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The PSOE asks to apply the new doctrine of the Supreme on expiration of files of reinstatement that benefits those affected by the earthquake (18/04/2018)

The PSOE has requested in writing to the CARM that, for those affected by the return of aid for earthquakes, the judgments of the Supreme Court are applied, which establish that the Administration can not issue a valid ruling on the merits of a reinstatement proceeding. subsidies that have expired.

A very good news, since a large number of files are expired and you can not continue with the procedure and agree to the reimbursement of aid to the victims

The councilor of the PSOE in the City of Lorca, Antonio Navarro wanted to echo the Supreme Court Rulings 436/2018 and 438/2018, of March 19, 2018, which have established a new interpretation of the Law of Subsidies, in Regarding the effects of the expiration of the refund files and that, if they wanted to apply them, they would benefit those affected by the problem of the return of the aid for earthquakes.

According to Navarro, these dictate the annulment of the administrative resolutions adopted in two procedures for the reimbursement of subsidies, due to the expiration of the expiration period of 12 months, foreseen in article 42.4 of Law 33/2003 General of Subsidies.

This modifies the doctrine given in the Supreme Court Judgment of July 30, 2013, which interpreted the aforementioned precept to the contrary.

In both resolutions they have established that the Administration can not issue a valid resolution of the merits in a reinstatement procedure that has expired, and in this way, the Third Section of the Third Chamber of the Contentious-Administrative Supreme Court "considers that in order to adopt a resolution of this type, it is obliged to initiate a new procedure, provided that the prescribed limitation period has not elapsed. "

It is therefore a "very good news" for those affected by the procedures for the reimbursement of aid from the CARM for the repair of housing, since a large number of files "are expired and can not continue with the processing and agree on the reimbursement of aid to the victims. "

In the line that the PSOE maintains work and advice for those affected by the problem that has led to the justification and order of reimbursement of these aids, the Socialists have demanded, in writing, both the City of Lorca and the Ministry of Development of the CARM that "immediately" all the cases initiated are reviewed, and the automatic expiration of the files in this situation is automatically declared.

Source: PSOE Lorca

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