Rules of Administrative Procedure of the social security
Posted by Manuel Casal | Section Regulations
The Government has approved the Rules of Administrative Procedure of social security (BOPA 87/21), which governs the administrative penalty and other cases have been instructed to resolve disagreements that may arise between the insured and the Andorran Social Security in the granting of benefits provided by Law 17/2008, October 3, social security , and the procedure for appeals against decisions of the Andorran Social Security.
Full text:
Decree approving the Rules of Administrative Procedure of the social security
Reason
The entry into force of Law 17/2008, October 3, social security, involves the adoption of various procedures, including administrative penalties and other records have been instructed to resolve differences that may arise between the insured and the Andorran Social Security in the granting of benefits provided by law. It also regulates the way against the decisions issued by the Andorran Social Security.
The application of these procedures requires a development regulation that regulates the issues related to the start of proceedings, the investigation and resolution, and appeals against the decisions and resolutions of the Andorran Social Security in relation to the procedures administrative.
A proposal of the Minister of Health, Labour and Welfare, the Government at its meeting on 25 November 2009 approves the Decree:
Sole Article
Approves administrative procedures of social security which comes into force the day after being published in the Official Gazette of the Principality of Andorra, notwithstanding negative effects from the entry into force of Law 17/2008, October 3, social security, for all that is favorable to the insured.
Rules of Administrative Procedure of the social security
Title I General questions
Article 1 Object
This regulation develops administrative procedures relating to cases concerning social security, with or without sanction order, planned to book IV of Law 17/2008, October 3, social security.
Title II. No disciplinary proceedings
Article 2 Definition
Regulated by this title the procedures relating to cases listed in Article 228 of the Social Security Act, provided that do not have a specific procedure is prescribed in regulations.
Home Article 3 of the dossier
The proceedings can be initiated automatically by the Andorran Social Security or at the request of the applicant, which may act through a representative.
The applicant is to have this account in accordance with the law.
Page 4 Top of files automatically
The proceedings begin automatically according to the general direction proposed in any area relevant to the Andorran Social Security, which corresponds to the statement.
Before the start of the file under the jurisdiction area of the Andorran Social Security can open a previous reporting period to meet the specific circumstances of the case, identify stakeholders and give them the opportunity starting the procedure.
The decision to initiate ex officio the proceedings must be notified to interested parties, which should be offered the opportunity to consult the dossier and present the allegations and the documents they deem appropriate in accordance with the Act.
Home Article 5 of the transcript at the request of the applicant
1. Interested persons may initiate administrative proceedings by a request addressed to the Andorran Social Security.
2. Applications must be completed on official forms provided by the Andorran Social Security for each type of record. The forms are available to interested parties at the offices of the Andorran Social Security and its Internet portal, and should be delivered to the Andorran Social Security with all sections completed and signed by the applicant.
3. Notwithstanding the foregoing, if the request to be present has no official form, the applicant may send a letter in which there necessarily must contain the following information:
- Personal data: name, date of birth, nationality and address
- Exhibition of the facts underlying the request
- Request that is submitted
- Date and place of application
- Signature of the applicant or his representative
4. The application must be accompanied by all documents that are required by law or in the official form, in addition to the applicant deems appropriate.
5. If acting for representation, you must provide documents that prove.
Article 6: Presentation and consideration of previous applications
1. Applications and accompanying documents must be submitted to the Office of the Andorran Social Security.
2. Upon receiving a request, the services of the Andorran Social Security check that it is properly completed and accompanied by necessary documents. Should any deficiency that can be solved at the same time, require the applicant to do so and, once solved the gap, support for processing the request. If the deficiency can not be solved at the same time, clearly indicate the applicant what the defective parts and how to complete, and will return the request to the fill properly.
3. When the entry of the application effects on the rights of the applicant and the services of the Andorran Social Security is not admissible the application in the cause referred to in paragraph above, delivered the applicant a document certifying the filing of the application, which will prove that date, provided the request is submitted again, successfully completed, within two months. This period may be extended by the Andorran Social Security additional two months if the amendment of the gap is delayed for reasons not attributable to the applicant.
In these cases, and the effect of starting the calculation of the period for resolution by administrative silence and laid down in Article 9, shall be deemed the date of submission of the application will be the date has agreed to hear.
Section 7 Statement of proceedings
1. Declared admissible an application, the relevant area of the Andorran Social Security acting as instructor of record verifies that the applicant, the contents of the request and the documents presented comply with regulatory requirements and, in general, that the request is made is adjusted right, and the general direction proposed adoption of a favorable resolution.
2. If, once declared admissible the application, the instructor observes that the file is not properly completed, it lacks any document, or that the request is made is not well defined, shall require the applicant to remedy the deficiencies or submit the missing documents, and extending the deadline one month to resolve the request.
3. If the instructor of record evidence that the applicant does not meet any regulatory requirements or, in general, the request does not fit right, proposes to the general direction, motivated by a report, adopted a resolution rejecting .
4. Whether the proceedings initiated ex officio as a request, before adopting the resolution the Andorran Social Security records to notify anyone interested that has not been previously notified that they may inform and present the allegations and the evidence it deems appropriate to your right.
5. The general direction of the Andorran Social Security may delegate his signature on the terms provided in the Act.
Article 8 Provisional Measures
Initiated any procedure, the general direction of the Andorran Social Security may adopt, ex officio or upon request by the interim measures it deems appropriate to ensure effective resolution.
Article 9 of Resolution
1. The records must be resolved within a maximum period of two months from the date of commencement of office of the proceedings or the filing of the application.
2. The resolutions issued by the competent authority must be explicit and justified and must be notified in the manner provided in the law of social security to those interested.
3. Decisions involving a rejection of the claims of the applicant must inform the administrative and jurisdictional that may be made against decisions rejecting, as well as the deadlines for filing them.
4. The payment of the benefit or the right may be requested to consider a decision to accept the request, for all purposes.
5. After a period of two months from the filing of an application without having notified the corresponding resolution, this is considered tacitly denied by administrative silence, remains open and the deadline for appeal is filed. If the applicant has been notified to the extension of the deadline to resolve the resolution implied by silence occurs on the day the extension expires.
Article 10 Implementation of the favorable resolution
1. If the decision is favorable to the granting of a benefit or a right to payment, the Andorran Social Security order its liquidation.
2. If the decision is favorable to the granting of a benefit of meritament newspaper, the Andorran Social Security issues a periodic payment order. The first payment is the amount for the period from the date specified in Article 6.3 or the submission of the request, and the proceedings started ex officio, from the date of the favorable resolution .
3. If the decision is favorable declarative content or establishing rights, unless the particular law or regulation provides otherwise, these will become effective on the date specified in Article 6.3 or the date of filing the application, if is ex parte, or the date of the favorable resolution in case of processing trade.
4. In particular lack of provision in the regulations governing the benefit or right granted by the favorable resolution of the issue, renewal, amendment, suspension, termination or any other incident that affects the provision or the right s' must apply through a new record, according to the provisions of this Regulation.
However, in the event of modification of the amount of a benefit that affects a number of persons as a result of applying them to all the same criteria for modification, the Andorran Social Security will replace the file individual to individual notification of the administrative decision, which may be appealed.
Title III. Sanctioning
Article 11 Definition
Regulated by this title the procedures relating to disciplinary proceedings in order to regulated first chapter, Title III of Book IV of the Social Security Act, the processing of which is required to impose sanctions for breaches in social security.
Article 12 Initiation of disciplinary proceedings
1. The agreement relating to the initiation of disciplinary proceedings against the Directorate General on the recommendation of the Administrative Control Department of the Andorran Social Security, under the acts carried out by these services in the development of its control functions, or the complaint filed by an applicant or a representative of an organization or business association.
2. Before the start of proceedings under the Administrative Control Department of the Andorran Social Security can open a previous reporting period to know the facts and circumstances of the alleged offenders and to identify those responsible, a After this period, has proposed opening the file or record of the proceedings.
Article 13 of the statement of objections
1. From the documentation and the findings drawn from the proceedings practiced that have been the basis for the initiation of disciplinary proceedings, the Administrative Control Department prepares a statement of the minimum content referred to in Article 251 of the Social Security Act.
2. In the statement of objections also must include, if applicable, documentation and data relating to payments for debts and other debts not paid social security, whether derived from the facts that have led to the initiation of disciplinary proceedings.
Article 14 Notice of initiation of the proceedings and the statement of objections. Allegations
The agreement to initiate the application, together with the Statement of Objections was notified to the person alleged infringer, who has a period of ten working days from the notification date to see the transcript , to claim to understand everything that comes in defense of their interests and provide the documentation and the proposed test as it deems appropriate.
Article 15 The processing of the disciplinary proceedings
1. The instruction and the processing of disciplinary responsibility of the Department of Administrative Control of the Andorran Social Security, you can make and practice the steps necessary to verify and clarify the events of the case.
2. Anytime proposal of the Department of Administrative Control of the Andorran Social Security, general manager may take the precautionary measures that are necessary to ensure the effectiveness of the final resolution may lie.
3. After the instruction, the Department of Administrative Control of the Andorran Social Security has to raise the result to the general direction and shall issue a resolution which shall contain at least the following sections :
- The identification of offenders and other persons deemed responsible or charitable subsidiary
- The description of the acts constituting infringement, detailing the date of
- The offense or offenses committed
- The assessment of the allegations presented, if any
- The evaluation of the evidence or, if applicable, the reasons for the rejection of the practice
- The proposed main and accessory penalties, to graduation, if applicable, and the quantification of the penalty for each violation
- Final approval of proposals for settlement of dues payments, debts and other charges arising from actions that constitute an offense, if applicable
- The proposal to file the transcript, if applicable,
4. If the investigation reveals details of the record or information that may be relevant to the resolution, the Department of Administrative Control of the Andorran Social Security provides a procedure for hearing interested parties before issuing the proposed decision .
Article 16 Resolution
1. After the statement of the disciplinary proceedings, the General Directorate of the Andorran Social Security issued a reasoned decision within a maximum period of two months from the time when this ends.
2. The resolution has to vote on all paragraphs contained in paragraph 3 of the preceding article.
Article 17 Notification of resolution
1. Relapse in sanctioning decisions must notify all persons interested in the disciplinary proceedings by any of the procedures regulated in Article 253 of the Social Security Act.
2. Regarding the practice of notification, duly authorized staff to understand how both the personal service of the Andorran Social Security, the staff of companies contracted by the Andorran Social Security for the provision of this service.
3. The notification must inform individuals about the administrative and jurisdictional appeals that may be made against the decision and the deadline for filing them, and if fines are imposed, must report the amount be paid and the period for voluntary payment, as well as penalties and interest that may be payable for non-payment within the voluntary period.
Article 18 Effects of resolution
1. Final decisions in disciplinary proceedings are issued immediately.
2. Financial penalties imposed on the merits of a sanction is levied following the procedure established by the Rules of Procedure collector.
Title IV. Resources
Article 19 appeal
Against the decisions and resolutions of the general direction of the Andorran Social Security in relation to administrative procedures, with or without the sanction order, the applicant may appeal in accordance with the general rules of the Administrative Code and Special Title IV of Book IV of the Social Security Act.
Article 20 Access to the judicial
1. Upon the filing of administrative appeal before the Board of Directors is a necessary requirement for access to the judicial.
2. Against resolutions express or implied of the Board may appeal within thirteen days before the administrative jurisdiction in accordance with existing procedure.
Which is published for general knowledge.
Andorra la Vella, 25 November 2009
James Bartumeu Cassany
Head of Government
Tags: social security
