This royal decree develops the forecast made by Law 26/2009, of 23 December, of the General Budget of the State for the year 2010, in its additional fiftieth-seventh provision, in relation to those during the period 1960-1965 suffered malformations during the gestation process as a result of the ingestion of thalidomide by the pregnant mother.

It is intended to respond to the need for recognition and solidarity support for people affected by the active substance "thalidomide" over the period indicated, according to the different personal situations that exist in each one of them, and it comes with the line followed by the majority of countries in our environment, where solidarity schemes have been established to help the people affected.

This royal decree is given by virtue of the power conferred on the Government in paragraph 3 of the additional fiftieth-seventh provision of Law 26/2009, of 23 December, of the General Budget of the State for the year 2010, and under the provisions of article 149.1.1. of the Constitution, which attributes to the State exclusive competence on the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of the rights and in the fulfilment of constitutional duties.

In the preparation of this provision, the sectors concerned have been consulted.

In its virtue, on the proposal of the Minister of Health and Social Policy and the First Vice President of the Government and Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of July 30, 2010,

DISPONGO:

Article 1. Object.

This royal decree aims to determine the scope, conditions and procedure for the recognition and payment of aid to the people affected by thalidomide in Spain, during the period 1960-1965.

Article 2. Beneficiaries.

They will be entitled to receive an aid, the concession of which is regulated in this royal decree, exclusively and for one time only, those persons who meet the following requirements:

1. Having suffered from bodily malformations during the gestation process in the period 1960-1965, the origin of which cannot be ruled out that it may have been produced by the intake of Talidomide in Spain by the pregnant mother.

2. That the diagnosis provided by the provisions of the previous paragraph has been carried out by the Carlos III Health Institute, a self-governing body under the Ministry of Science and Innovation.

3. For persons born abroad, the pregnant mother must have resided in Spain in any period from 1960-1965. The applicant shall also not have received, in the country in which he was born, an aid or benefit for purposes similar to that in this royal decree.

Article 3. Amount of the aid.

The amount of the aid to be collected will be the amount corresponding to the following table and the degree of disability accredited:

a) A single payment of € 30,000 to those affected with a disability degree of 33 per cent up to 44 per cent.

b) A single payment of 60,000 € to those affected with a disability degree of 45 per cent up to 64 per cent.

c) A single payment of 80,000 € to those affected with a disability degree of 65 per cent up to 74 per cent.

d) A single payment of € 100,000 to those affected with a disability degree of 75 per cent or higher.

Article 4. Funding.

The aid provided for in this royal decree will be financed from the budget appropriation in the budget of expenditure of the Institute of Older and Social Services for the year 2010 with the following breakdown: 3591.4870.8. Not contributory. "Social benefits to those affected by thalidomide".

Article 5. Application and deadline for submission.

The applications will be made by the interested persons or, if appropriate, their legal representatives, from the day of the entry into force of this royal decree until the 30th of September 2010, both inclusive, and will be directed to the Director-General of the Institute of Older and Social Services (Imserso), formalizing in the official model that is listed as an annex to this standard.

Applications may be filed in the register of the Imserso, Avenida de la Enlightenment s/n, c/v a Ginzo de Limia, 58, 28029 Madrid, as well as in the registers and offices referred to in Article 38.4 of Law 30/1992, of 26 January 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

You will also be able to submit applications through the electronic records of the General Administration of the State.

Elapsed time of filing provided for in the first paragraph of this article, without having submitted an application, shall result in the expiration of the right and its subsequent extinction.

Article 6. Documentation.

The requests will be accompanied by the following documents, originals or in authenticated copy:

a) Proof of the identity of the requesting person.

b) Proof of the identity of the person holding the legal representation, if any.

c) Accreditation of legal representation, if any.

d) Certificate of Birth issued by the competent Civil Registry, certifying that the applicant was born between January 1, 1960 and September 30, 1966, both dates inclusive.

e) For people born abroad:

1. The residence of the pregnant mother in Spain in any period from 1960-1965.

2. No affidavit of failure to receive, in the country in which the birth occurred, an aid or benefit for purposes analogous to that regulated in this royal decree.

(f) Resolution of recognition of the degree of disability issued by the Imserso or the competent body of the respective autonomous community which has received the transfer of the functions and services of that person, or where appropriate, application for recognition of the degree of disability.

g) A diagnostic report issued by the Carlos III Health Institute, a self-governing body under the Ministry of Science and Innovation, accredited to the requirement set out in Article 2.1 of this royal decree.

h) Bank certification or any other document that accredits the entitlement and the bank code of the current account that is entered in the application for the recovery of the aid.

With regard to the documentation required under points (a), (b), (d) and (f), the submission of the application involves the authorisation of the lmserso to be directly collected, unless the person concerned does not lend its consent, in which case it shall provide original or authenticated copy of the relevant document.

Article 7. Instruction.

1. Upon receipt of the request, together with the remaining documentation required, the General Directorate of the Imserso shall carry out any action it deems appropriate for the verification of the alleged facts or data.

To this end, in order to clarify the nature and extent of the disability of the person concerned, the background, data or reports which may be contained in the relevant health services may also be collected, as in other records where they may have been placed on record, always with full submission to the regulations governing the personal data.

2. If the application is incomplete because it does not accompany the documentation referred to in the previous Article or does not meet the requirements of Article 70 of Law No 30/1992 of 26 November, the applicant shall be required to agree with the provisions of Article 71.1 of the aforementioned Law, so that within ten working days of the absence or accompanying of the required documents, it shall be given that, if it does not do so, it shall be given the withdrawal of its request. notification of the decision to be made in accordance with the terms of Article 42 of that Law.

Article 8. Assessment of disability.

For the qualification of the degree of disability it will be mandatory and binding the resolution of recognition of the degree of disability issued by the Imserso or the competent organ of the respective autonomous community received the transfer of the functions and services of that person.

In the event that a request for recognition of the degree of disability has been applied for and the contribution of the person concerned is delayed for reasons other than the applicant or, where appropriate, his legal representatives, the initiation of the procedure with the application for recognition of the degree of disability made before the competent body. In this case, the suspension of the procedure, as provided for in Article 42.5.d) of Law No 30/1992 of 26 November 1992, will be carried out for the time necessary for the transposition of the resolution to end the procedure. procedure for the declaration and qualification of the degree of disability.

Article 9. Resolution.

1. The Director General of the Imserso shall give the relevant decision, which shall be notified to the person concerned within the maximum period of six months from the date on which the application has entered the register of the body. competent.

2. After that period has elapsed without the decision being given and the decision notified, the person concerned may understand his application for administrative silence, in accordance with the terms laid down in Article 43 of Law No 30/1992 of 26 November 1992.

3. The decision shall put an end to the administrative procedure, and may be brought against it, a remedy for the replacement of the Director-General of the Imserso within one month from the day following that of the notification of the decision. or may be directly challenged before the administrative court order, in the form and time provided for in Law 29/1998 of 13 July, regulating that jurisdiction.

Article 10. Payment of the aid.

The payment will be made by the General Directorate of the Imserso, by means of transfer to the current account or ordinary book, opened in the name of the beneficiary person, entered in his application.

Article 11. Compatibility of the aid.

The perception of this aid will be compatible with any public pension that the recipient would be entitled to.

Final disposition first. Competence title.

This royal decree is issued under the provisions of Article 149.1.1. of the Constitution, which attributes to the State exclusive competence over the regulation of the basic conditions that guarantee the equality of all Spanish in the exercise of rights and in the fulfilment of constitutional duties.

Final disposition second. Extra duty.

As not provided for in this royal decree, the provisions which, in the area of administrative procedure, are regulated by Law 30/1992, of 26 November, will be applied.

Final disposition third. Enabling regulatory development.

The holders of the Ministries of Health and Social Policy and the Presidency are entitled to dictate the provisions necessary for the implementation and development of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 5 August 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

Here are several images in the original. See the official and authentic PDF document.