December 12, 2018

The Justice asks to process aid of urgency to the neighbors of Utebo although they have debts with the City council

The Justice asks to process aid of urgency to the neighbors of Utebo although they have debts with the City council

The Justice of Aragon, Fernando García Vicente , has asked the City Council of Utebo to process the emergency aid requested by its neighbors, regardless of the debt they may have contracted with the municipality.

In a suggestion, the Justiciazgo asks the consistory to communicate within a period of no more than one month if it accepts its proposal and, in case it does not, the reasons on which it bases its refusal.

The institution was aware of the denial of emergency aid by the City of Utebo to those local residents who had incurred a debt with the Local Administration and that, due to their precarious situation, were in need of requesting these benefits.

For this reason, it was agreed to officially initiate a file in January of this year, and the Justiciazgo went to the town hall to gather information. On April 9 a response was received from the town hall indicating that this institution “does not have its own powers to grant emergency aid”, but receives the delegation of the management of the competition, through an annual agreement that on that date still it had not been signed, with the Aragonese Institute of Social Services .

Therefore, the consistory processes petitions and requests of citizens as direct grant grants, referring in its processing to the general provisions on public subsidies that establishes that beneficiaries must meet a series of requirements, including being up to date. your tax obligations.

In any case, “the applicants in whose verification are debtors with the entity, are guided and assisted in the request either deferral or fractionation as appropriate for the case,” explained the consistory.

SOCIAL WELFARE DEPARTMENT

The Justice, after knowing this answer, went to the Department of Health, Social Welfare and Family of the Government of Aragon that nuanced that, although the city council does not have own competitions to grant aid of urgency, the Aragonese Executive delegates annually the management of these resources through the collaboration agreement to maintain basic social services.

On the need for the applicant to be aware of their tax obligations, the Department indicated that “nothing is established neither in a positive nor negative sense” in this respect in the regulations and, in addition, the decision of the consistory can be appealed.

“WRONG”

For Justice, the point from which Utebo City Council departs for the denial of this type of funds “is wrong” when dealing with emergency aid as subsidies, with the consequent application of the General Subsidies Law, “when in reality we are before different concepts, since the aids have a social nature, a characteristic that does not always have to occur in the matter of subsidies “.

The report issued by the Government of Aragon “is key” to remember that the regional government delegates to the municipality the management of these aids through the agreement by which the Social Service Base of the area is maintained, is “the management of social services general and certain specific programs of social services, including expressly the emergency aid “.

Thus, although it is true that the regulations leave the local authority to decide the criteria to be applied for the granting or denial of these aids, “the truth is that relying on the General Subsidies Law does not seem the most appropriate when it is being treated. of urgent aids, destined to people who, due to the difficult situation they may go through, are forced to contact the Social Services to be assisted even if it is punctual “.

Therefore, Justice has concluded, “require these people not to have outstanding debts with the City Council of their town, when it is clear that if they apply for emergency aid is because they need a way to pay the daily expenses, it results in certain Incoherent mode. ”

“It would be enough for the City Council of Utebo to apply the provisions of the regulations relating to the Ordering of Social Action in matters of emergency aid, which says nothing about the need to not have any debt pending with the Administration”, stressed García Vicente.