 38/2003 of 17 November, and article 68 of the Royal Decree 887/2006, of 21 July.
Article 7. Objective criteria of assessment.
For the award of grants, in addition to the amount of the overall budget included in the corresponding budget appropriations which conditions, without possibility of extension, the obligations that are undertaken with charge, the objective assessment criteria will be taken into account are as follows: 1. objective criteria of assessment and weighting them, of requesting institutions (: a) implementation: will be evaluated the implementation of the actions performed by the entity, as well as the number of partners and affiliates.
They will have a priority assessment confederations, federations or similar groups who have integrated actions (maximum 20 points).
(b) seniority: that the entity is constituted at least with two years prior to the date of publication of the call, with the exception of the confederations and newly constituted federations, which shall be composed mostly of federations or associations whose age is greater than two years (maximum 3 points).
(c) specialisation: that the specialization of the institution is accredited in attention to collective actions are directed to that, either, which is constituted as an Association of their own collective that represents (maximum 10 points).
(d) structure and management capacity: the entity structure suitable for managing activities presented performances, with evaluation and quality systems that contribute to the achievement of the objectives (maximum 20 points).
(e) external audit: an advantage especially the entity to submit its management to periodic inspections (maximum 5 points).
(f) budget and financing: plus the size of the budget of the institution over the past year, its heritage as well as the funding obtained from other institutions and its capacity to mobilize resources from other bodies, public or private, giving priority to those that have a capacity of private financing of, at least, 10 per 100 of its total budget of income (maximum 20 points).
(g) participation social and volunteer: that the entity promoting the participation and mobilization social. That count with a number relevant of volunteers / as for the development of their performances, prioritizing is those that have of a system of training of them / them volunteer / as and of incorporation of these / as to the activities of the entity (maximum 15 points).
(h) adequacy of human resources (maximum 15 points): the lines of action of the entity in the field of management of human resources that are assigned to different programs, will be assessed taking into account: 1. the nature, characteristics and duration of pre-existing salaried staff and faculty hiring.
2. the employment of people with disabilities in a manner analogous to the regulation of this matter by the Act 13/1982 of 7 April, integration of disabled people, and the Royal Decree 364/2005, of 8 April, which regulates alternative compliance with the exceptional nature of the reservation in favour of workers with disabilities share.
3. the employment of persons in a situation of social exclusion of unemployed and registered with the public employment services, with special difficulties for their integration in the labour market, referred to in point 1 of article 2 of the law 44/2007, of December 13th, for the regulation of the regime of the companies of insertion.
Also, plus the employment of such persons by those companies of inclusion in which the requesting grant institution consideration of promoter.
4. the employment of women, young people and long-term unemployed.
(i) compliance with obligations arising from subsidies received from the Ministry: the accuracy in the fulfillment of their obligations will be valued with the then Ministry of labour and Social Affairs - formerly Ministry of Social Affairs - Ministry of education, Social policy and sport, Ministry of health and Social policy, Ministry of health, Social policy and equality, with respect to subsidies granted in previous years.
When compliance is not total, according to the type of breach has occurred, you can remove up to a maximum of 7 points from the total score obtained by the entity.
2. criteria objectives of valuation of them performances: them respective calls will establish them criteria objectives of valuation of them performances because of its purpose, nature and characteristics, as well as their weighting.
Article 8. Reports.
In order facilitate the best evaluation of them requests, the corresponding address General may require of them entities and organizations applicants it enlargement of it information contained in them memories, as well as request them reports technical that deem necessary to them organs managers and agencies that are competent by reason of the matter.
The deadline for the issuance of the reports will be 10 working days, unless the corresponding Directorate-General, in accordance with the provisions of article 24.3, to), law 38/2003 of 17 November, according to the characteristics of the requested report or the procedure itself, request their issuance in one shorter period or more, while in the latter case it does not exceed two months.
Article 9. Resolution.
1. each address General, in view of all the proceedings and reports of the respective colleges, formulate timely motion for a resolution. in accordance with it established in the article 24.4 of the law 38 / 2003, of 17 of November.
Such a proposal, pursuant to article 24.4 of the law 38/2003 of 17 November, should express the relationship of applicant entities for which proposes the granting of the subsidy and the amount, specifying their assessment and the criteria followed to carry out.
For the determination of the claims individualized of the grant is will have in has them features of them entities seekers and of them performances presented that are relevant to the grant meets properly its purpose.
2. the Secretariat of State of services social e equality, by delegation of the Minister, in accordance with the order SAS / 3547 / 2009, of 28 of December, by which is delegate and approve them delegations of the exercise of competencies in them organs administrative of the Ministry of health and political Social and its organisms public dependent, and prior control of them records , when it is mandatory, will resolve the procedure within fifteen days from the date of lifting of the motion for a resolution.
The resolutions will be motivated, and must in all case be accredited the foundations of the resolution adopted, in accordance with the provisions of article 25, paragraph 2, of law 38/2003 of 17 November.
Them resolutions is will dictate and shall notify to them applicants in the term maximum of six months, counted from the date of publication of the respective calls, according to it willing in them articles 25.4 and 26 of the cited law. Exceptionally, can agree is an enlargement of the referred term maximum of resolution and notification, in them terms and with the limitations established in the article 42.6, of the law 30 / 1992, of 26 of November, communicating is said agreement to them entities applicants.
If within the period of five days, counted from the date of notification of the award decision, be it renounce grant by any of the beneficiaries, the awarding body agreed Award grant in favour of the applicant or applicants following in order to score the performances, provided that the released credit is sufficient.
The resolutions will put end to the administrative procedure, can be filed against the same optional replacement appeal to Secretary of State for social services and equality within the period of one month, counting from the day following the notification of the decision, either be directly challenged before the administrative court order in the form and time provided for in article 46 of law 29/1998 , of 13 of July, regulating of the jurisdiction contentious.
After the established deadline unless it has issued and notified express resolution, the request is can understand rejected by administrative silence, in accordance with the provisions of article 25.5 of the law 38/2003 of 17 November.
The subsidies will be made public in the Official Gazette, in the terms established in article 30 of the Royal Decree 887/2006, of 21 July.
The award of a grant to the amparo of the present order not behaves obligation any, from the Ministry of health, services social and equality, of award grants in them following exercises economic for performances similar.
Article 10. Payment of the grant.
Them entities subsidized must accredit previously to the collection of the grant, in accordance with it willing in the article 34.5 of the law 38 / 2003, of 17 of November, that is found to the running of their obligations tax and with it security Social, as well as in the payment of obligations by returned of grants, according to it established in the article 5 ((, paragraph 3, letters g) and h) of the present order.
If by reason of the nature of them activities that integrate it performance subsidized is had authorized its subcontracting, is will provide documentation supporting of it specialization of the entity with which is hires it realization of them activities, in it matter object of such recruitment, as well as of that this entity is is to the current of their obligations tax and facing it security Social. Also, must accredit is, through statement responsible of who holds it representation legal of the entity with which is has hired or is go to hire the realization of it activity, that not is is involved in them others prohibitions for get it condition of beneficiary of grants established in the article 13 of the law 38 / 2003, of 17 of November ((((, and that in the same not concurs any of the causes provided for in the article 29.7, paragraphs b), c), d) and e) of said text legal.
Also, when in the execution of them performances has intervened or is provides for the intervention of personal voluntary, must prove that have subscribed policy of insurance of accidents and disease and of responsibility civil in favor of this personal. Also must have justified enough them aid economic received with prior of them then ministries of work and issues social-before Ministry of affairs social-, education, political Social and sport, Ministry of health and political Social and Ministry of health, political Social and equality.
The payment of the subsidy shall be carried out in a single term and by bank transfer, for which purpose the entity shall be recognized, previously a bank account to the General Directorate of the Treasury and financial policy.
This payment will have the character of advance payment pursuant to article 34.4 of law 38/2003 of 17 November.
Article 11. Amendments to the resolution of granting.
Any alteration of the conditions taken into account for the granting of the subsidy and, in any case, concurrent obtaining other grants, aid, income or resources for the same purpose, of any Governments or entities public or private, national, EU or international agencies, may give rise to the amendment of the resolution of granting , in accordance with the provisions of article 19.4 of law 38/2003 of 17 November.
Them entities u organizations subsidized may request, with character exceptional, the modification of the content of the performance subsidized, as well as of the form and deadlines of its execution and justification of them corresponding expenses, when appear circumstances that alter or hinder the development of the performance, and may be authorized whenever not damage rights of third.
Them requests of modification must substantiate enough such alteration or difficulty and must formulate is with character immediate to the appearance of them circumstances that them justify and, in all case, with prior to the time in that end the term of execution of the performance subsidized.
Them entities u organizations applicants will be informed of the date in that it request has had input in the registration of the respective organ, starting from which is starts the computation of the term of resolution, through communication that is les will lead by them referred organs, in accordance with it willing in the article 42.4 of the law 30 / 1992, of 26 of November.
Resolutions of modification requests are will dictate by the Secretary of State for social services and equality and shall notify, within a maximum period of three months from the date of presentation of those in this register. These resolutions will put end to the administrative procedure, can be brought against them optional replacement appeal before the above-mentioned administrative body within the period of one month, counting from the day following the notification of the decision, either be directly challenged before the administrative court order, in the manner and time provided for in article 46 of law 29/1998 , of 13 July, regulating the contentious jurisdiction.
After the established deadline without having it dictated and notified express resolution, estimated means the application, in accordance with article 43 of law 30/1992, of 26 November, taking consideration of finalizer procedure administrative act and without prejudice to the obligation to express confirmatory of the decision for all purposes.
When the amount of the grant has of be object of reduction by overcome isolated or jointly with others grants the cost of the activity subsidized, the Secretariat of State of services social e equality dictate resolution and is will proceed to the returned of the excess, together with them interests of takes.
Article 12. Obligations of the entity or organization recipient of the grant.
Entities or non-governmental beneficiaries of grants, in addition to those provided for in articles 13, 14 and 15 of the present order, and that as a general rule set out in article 14 of law 38/2003 of 17 November, they will be forced to comply with the following requirements: to) enter the total amount of the grant to a bank account opened exclusively for incomes and payments charged to the grant received.
To them entities that have adapted its accounting to the Plan General Accounting or that have opted by use the system of records accounting, made by it intervention General of the administration of the State in collaboration with it address General of services for the family and the childhood, not les will be of application it mandatory designated in the paragraph previous.
(b) perform the activity that based it award of the grant in it form, conditions and term established for each performance and, in its defect, before the 31 of December of the year 2013, without prejudice of the possibility of authorization of moratorium.
(c) justify before the Secretariat of State of services social e equality the compliance of them requirements and conditions, as well as the realization of the activity and the compliance of the purpose that determined the award or the enjoy of it grant.
(d) managing and performing direct activities that constitute the main content of the actions for which applying for subsidy, with the exception of those activities which, by their very nature, and always upon authorization, should be outsourced, not to exceed 50 per cent of the amount of the subsidized activity. It outsourcing is adjusted to as has the article 29 of the law 38 / 2003, of 17 of November, and the article 68 of the Real Decree 887 / 2006, of 21 of July.
(e) subject to the actions of verification, monitoring and inspection of the implementation of the grant, as well as financial control that corresponds to the General intervention of the administration of the State.
(f) communicate to the Secretariat of State of services social e equality so soon as is know, and in all case with previously to it justification of it grant, it obtaining of grants, aid, income or resources for the same purpose from of any administrations or entities public or private, national, of it Union European or of agencies international, as well as its amount and it application of such funds to them activities subsidized.
(g) incorporate of form visible in the material that is use for the broadcasting of the performances subsidized a logo that allow identify the origin of the grant, according to the model that is set in the call.
((h) have subscribed insurance policy for accidents and disease and civil liability in favor of the volunteers participating in funded actions, in accordance with the requirements in articles 6, d) and 10 of the law 6/1996 of 15 January, the volunteer.
(i) preserve the original supporting documents for the application of the funds received, including electronic documents, insofar as they can be subject of performances by checking and control by the awarding body, in your case, the actions of financial control that correspond to the General intervention of the administration of the State and provided for in the law of the Court of Auditors in relation to the subsidies.
(j) the possible income that generate them performances subsidized u others yields financial that is generated by them funds left to them beneficiaries, is reinvested in any of them performances subsidized. Does not apply to the designated course, the competent organ to resolve requests for modification, as provided in article 11, on a proposal from the organization or entity awarded, may authorise its application to other social purposes in the same announcement, still coming back in any other case.
(k) in them performances in that is propose the construction of buildings or the adaptation of local during the period of execution planned in them calls, the entity applicant must hold the ownership enough on them corresponding land or local and have of them respective licenses that allow the realization of them works for which is requests grant.
(l) the entities beneficiary will have of allocate them buildings built or goods estate by them acquired to the end concrete for which is granted the grant at least during 20 years.
The failure of destination of these goods, which will occur in any case with its disposal or encumbrance, will be the cause for reinstatement and the amount that corresponds according to the value of the property at the time of the change in destination, leaving the good affection to the payment of the refund anyone who is its owner.
Shall not be considered unfulfilled obligation to target when the change of fate, alienation or encumbrance is previously authorized by this Department and the purchaser assumes the obligation of destination, in accordance with article 31, paragraph 5, b), of the law 38/2003 of 17 November.
It shall be noted in the registration in the land registry and the respective public deed, whose grant must attend a / representative of administration, the period of obligation to target, the amount of the grant awarded and that for the change of fate, alienation or encumbrance is required prior authorization from this Ministry.
In the so-called of acquisition of goods inventariables not registrable in a record public, must allocate is to the end concrete for which is awarded the grant at least during three years.
The failure of destination of the goods, to be produced in any case with its disposal or encumbrance, will be cause for reinstatement, leaving the good affection to the payment of the refund anyone who is its owner.
Shall not be considered unfulfilled obligation to target when the goods were replaced by others who serve in conditions similar to the purpose for which it was granted the subsidy and this use is maintained until the period established, provided that the replacement has been authorized by this Department, in accordance with article 31, paragraph 5, to) , of law 38/2003 of 17 November.
(m) carry out the reinstatement of the funds collected in the cases referred to in article 16 of the present order.
(n) report to the Secretary of State for 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, providing your registration in the corresponding registry.
Article 13. Control, monitoring and evaluation.
International provisions in 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 July 21, entities or grant recipient organizations shall be subject to the actions of verification, monitoring and assessment to be determined by the Secretary of State for social services and equality providing the information required in order to verify the proper implementation of the subsidized performances.
Entities or organizations subsidized shall periodically provide the degree of compliance of the proceedings, in accordance with the timetable and follow-up instructions issued for this purpose by the awarding body.
Article 14. Justification of costs.
1. in accordance with the provisions of law 38/2003 of 17 November, and the Royal Decree 887/2006, of July 21, subsidized organizations / entities are obliged to justify the fulfilment of the conditions imposed and the achievement of the goals envisaged in the Act of concession of the grant, in accordance with the instructions issued by the awarding body.
2. with character general, the justification will adopt the mode of has supporting with contribution of supporting of expenditure in them terms envisaged in the article 72 of the Real Decree 887 / 2006, of 21 of July.
It has supporting will contain the following information: A memory of action supporting of the compliance of them conditions imposed in the award of the grant, with indication of them activities made and of them results obtained, according to the model collected in the manual of instructions of justification.
An economic report justifying the cost of the activities carried out, which will contain the documents listed in article 72 of the Royal Decree 887/2006, of July 21, unless the supporting documents of the spending, whose contribution should be carried out at the request of the awarding body when to start the procedure of review of the account.
3. them entities and organizations beneficiary of grants may choose, to his election, by make it justification well through it has supporting regulated in the article 72 of the Real Decree 887 / 2006, of 21 of July, either through it has supporting with contribution of report of auditor regulated in the article 74 of the same text legal. In the latter case, the beneficiary is not required to provide proof of spending in the accountability of the account, without prejudice to the actions of verification and control that can perform the General intervention of the administration of the State and the Court of Auditors in the exercise of its powers.
The verification to be performed by the auditor of accounts, in any case, will have the following scope: compliance by recipients of their duties in the management and implementation of the grant.
The proper and correct justification of the grant from them beneficiaries, according to the manual of instructions of justification.
The reality and regularity of the transactions which, according to the justification presented by the beneficiaries, have been financed with grant.
Adequate and proper funding of the subsidized activities, in the terms established in paragraph 3 of article 19 of law 38/2003 of 17 November.
4. where appropriate, supporting documentation of expenditures charged to the grant will be presented for each of the actions subsidised, and must be accompanied by a list of supporting documents for each concept of authorized expenditure, i.e., differentiating current expenses of investment costs.
Each an of such relations will specify them different items worn classified as follows: expenses running: Personal.
Maintenance and activities.
Diets and travel expenses.
Costs of investment: acquisition of immovable property.
4.1. in no event will accept the justification of current expenses in the part exceeding or as in that do not conform to the limitations referred to in article 6 of this order.
4.2 nor is admitted compensation between expenses current and of investment, being each one of these concepts limited by the amount assigned in the resolution of concession, without prejudice of further modifications authorized, when the respective call it allow, and of them indexes of deviation acceptable that is established in the Manual of instructions of justification that develop the organ grantor.
4.3. in any case, the fulfillment of tax obligations arising from amounts that must be retained for performance of work, yields of economic activities or by income from the lease or sublease of urban buildings, in accordance with the regulatory tax on physical persons income must be justified.
Also, in them cases of remuneration of personal hired labour, must prove is the income of them quotes in the Treasury General of the Security Social.
4.4. in the case of acquisition or construction of immovable property shall arise the public deed of sale or, where appropriate, new construction, which should include the limitations specified in section l) article 12 of this order, as well as accreditation is the incorporation of the acquisition or, where appropriate, of the completion to the inventory of the entity. In cases of acquisition of real estate, along with this documentation, you must provide Additionally a certificate issued by an independent valuer duly accredited and registered in the corresponding register.
4.5 invoices or receipts be provided to justify the expenditures incurred in activities developed for the fulfillment of the subsidized activity. Such documents must meet the requirements established in the Real Decree 1496 / 2003, of 28 of November, by which is approves the regulation that regulates them obligations of billing and is modifies the regulation of the tax on the value added, modified by the Real Decree 87 / 2005, of 31 of January.
The instruction manual for justification of expenditure will contain exceptions or specific specifications on any other documentation deemed appropriate in order to more streamlining of the justification of spending.
(4.6 them income, as well as them yields financial to which is concerns the article 12, paragraph j), of the present order, must justify is with indication of the performances subsidized to which is have accused, as sets the manual of instructions of justification.
4.7 will be eligible, as contained in article 31.1 of law 38/2003 of 17 November, expenditures that indubitable way respond to the nature of the subsidised activity, that they are strictly necessary and are carried out during the year 2013 and are effectively paid prior to the expiry of the deadline for justification laid down in paragraph 5 of this article. In any case the cost of these expenses may be higher than the market value.
4.8. in any case eligible the goods inventariables amortization expenses.
4.9. in the case of performance of work or provision of goods of equipment or provision of services by companies of consultancy or technical assistance, it will be provisions in article 31.3 of law 38/2003 of 17 November.
4.10 costs which, where appropriate, have been carried out during the year in which it was awarded, provided that they relate to actual costs of the activities included in the activities subsidised by the call be justified with charge to the grant received. In the event that the subsidised actions are continuity, only will be accepted charged to grant any cost resulting from the date of completion of the actual execution of the activity funded in the previous call.
4.11. when activities have been financed, in addition to with awarded subsidies to the calls that are carried out in accordance with this order, with own funds or with other grants, subsidies, income or resources, from any Governments or entities public or private, national, EU or international agencies, must register in the justification the amount the origin and the application of such funds to the subsidized activities.
5. the justification should arise, in within a month, counted from the date of expiry of the deadline of the activity referred to in article 12, paragraph b).
If the expired justification, the entity had not submitted documents, it will be required for that in the non-extendable term of fifteen days are provided, informing him that the lack of presentation of justification within that period shall entail the requirement for reimbursement and other responsibilities established in the law 38/2003, of 17 November, in accordance with article 70 of the Royal Decree 887/2006 , 21 July.
6. voluntary return. The return of all or part of the grant without the prior requirement of the management by the beneficiary will be at the General Directorate of the Treasury and financial policy or tax office corresponding to the registered address of the entity that is subsidized, and must refer to the awarding body the corresponding supporting payment card for payment.
In this case, if necessary, the Administration will calculate the interests of delay as foreseen in article 38 of law 38/2003 of 17 November, and so far occurred the effective return by the beneficiary, in accordance with the instruction Manual of justification.
Article 15. Liability and penalties.
Grant recipient organizations / entities shall be subject to the responsibilities and penalties which over subsidy administrative offences establishes the title IV of law 38/2003 of 17 November.
In addition, shall be subject to the provisions of title IX of the law 30/1992, of November 26, and in the Royal Decree 1398 / 1993, of 4 August, which approves the regulation of the procedure for the exercise of the powers to impose penalties.
Article 16. Refunds.
1. will proceed the returned of them amounts perceived and, in his case, of them income generated by them performances e interests accrued by it grant, as well as the requirement of the interest of takes corresponding from the time of the payment of the grant until it date in that is agreed it origin of the returned, in them alleged collected in them articles 36 and 37 of it law 38 / 2003 , of 17 of November.
Respect of the following should be taken into account:
(a) breach of the obligation of justification or insufficient justification, in the terms established in article 30 of the Act and in article 14 of this order. For these purposes, means as a breach, among others, the existence of a remnant of subsidy that has not been invested in the action without just cause. Furthermore, shall be deemed that there has been non-compliance, for the purpose of the provenance of the reinstatement, in those cases in which has had withheld payment of the subsidy as a result of a court order that thus is had ordered, under an embargo of quantities of grant, anyone who was his cause.
(b)) do not give adequate publicity of the public nature of the financing of the action, in the terms established in article 12, paragraph g), of the present order. Also, not meet them measures alternative established by the body awarding in the so-called planned in the article 31, point 3, of the Royal Decree 887 / 2006, of 21 of July.
(c) not meet them conditions imposed to them beneficiaries and the commitments assumed by these on the occasion of the award of the grant. To these effects is means as breach, among others, the application of the grant to concepts of expenditure different of which were established, without authorization of the body awarding.
(Also, the breach of the obligation of destination collection in the article 12, letter l) of this order, will be cause of returned.
(d) in the so-called referred in the last paragraph of the article 11 of the present order, will proceed the returned of the excess retrieved on the cost of the performance developed, together with them interests of delay, in accordance with it intended in the article 34 of the Real Decree 887 / 2006, of 21 of July.
As to the nature of appropriations to reinstate it will be to the provisions of article 38 of law 38/2003 of 17 November.
2. the procedure for reinstatement shall be governed by the provisions of articles 41 to 43 of law 38/2003 of 17 November, title III, chapter II of the Royal Decree 887/2006, of July 21, and title VI of the law 30/1992, of November 26, as well as by the provisions of this order (, being competent for processing and resolution the following organs: to) for their initiation, planning and instruction: the / RFK Directors General of services for the family and childhood and disability support policy, as appropriate.
(b) for their resolution: the Secretary of State for social services and equality.
Declarative default and provenance of the reinstatement procedure will start automatically as a result of the initiative of the competent body, revised once documentation justifying expenditure of the grant and not found complete and compliant in whole or in part, or before the detection of any of the remaining causes of reinstatement.
Also proceed the self-initiation of the procedure as a result of a higher order, the reasoned request from other bodies who have or not attributed powers of inspection in the field, or the formulation of a complaint. Also start as a result of the report of financial control issued by the General intervention of the administration of the State, resulting from application the provisions of articles 49 to 51 of law 38/2003 of 17 November, and in articles 96 to 101 Royal Decree 887/2006, of 21 July.
3. in the procedure shall be ensured, in any case, the right of the interested party to the hearing.
4. the term maximum for resolve and notify the resolution of the procedure of returned will be of twelve months from the date of the agreement of initiation. Said term may suspend is and expand is in accordance with it intended in the article 42, paragraphs 5 and 6, of the law 30 / 1992, of 26 of November.
If runs the term for resolve without is has notified resolution express, is will produce the expiration of the procedure, without prejudice of continue them performances until its termination and without is consider interrupted the prescription by them performances made until the completion of the cited term.
5. them resolutions declarative of breach and of origin of the returned put end to it via administrative, can filed is against them same resource optional of replacement before the Secretariat of State of services social e equality in the term of a month, to count from the day following to the of the notification of the resolution, or be contested directly before the order jurisdictional contentious in the form and time provided for in article 46 of law 29/1998, of 13 July, regulating the contentious jurisdiction.
If the procedure had commenced as a result of events that might consitute an administrative infraction, will be on knowledge of the body responsible for the initiation of the disciplinary procedure.
6 when the compliance by the beneficiary is approaching full compliance significantly and is accredited by this action unequivocally aimed at the satisfaction of its commitments, to reinstate quantity shall be determined, responding to the criterion of proportionality, by volume and degree of non-compliance with the conditions imposed on the occasion of the award of the grant.
Sole repeal provision. Repeal legislation.
Hereby repealed the order SPI/1166/2011, 28 April, establishing the regulatory bases of subsidies subject to the general system of grants from the General Secretariat of Social policy and Consumer Affairs.
First final provision. Suppletive law.
In matters not provided in this order, apply supplementary provisions in the law 38/2003, 17 November; in the Royal Decree 887/2006, of July 21, and in law 30/1992, of 26 November.
Available to finish second. Skill-related title.
This order is issued under cover of 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 the fulfilment of their constitutional duties, in accordance with article 149.1.1. ª of the Constitution.
Third final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, June 4, 2012, the Minister of health, social services and equality, Ana Mato Adrover.
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