It is a collegiate body integrated into the General Treasury of the Social Security that, through cooperation between the different bodies and entities, is constituted for the recovery of the resources of the Social Security system that are lost due to breaches of obligations in this matter and irregular conduct , as well as for the strengthening of the confidence and sustainability of this system.
Fight against fraud
Created by the Ministry of Labour, Migration and Social Security, the Observatory for the fight against social security fraud is configured as a collegiate body integrated into the General Treasury of the Social Security. It is a participation body for the study and formulation of proposals for action in the fight against fraud, evaluation of its results, as well as its dissemination and awareness.
It is a instrument of cooperation and collaboration in the field of fraud prevention, detection and correction the Social Security system between different agencies and entities (General Treasury of the Social Security, the National Social Security Institute, the Social Marine Institute, the Legal Service of the Social Security Administration, and the most representative trade union and business organizations).
The observatory is entrusted with the development of the following functions:
- A) Coordination, promotion, planning and launching of initiatives within its scopeof action: concrete analyses, proposals for collaboration and organization of work dynamics.
- B) Analysis and exploitation of the available information,optimizing the use of the available it tools for the purposes of the prevention and fight against fraud.
- C) Analysis of those actions and behaviors that could be fraudulent, which are not included in the annual plan of joint objectives between the General Treasury of the Social Security and the Labour and Social Security Inspectorate; in order to consider the advisability of its inclusion in it or of the ex officio action by the managing entities and common services of the Social Security.
- D) Establishment of standards of action and protocolsthat guide in a homogeneous way the new inspection actions and, where appropriate, the ex officio actions of the General Treasury of the Social Security, the National Institute of the Social Security and the Social Institute of the Navy.
- E) Study and /or proposal of collaboration or cooperation mechanismsthat allow to promote or deepen in measures of prevention and discovery of fraud to the Social Security.
- F) Carrying out the monitoring of the actions undertakenin terms of results obtained and resources invested, in order to obtain information to identify future objectives and actions.
- G) Analysis of current regulations,in order to avoid legal loopholes to fraud, as well as the impact of possible modifications and regulatory developments.
- H) Dissemination of the results,both of the joint action of the General Treasury of the Social Security with the State Agency of the Inspection of Labour and Social Security, as well as of the action carried out by the actors of the observatory.
The Observatory will operate in plenary, which will be chaired by the head of the General Directorate of the General Treasury of the Social Security, and in provincial commissions within the scope of each provincial Directorate of the General Treasury of the Social Security.
The plenary session shall meet in ordinary sessionat least twice a year and, in extraordinary session,at the initiative of the president or at the request of a third of its members and provincial commissions and commissions four ordinary sessions per year, and in extraordinary session whenever convened by the presidency on its own initiative or at the request of one third of its members.
In addition, the formation of monographic working groups within the plenary or provincial commissions may be agreed upon.
The constitution and operation of the observatory will be carried out from its current personal and material resources of the General Treasury of the Social Security, without being able to generate, in any case, an increase in the budgetary allocations.
And it establishes the obligation that both the plenary and the provincial commissions are constituted before September 20, 2019 (3 months from the entry into force of this order).
If you want to see the publication order of this Observatory to combat security fraud in the Official State Gazette, you can click here
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