Portal de Lorca
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The State Attorney's Office in Murcia has issued a report on the term available to the Administration to request the return of aid granted on the occasion of the May 2011 earthquakes and that gives the reason for the affected Platform.
It maintains that, in the majority of cases, the CARM's right to demand the reimbursement of the aid has prescribed.
The report, which was made public last night in a new assembly of the platform by the Delegate of the Government in the Region of Murcia, Diego Conesa, determines that "once six months have elapsed since the completion of the works", they begin to count the four years for the prescription.
The verification of the course of this period, therefore, necessarily involves the analysis of each file, which will take into account the end date of the works.
On the contrary, and up to now, the CARM applies a general term of one full year (the time that those affected had to carry out rehabilitation work, whether they had exhausted it or not), plus six months of justification, and then the four years for the prescription.
The calculation of the CARM does not take into account, for example, the situation of those affected who carried out the works before granting the aid, an assumption that is provided for in the Decrees that regulate these subsidies.
In that case, according to the State Attorney, the term for the calculation of the prescription would begin to count "after three months from the notification of the Resolution of the granting of the aid".
The Legal Profession of the State establishes, thus, the same criteria defended by the platform, by prestigious jurists consulted by this one, and also by the own legal services of the City council of Lorca.
In this regard, the councilor of Izquierda Unida-Verdes de Lorca, Gloria Martin, has been in contact early today with the Mayor of Lorca, Fulgencio Gil, so that the Consistory urges the CARM to modify its particular criteria and apply the one defended by the State Advocacy and the City Council, something that the first mayor will personally do.
"We believe that the easiest way to resolve this issue is that, based on this report, the CARM will determine ex officio which files have been prescribed, proceed to its filing and communication to interested parties," said Martín.
An idea that also coincides with the secretary general of the Lorca socialists, Diego José Mateos, also present at the assembly yesterday and to which Martin thanked the efforts made with the Government Delegation.
Aid to the rent and interests of the State
Regarding the claim by the state party of interest for late payment (the CARM condoned theirs to those affected), Martin explained to the Government Delegate that some neighbors already have orders of urgency warning of an upcoming embargo on this issue.
Conesa recalled that the CARM is the Administration that is responsible for the processing of aid and that "the State has not given instructions that nothing is required of those affected."
Martín recommends to those who find themselves in this situation (they are people who returned the aid and who are only pending from the interests of the State) who present a recourse to the measures of compulsion to "gain time" until the proposal of Law presented this week by the Popular Group in the Congress of Deputies, in order that the Government of Spain also condone its share of the interests of earthquake aid.
In this regard, the mayor of IU-Greens reminded that these interests are not attributable to those affected "who are not at fault that the regional administration has delayed years in the administrative processing of the files."
Regarding the aid for rent contemplated in the extension of the agreement between the Ministry of the Interior and the Government of the Region of Murcia, Martin warned Conesa that this document, which establishes a maximum of 72 months of aid for this concept, contravenes the provisions of Royal Decree-Law 6/2011.
According to this norm, the aids to the rent for people that had to confront the demolition of their habitual residence, "are prorrogables until it is possible the reconstruction of the house or the disposition of a new one".
The Government Delegate was interested in this issue and undertook to try to resolve it within the Joint Commission.
Gloria Martín moved the "satisfaction" of the members of the platform that, "little by little and based on a lot of determination, are seeing the beginning of the end of this nightmare", but lamented "that many people are going to stay on the road" because from the beginning they did not have good advice and they were forced to return the aid.
"We have to look ahead but we must take note of the mistakes made so that this does not happen again," he concluded.
Source: IU-verdes Lorca
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