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IU demands the application of the prescription to the records of return of aid from earthquakes (21/03/2019)

The councilor of this training, Gloria Martin, explained that, meanwhile, dozens of affected continue to receive orders of urgency from the Tax Agency urging them to return the aid, which are subject to significant late payment interest and surcharges.

This means some neighbors have to pay up to 40% more than what they initially received as aid, which the mayor calls "usury"

Councilor for United Left, Gloria Martin, today demanded the Regional Government Development Ministry to begin to apply to those affected by the return of earthquake aid the prescription criterion endorsed by the legal services of the City of Lorca and of the own Autonomous Community of the Region of Murcia, as well as of the State Advocacy.

Despite the fact that the three administrations with responsibility for aid already agree on how the prescriptive computations defended by Izquierda Unida should be applied from the start, the affected platform still has no formal knowledge that any dossier has been closed. this cause.

Meanwhile, dozens of affected people continue to receive orders from the Tax Agency urging them to return the aid, to which important late payment and surcharges apply.

This means that some neighbors have to pay up to 40% more than what they initially received as aid, which Martín called "usury".

In her appearance, the councilor of Izquierda Unida was accompanied by Alfonso Lizarán, a 76-year-old resident of Lorca who receives a monthly pension of 1,025 euros.

The Autonomous Community granted him an aid for the repair of his house of 9,500 euros that, after the application of surcharges and interests of the State, has increased to 13,367.95 euros.

That is, 3,867.95 euros more than the amount of the original aid.

Alfonso had to ask for a fractionation of said payment in 24 monthly installments of more than 550 euros.

Therefore, over the next two years he will have to use more than half of the pension that he and his wife live on to repay the aid.

This neighbor spent more on the repair of his home than he received from public assistance and compensation from the Insurance Compensation Consortium, which can also be credited with bills of legal tender.

It must be taken into account, said Martín, that the expert evaluations carried out after the earthquakes were inaccurate since they did not take into account the appearance of the damage that appeared after the settlement of the land.

However, this fact was never taken into account and now the Administration "sticks to the fine print that regulates these subsidies and that was not explained to those affected," said Martín.

"Nobody gave the neighbors a copy of the expert appraisal, no one told them what elements of their homes they had to repair, or in what terms, or what documentation they had to prove later." Nobody explained the obligations they contracted when accepting an aid that, eight years after the tragedy, it has become the cause of economic ruin for hundreds of Lorca families. "

In this regard, he recalled that the victims received a simple letter indicating the aid granted and who financed it, which seems to be the important thing. "All because, after the tragedy, the world had to be made to believe that those affected did not they would be alone, which would have the support of the central and autonomous governments that, almost eight years later, are the same ones that are "bleeding alive" to those affected.

Like all the victims in his same situation, Alfonso filed an appeal for reinstatement with the order for reinstatement of the Ministry of Development, and also requested the suspension of the liquidation as a precautionary measure on the understanding that it could cause an injury impossible or difficult repair.

Although Fomento has still decided on this appeal and on the request for suspension, this body ordered the Tax Agency to collect the debt through executive channels.

For Martin, that the Treasury issued an order of urgency on a liquidation contested in the administrative channel, and for which the suspension of the execution has been requested without it having been resolved, violates Articles 9, 24.1 and 106.1 of the Constitution, contravening legal security, the right to effective judicial protection and the prohibition of defenselessness, as well as the submission of administrative activity to the control of legality.

This is what the laws and jurisprudence say, and they have told the Tax Agency with new resources that have not yet been answered.

In this regard, Martin described as "cruel" and "abusive" the use of administrative silence to punish those affected and recalled that the acts of the Public Administrations are null and void when they are issued "totally and absolutely disregarding the legally established procedure" .

The file of Alfonso Lizarán, like many others, is susceptible to file by prescription, which Martin has demanded that it be done "immediately", so as not to prolong the suffering of those affected.

In addition, Martin has asked the Mayor of Lorca, Fulgencio Gil, to intercede with the Ministry of Development to address this issue.

In this regard, he reported that this morning Gil has confirmed that next week the General Director of Planning, Architecture and Housing, José Antonio Fernández Lladó, will meet in Lorca with those affected.

"We appreciate the Mayor's good will but the time is running out and we will no longer settle for good intentions, but rather for realities."

"Either they apply the laws or we'll go back to the protest," Martín concluded.

Source: IU-verdes Lorca

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