The tenacity, persistence, almost obsessive criticism of Antonio Moreno receiving awards by the Supreme Court. A statement of the social hall last resort rejects the Institut Català d'Assistència i Serveis Socials (ICASS) of the Generalitat and Antonio Moreno will recognize the right to receive the aid to the Unit with retrospective effect from the adoption of law and not from the regulation gave the green light, five months later.
The order of the Supreme validates failure former High Court of Catalonia (TSJC) that last March and found in favor of Antonio Moreno in the lawsuit brought on behalf of his son Alexander Moreno Saludes, recognized with a level III unit, level 2, compared with the Generalitat. Unit law came into force on January 1, 2007 but it was not until five months later when they began to pay aid once adopted rules that set the scales of assessment. But Antonio Moreno called the delays in considering his problem was not lack of scales and also the law set a maximum period of three months for implementation.
His first claim to court social as Barcelona was dismissed, but later reversed the decision TSJC. The Government filed an appeal to the Supreme Court and lost. Now the sentence is final and opens the door for all the great dependents who requested the service in May 2007 to collect arrears by filing petitions for review with the Department of Welfare i Família, current name of the Department. Failure to perceive this simple administrative procedure could also bring an action before the courts. According to legal counsel Antonio Moreno, this claim should be made within two months and for that reason has and called on its partners to submit the application in the Department of Welfare. In any case, they recognize that this claim would be valid only for those who made the request in the period immediately following adoption of the rules, and that as much could be extended to two months, then it follows that he was delayed in its application more it did so voluntarily and is no longer entitled to such retroactive effect. More doubtful is whether the resolution will allow affected communities to act in the same direction. In fact, only in Navarre began to pay two months earlier. The problem is that these other communities have been complaints by the contentious-administrative and it is not clear that the jurisprudence of the social is automatically applicable.
"The important thing," says Antonio Moreno-not the amount received, which in my case is of 2,435 euros, corresponding to the amount of 477 euros a month for carers to provide the five months since the passage of the law , but a recognition that things were not right, and with that I am satisfied. " Josep
La Vanguardia
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