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The councilor of Izquierda Unida-Verdes, Gloria Martin, has also warned that those who take the path of justifying the presentation of a technical report on housing, will be required to present proof of payment, which means a "terrible obstacle" for those affected

The councilor of Izquierda Unida-Verdes, Gloria Martín, has reported the meeting held this morning with the General Secretary of the Ministry of Development, Yolanda Muñoz, in which she has participated together with representatives of the Platform of Affected by the Return of Aids of the Earthquakes (PADAT) of Lorca.

Martín has provided to the number two of Development a document where they express all the doubts regarding the process of massive reimbursement of the aid started nine months ago by the Autonomous Community of the Region of Murcia (CARM), when I had already completed the sixth anniversary of the tragedy, what for the mayor of IU-Verdes is "absolutely extemporaneous".

PRESCRIPTION

In the opinion of IU-Verdes and PADAT, and as set forth in Law 7/2005, of November 18, on grants from the CARM, the right of the Administration to recognize or claim the reimbursement of the aid prescribes 4 years (Art. 33).

On the other hand, article 33.2 a) of the Law of Subsidies of the CARM stipulates that said period shall count "from the day following that in which the period to present the justification by the beneficiary expired".

Exactly in the same sense are expressed articles 39.1 and 39.2 a) of Law 38/2003, of November 17, General of Subsidies.

For IU-Greens and the PADAT, when the deadline to justify the subsidy expires and, therefore, they begin to compute the four years for the prescription, it takes place six months after the completion of the works (three months counting from the notification of the resolution of the aid if the works were carried out before the granting of the latter), as is stated in article 10.3 of Decree 68/2011, of May 16, which regulates the aid for the repair and reconstruction of the affected housing: The justification on the part of the recipients of the fulfillment of the purpose for which the aid was granted, will be carried out within six months following the completion of the works and, in the case of works already carried out, within three months of the notification of the Resolution if it has not been done prior to its granting.

However, the CARM is still unclear what is the criterion to apply and says that the justification period expired twelve months after the granting of the aid, which in reality was the one that those affected had to carry out the repair works and that in most cases it was not exhausted because the victims had an urgent need to return to their homes.

Martín has tried to explain to Muñoz and his legal cabinet the illogical nature of that interpretation and has asked them to comply with the law.

However, the councilor of Izquierda Unida-Verdes tomorrow ask the City of Lorca to request the Legal Council of the Region of Murcia an optional opinion to clarify this issue, which affects more than 80% of cases of PADAT.

It has also demanded that the Administration, ex officio, inform those affected whose help has prescribed.

TECHNICAL REPORTS

Martin expressed his bewilderment because after the announcement made last week by the councilor of Earthquakes, Saturnina Martinez, who assured, as requested by IU and PADAT, that technical certificates will serve to justify the use of housing aids sinister, Yolanda Muñoz has assured them that said reports will not serve "if they are not accompanied by proof of payment".

In this regard, the mayor of IU-Greens has reminded that these certificates are being issued precisely because many affected have no access to invoices or proof of payment after disappearing companies that executed the works or the refusal of some of these to provide such documentation after so long.

"It should be enough to check that the aid money is in the plaster, in the paint, in the tiles and in the pillars of the house," said Martín.

As a solution, and in the worst case, the councilor has asked Muñoz to allow those affected to provide sworn statements as a way to credit these payments.

LIMIT OF AID

Many affected are being required to return the aid because the sum of the public subsidy and the compensation of the Insurance Compensation Consortium (CCS) - to which they were entitled under a private insurance policy, either housing or of the community of owners- exceeds the assessment of damages made by the CARM.

About this, Martin explained that, according to Article 13 of Decree 68/2011, the limit of the sum for both concepts is "the real cost of the works" and not the valuation of any agency.

"Neither in this nor in any other norm is warned that the justification must be made based on the valuation with which the grant awarded was calculated", as is now intended by the administration with evident violation of the principles of legality , legal security, interdiction of the arbitrariness and unique inderogability of the regulations ", explained Martín.

ANOTHER QUESTIONS

IU and PADAT have also asked for clarification on how the amount to be returned is calculated by those affected.

"We find cases of people who have provided invoices and proof of payment for an amount greater than the amount of money they receive, and they still inform them that they have to return part of it." They have also informed Yolanda Muñoz about the expiration of reinstatement procedures initiated in 2015. They were not finalized by the CARM within the term established by law (12 months) .They have also requested that the problems of those persons who have not been deducted from the compensation of the CCS received for the settlement and replacement of content.

Finally, Martin has asked the General Secretary for Development to be interested in the situation of the residents of the Atenea building, in the street Albañilería de La Viña, who the construction company (Barea) left "thrown" without finishing the works and without provide invoices, so now they have no way to justify the money they gave to that company.

Source: IU-verdes Lorca