Ministerial Agreement 009-C-SEDESOL-2022
Poder Ejecutivo
- Decree: Ministerial-009-C-SEDESOL-2022
- Published: November 16, 2024
- Issuing body: Poder Ejecutivo
- Gazette: 36,691
- Category: Administrative
Summary
This law creates regulations that establish how the Social Benefit Fund for Persons of the Ministry of Social Development works. It defines the procedures for requesting financial assistance in health, education, food, funeral expenses, and emergencies, with amounts up to L 300,000.00, and creates a technical committee to review and approve requests from people in situations of poverty or vulnerability.
Considerations
Whereas according to Article 59 of the Constitution of the Republic "The human person is the supreme end of society and the State. All have the obligation to respect and protect it".
Whereas in accordance with Article 246 of the Constitution of the Republic "The Secretaries of State are organs of the General Administration of the Country and depend directly on the President of the Republic".
Whereas according to Article 36 of the General Law of Public Administration, the duties and common attributions of Secretaries of State include, among others, to "Orient, direct, coordinate, supervise and control the activities of their respective offices [...] Issue the agreements and resolutions on matters within their competence and those delegated to them by the President of the Republic".
Whereas through Executive Decree Number PCM-05-2022, in its Article 11, the Secretariat of State in the Office of Social Development is created, to establish the social policies of solidarity, inclusive and violence-free Honduras.
Whereas through Legislative Decree Number 30-2022, which contains the modification of the General Budget of Income and Expenses of the Republic and its General Provisions, Fiscal Year 2022, in its Article 11, the budget is allocated to the Secretariat of State in the Office of Social Development for the Fiscal Year 2022.
Whereas the Framework Law on Public Policies in Social Matters emphasizes that the action of the State must be directed especially to the population in conditions of extreme poverty and vulnerable groups, guaranteeing the full exercise of social rights under principles and general guidelines to which the authorities of State institutions must be subject.
Whereas the Secretariat of Social Development has as strategic objectives: To implement the design and evaluation of public policies in order to achieve greater effectiveness and efficiency of the social protection system, which guarantee the enjoyment of social, economic, cultural and environmental rights of groups in situations of poverty, extreme poverty and vulnerability in Honduras. To promote the universalization of policies, plans, programs and projects in social matters, through coordinated and articulated actions with civil society, local governments, institutions and bodies that address attention to sectors in situations of poverty, extreme poverty and vulnerability in the country. To develop in an articulated and comprehensive manner, the strategic agenda of the social sector, which allows the coordination of effective responses to the population in situations of poverty, extreme poverty and vulnerability in Honduras. WHEREAS: To achieve a more just society, with equal opportunities, where the Honduran population has better human development indices through the improvement of living conditions of the most disadvantaged households in national society, it is necessary to issue this type of acts to guarantee the fair allocation of the country's resources in order to ensure the comprehensive development of persons.
Whereas it is necessary that the Secretariat of Social Development has the possibility of giving an immediate response to certain needs of the population within the framework of its institutional mandate.
Whereas it is in the public interest that institutions and organisms of the public sector have regulatory norms from the Public Administration, which will establish and use funds allocated for social aid or donations, in accordance with the needs of actual management and the entities will prepare their own internal guidelines and regulations, in which the requirements and internal regulations for their correct application will be established, ensuring equity and the optimal use of state resources.
Whereas through Ministerial Agreement No. 009-SEDESOL-2022 of February 6 of the year 2022, the SOCIAL BENEFIT FUND FOR PERSONS is created, the same which in its Eighth Agreement states "The settlement of the social benefit to the beneficiary will be carried out in accordance with the guidelines established by the Administrative Management, which will be communicated in a timely manner to the fund beneficiaries, once their request is approved; in said guidelines the presentation of the corresponding verification means must be established to evidence the support provided to the beneficiaries to support and document the financial operation, such as: Reports, lists, photographs, invoices, receipts, among others".
Whereas the SOCIAL BENEFIT FUND FOR PERSONS has been constituted as a relevant tool to provide an immediate response to the population with urgent needs; and, therefore, clear and continuous guidelines are needed over time, which ensure its correct use and settlement.
Articles
This regulation has as its objective to define the procedures and guidelines necessary for the effective and efficient execution and liquidation of the SOCIAL BENEFIT FUND FOR PERSONS (hereinafter "THE FUND") of the State Secretariat in the Office of Social Development (hereinafter "SEDESOL") as well as to establish guidelines for the liquidation and oversight of the utilization of the aforementioned fund.
The State Secretariat in the Office of Social Development, through the Administrative Management, shall be the competent authority for the execution of the Fund, which shall be authorized jointly by both the State Secretary and the Administrative Management; however, the State Secretary may delegate said function, when deemed appropriate, to any internal body, provided that said delegation is recorded in the Ministerial Agreement that is issued for the approval of the SOCIAL BENEFIT FUND FOR PERSONS, which shall be issued uniquely from the beginning of the execution of THE FUND, specifying the amount to which the Fund shall amount for said year, the object of expenditure to be affected for its execution, and the components/items in which the fund may be utilized.
Without prejudice to that stated in the preceding Article, an Internal Technical Committee shall be established intended to analyze, evaluate, disapprove or approve by means of minutes the requests received by the Ministerial Office of SEDESOL.
It corresponds to the State Secretary in the Office of Social Development, through the Direction of the Ministerial Office, to receive and assign when appropriate the requests for assistance through the SOCIAL BENEFIT FUND FOR PERSONS.
The Internal Technical Committee is hereby created, hereinafter "ITC", as the internal body responsible for the analysis, evaluation, and approval of requests, whose essential and specific objective shall be to attend requests from persons seeking social benefits and shall be comprised of the following representatives:
- a)
One (1) representative from the General Secretariat, who shall preside over the committee.
- b)
One (1) representative from Administrative Management.
- c)
One (1) representative from the Budget Sub-management.
- d)
One (1) representative from the Legal Services Unit.
- e)
One (1) representative from the Programmatic Monitoring Direction.
- f)
One (1) representative from the Vulnerable Groups Care Unit and Martyrs Program.
- g)
Any other official that the Supreme Authority designates for its composition. Notwithstanding the foregoing, if the State Secretary considers that the representative of another internal body should act within the Committee, it shall communicate this in writing to said body and it shall have voice and vote.
The attributions of the Internal Technical Committee are:
- a)
To analyze and evaluate in a timely manner the requests presented according to the needs of each case.
- b)
To ensure that the execution of the social benefit fund for persons is carried out with transparency, so that SEDESOL complies with efficiency, diligence, and effectiveness the reasons and objectives for which it was created.
- c)
To attend the instructions emanating from the Secretary, in the exercise of his/her functions, adhering to the related current national norms.
- d)
To coordinate, supervise, and monitor compliance with the fund granted as established in this regulation.
- e)
To maintain a record and control of the budgetary exercise, management, and administration of the resources of THE FUND.
- f)
To develop diligently the necessary actions to expedite the requests submitted to the fund, providing the necessary facilities in cases of emergency.
- g)
To evaluate and validate the adjudication of the social benefit fund.
- h)
To prepare a projection of execution and needs of THE FUND, to be considered in the preparation of the Annual Operating Plan (POA).
- i)
To prepare reports on the management of the Fund when the Administrative Management requires it.
- j)
To make consultations with the Administrative Management in cases where there are doubts regarding the eligibility of expenses.
- k)
To ensure faithful compliance with the provisions contained in this regulation, respect its procedures and any others that by law correspond.
The decisions of the ITC regarding the requests received shall be made by consensus; if not possible, they shall be made by simple majority, with the president of the Committee having a tie-breaking vote in case of a tie in the voting.
The granting of social benefits through THE FUND may be carried out, as appropriate, through two procedures: a) Adjudication through the Internal Technical Committee (ITC), when once the request is received, the Ministerial Office remits it to the ITC for its operationalization and adjudication or denial. b) Adjudication through the Ministerial Office, when in the judgment of the State Secretary, there is sufficient merit in the request to dispense with the procedure through the ITC.
For the granting of benefits to applicants (beneficiaries) the following procedure is established:
- a)
The interested person must present before the Ministerial Office of SEDESOL a copy of their ID card with their respective request which must contain: Full name of the applicant, ID card number, telephone number, current address, and the purpose for which the benefit will be used.
- b)
The head of the Ministerial Office shall remit the request via routing slip to the General Secretariat in its capacity as president of the Internal Technical Committee (ITC), with a copy to the Administrative Management. The General Secretariat shall issue the complementary communications that ensure the composition of the ITC in a timely manner to respond to the corresponding requests.
- c)
The Internal Technical Committee (ITC) shall analyze, evaluate, and approve the requests received; and shall create a file for this purpose, requesting written opinion from the Administrative Management in case of doubt about the eligibility of the expense.
- d)
The Internal Technical Committee (ITC) shall issue reasoned minutes regarding the granting or denial of the benefit; whatever the decision, it shall be communicated to the requesting person, who, in case of disagreement, may make use of the means of challenge established in the Law of Administrative Procedure.
- e)
The delivery of the fund benefit shall be granted no later than five (5) business days once the Administrative Management receives the authorized file, and in exceptional cases of urgency the benefit may be delivered immediately.
- f)
The delivery of the benefit shall be made through the Administrative Management, by means of the institutional account established in the National Agricultural Development Bank (BANADESA).
For the delivery of the social benefit pursuant to the terms stated in subsection "e" of the present Article, three procedures may be used:
- a)
Payment at the window authorized through the remission of a certified payroll by the Secretariat to BANADESA.
- b)
Payment by electronic transfer made by BANADESA at the request of SEDESOL.
- c)
Check with two signatures. In both cases, both the Administrative Management and the ITC must maintain records regarding the granting of funds in the concept of social benefit.
The ITC is obligated to verify that the following documentation, according to the component or item to which it corresponds, is attached to the request for granting the benefit: -- Component/Item Required Documentation Health 1- Request (include telephone, address, and bank account). 2- Copy of the applicant's ID card. 3- Certification of birth certificate (in case the assistance is for a minor). 4- Medical certificate specifying the patient's diagnosis. 5- Copy of medical prescriptions (in case expenses have already been incurred, submit invoices in the patient's name). 6- Quote for the procedure to be performed on the patient (indicating prices of supplies and medical fees). 7- Copy of therapy record (if applicable). 8- In case a surgery is to be performed, a reference from the specialist or surgeon must be requested with the diagnosis. 9- Images or photographs of the patient. 10- Original bank statement or copy of readable savings book (in case of transfer). Education
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Certification of birth certificate (in case the assistance is for a minor).
- •
Copy of the SACE registry of the beneficiary.
- •
Certificate from the institution where he/she is enrolled.
- •
Original bank statement or copy of readable savings book (in case of transfer). Food
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Receipt from a public service (electricity or water).
- •
List of food items required.
- •
Food expense budget (minimum one month).
- •
Original bank statement or copy of readable savings book (in case of transfer). Lodging
- •
Request (include telephone, address, and bank account).
- •
Specify the purpose of lodging expense.
- •
Copy of the applicant's ID card.
- •
Certification of birth certificate (in case the assistance is for a minor).
- •
Hotel quote(s).
- •
Expense budget.
- •
Original bank statement or copy of readable savings book (in case of transfer). Funeral Expenses
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Death Certificate or Burial Report issued by the Public Prosecutor's Office.
- •
Certification of birth certificate (in case the assistance is for a minor).
- •
Copy of ID card of deceased adult.
- •
Copies of invoices (in case expenses have already been incurred).
- •
Expense budget.
- •
Funeral home quote for funeral expenses.
- •
Original bank statement or copy of readable savings book (in case of transfer). Health Emergency
- •
Original request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Legal support regarding the health emergency.
- •
Report from the competent authority (COPECO).
- •
Quote for what is being requested.
- •
Copies of invoices (in case expenses have already been incurred).
- •
Expense budget.
- •
Images or photographs for support.
- •
Original bank statement or copy of readable savings book (in case of transfer). Transportation
- •
Request (include telephone, address, and bank account), specify the purpose of the transportation expense.
- •
Copy of the applicant's ID card.
- •
Quote for the means of transportation to be used.
- •
Copies of invoices (in case expenses have already been incurred).
- •
Original bank statement or copy of readable savings book (in case of transfer). Natural Disaster
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Quote for what is being requested.
- •
Expense budget.
- •
Support regarding the declaration of authorities of the natural disaster.
- •
Report from the competent authority (COPECO).
- •
Report from the Fire Department.
- •
Images or photographs as appropriate.
- •
Original bank statement or copy of readable savings book (in case of transfer). Event Organization
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
Report on the background of the event (agenda, objective, where it will be held, etc.).
- •
Quote for what is being requested.
- •
Expense budget.
- •
Supporting images or photographs.
- •
Original bank statement or copy of readable savings book (in case of transfer). Patrimonial
- •
Request (include telephone, address, and bank account).
- •
Copy of the applicant's ID card.
- •
ID card and/or certification of birth certificates of the patrimony's inhabitants.
- •
Quote(s) for what is being requested.
- •
Expense budget.
- •
Images of the current state of the patrimony.
- •
Original bank statement or copy of readable savings book (in case of transfer). Other Similar
- •
Request (include telephone, address, and bank account), specific detail in writing justifying the expense.
- •
Copy of the applicant's ID card.
- •
Images or photographs as appropriate.
- •
Original bank statement or copy of readable savings book (in case of transfer).
In case that any of the documents established in the preceding Article is not attached to the request, the ITC shall notify the Ministerial Office so that the beneficiary may deliver the missing documentation within a reasonable period of time; if the person does not deliver said documentation, the request shall be filed with a record of the fact, without prejudice to the person presenting a new request.
The amount to be granted in the concept of social benefit shall be defined by the Supreme Authority according to the requests presented, which are supported by documentation that supports the expense to be generated; however, this may not exceed three hundred thousand lempiras exactly (L 300,000.00), without written authorization from the State Secretary.
For the granting of benefits to applicants (beneficiaries) through adjudication via the Ministerial Office (subsection "b" of the preceding Article 8), the following procedure is established: a) The interested person must submit a request to the Ministerial Office of this Secretariat, which must contain: Full name of the applicant, ID card number, address, and the purpose for which the benefit will be used. b) According to the amount to be granted in the concept of social benefit as indicated in subsections a) and b) of Article 10 of this Regulation, the Ministerial Office shall require from the requesting person the following documentation:
In case that any of the documents established in the preceding Article is not attached to the request, the ITC shall notify the Ministerial Office so that the beneficiary may deliver the missing documentation within a reasonable period of time; if the person does not deliver said documentation, the request shall be filed with a record of the fact, without prejudice to the person presenting a new request.
The amount to be granted as social benefit shall be defined by the Highest Authority according to the requests presented, which are supported by documentation that substantiates the expense to be incurred; however, this may not exceed three hundred thousand lempiras exactly (L 300,000.00), without written authorization from the Secretary of State.
For the granting of benefits to applicants (beneficiaries) through adjudication via the Ministerial Office (subsection "b" of Article 8 above), the following procedure is established:
- a)
The interested person must submit a request to the Ministerial Office of this Secretariat, which must contain: Full name of the applicant, DNI, address, and the purpose for which the benefit will be used.
- b)
According to the amount to be granted as social benefit as indicated in subsections a) and b) of Article 10 of this Regulation, the Ministerial Office shall require the applicant to submit the following documentation: Amount Required Documentation L 0.01 to L 60,000.00
- •
Request.
- •
Copy of DNI.
- •
Photographs where applicable (may present the current status of the requirement).
- •
Any other supporting documentation. L 60,000.01 to L 100,000.00
- •
Request.
- •
Copy of DNI.
- •
Photographs where applicable (may present the current status of the requirement).
- •
At least one (1) quotation of the expenses to be incurred.
- •
Any other supporting documentation. L 100,000.01 to L 300,000.00
- •
Request.
- •
Copy of DNI.
- •
Photographs where applicable (may present the current status of the requirement).
- •
Any other supporting documentation.
- •
At least two (2) formal quotations of the expenses to be incurred, issued by merchants with CAI registration.
- •
- c)
In the event that payment is to be made through transfer or payment at the window, once the Secretary of State has decided to grant the benefit, he shall inform the Administrative Management in writing, so that the necessary steps may be taken to make the payment effective.
- d)
When it comes to urgent cases, delivery shall be made by check, for which the applicant must submit a request, accompanied by a copy of his DNI, and once verification of compliance with the delivery of required documentation has been made, and the decision has been taken by the Secretary of State to grant the social benefit, he shall proceed to issue and sign the corresponding check, for subsequent remittance to the Administrative Management, which shall be responsible for affixing its signature to make the delivery thereof effective.
- e)
In cases where the amount of Three Hundred Thousand Lempiras (L 300,000.00) is exceeded, the Highest Authority may authorize said request presented to the Ministerial Office.
In the event that payment is made by check, as established in subsection "d" of the preceding Article, a copy of the check issued shall be left as support, which shall be verified against the stub in the checkbook that shall be maintained for that purpose, where a reconciliation process shall be carried out according to the checks issued.
In case payment is made through electronic transfer or payment at the window, according to what is established in subsection "c" of Article 14, the Administrative Management shall leave evidence in the file, through the incorporation of the support presented by BANADESA.
The cashing of the check issued as social benefit corresponds to the person who is the beneficiary thereof; however, in exceptional cases where it proves impossible for the beneficiary to travel to the BANADESA institution, the Ministerial Office may designate an employee of SEDESOL in order to perform such cashing and carry out payment in cash. Evidence of all this shall be left by means of receipts that must be part of the corresponding file, which must be kept in custody of the Administrative Management.
Under no circumstances may the procedure defined in Article 14 above be used to grant social benefits exceeding three hundred thousand lempiras (L 300,000.00). In such case, the procedure through the CTI shall apply and the provision indicated in Article 13 of this Regulation.
Without prejudice to the foregoing, the Secretary of State is empowered to authorize ex officio the use of THE FUND, in order to meet the needs of natural persons within the framework of activities developed by the Secretariat of State in the Office of Social Development such as food, transportation, medications, among other similar items. In such cases, the pertinent acquisitions may be made to satisfy the needs that arise in said activities, through the execution of collaboration agreements with other entities of the public administration.
In the case described in the preceding Article, the Ministerial Office shall designate by written communication, the internal body in charge of supporting the expense incurred, through reports, lists, invoices, receipts, photographs, and any other pertinent means of verification. In the case of activities developed in areas where there is no properly registered provider in the Tax Administration Service (SAR), the purchase may be made with the receipt format.
In case SEDESOL needs to make certain purchases in accordance with what is established in Article 19 above, the corresponding quotations shall be made according to what is established in the General Provisions for Budget Execution of the year in which the expense is incurred and the Law of Purchases and Contracting of the State.
In case SEDESOL needs to pay stipend as transportation outside the Central District to persons who are not employees of the Secretariat, they may under no circumstances exceed five thousand lempiras exactly (L 5,000.00). CHAPTER IV FINAL PROVISIONS
Under no circumstances may SEDESOL employees or their relatives within the fourth degree of consanguinity and/or second degree of affinity be beneficiaries of THE FUND in any capacity.
The Internal Audit Unit of SEDESOL may at any time conduct inspections of the documentation and procedures carried out in the execution and liquidation of THE FUND, in order to verify and ensure its correct administration.
The Administrative Management is empowered to request information at any time regarding the execution and liquidation of the Fund; being obligated to issue a report at the close of the corresponding fiscal year.
In the month of December of each year, the total liquidation of THE FUND shall be carried out and request shall be made to the superior authority for the opening of this fund the following year, provided that its liquidation is in conformity with this regulation; however, the emission of the corresponding budgetary norms must be awaited for the approval of the new fund.
The reimbursement and liquidation processes of THE FUND received by the Administrative Management shall be remitted to the Pre-Intervention Unit for their respective validation and application of the Articles contained in this regulation, as well as accounting principles to reconcile the figures in the auxiliary control books as appropriate. This unit shall be responsible for requesting the respective corrections to the errors found at the time of applying the corresponding control and validation mechanisms.
All provisions contained in this REGULATION FOR THE EXECUTION AND LIQUIDATION OF THE SOCIAL BENEFIT FUND FOR PERSONS are mandatory for employees of SEDESOL. The willful or negligent omission of any of the provisions contemplated herein shall give rise to the corresponding disciplinary action, without prejudice to the civil, administrative, and/or criminal liability that may apply.
The use of THE FUND for any purpose other than that established in this regulation is prohibited, it being understood that the components/line items, as well as the amount to which it amounts, shall be defined annually by Ministerial Agreement, which must ratify the use of this regulation, as well as make the pertinent modifications according to the national reality and the interests of the population. SECOND.—This Ministerial Agreement containing the REGULATION FOR THE EXECUTION AND LIQUIDATION OF THE SOCIAL BENEFIT FUND FOR PERSONS shall enter into force as of its signature and shall be published in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District on the twelfth (12) of the month of July of the year two thousand twenty-two (2022). BE COMMUNICATED AND PUBLISHED. LIC. JOSÉ CARLOS CARDONA ERAZO Secretary of State in the Ministry of Social Development ABG. ROGER EMILIO MEDINA ORELLANA General Secretary
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