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Summary
Home, participation The financial of the beneficiaries of the self-government allocation corresponds, on average, to about 5 % of the amount of the aid plan when it reaches 30 % of the rate dependent on establishment. This distortion of the average amounts of Participation leads to a rebalancing of the two forms of aid, taking better account of the contribution capacity of the beneficiaries, so that the allocation is fair to all, while retaining its universal character. 7 of Decree 2001-1084 of 20 November 2001 on the modalities for the allocation of the benefit and the funding provided by Act 2001-647 of 20 July 2001 on the management of the loss, the autonomy of the elderly and the The self-reliance allocation consists of retouching the formula for calculating the financial contribution of the beneficiary, while retaining the main characteristic which is to avoid any threshold effect, on the one hand by tightening the range Resources interested in the change in the participation rate, which is now in the range of 623 to 2,483 /month (compared to 949 at 3162 currently), on the other hand increasing the slope of the participation, thus increasing from 0 % to 90 %, instead of 0 % to 80 %. In addition, it is important to avoid an analysis of the modification of the scale of participation which could lead to a unilateral review of the amount of the personalised autonomy allowance for persons Admitted to its benefit before the entry into force of this Decree, intervening in an opportunity, at any time, in circumstances independent of their situation. It is therefore appropriate to take effect either on the expiry of the periodic review provided for by the law or on the occasion of the review of the award decision which occurs at the request of the beneficiary and is the result of a change in His personal situation, in view of which this decision has taken place, that this change affects his resources or his degree of loss of autonomy. This provision is in keeping with the spirit and the letter of article L. 232-14 of the code of social action of families which explicitly refers to the situation of the beneficiary and not to the circumstances outside the beneficiary. Article 1 modifies the scale of participation of the beneficiaries of the Personalised Home Allowance: From now on, persons living at home, whose monthly resources, are exempt from financial participation Are less than 623 compared to 949 currently between 623 and 2,483 of monthly resources, financial participation increases linearly from 0 % to 90 % to stabilise then 90 % of the amount of the aid plan for resources exceeding 2,483 Article 2 limits the scope of the revision, other than periodical, of the decision to award the personalised allowance of autonomy, which may take place ". At any time, only under the circumstances arising, in accordance with the spirit of Article L. 232-14 of the Code of Social Action and Families, of a change in the personal situation of the beneficiary in view of which that decision is The provisions of this Decree shall enter into force as of 01-04-2003 for the purposes of which the provisions of this Decree shall apply. New entrants to the appliance. They shall apply to persons previously admitted for the benefit of the allowance either on expiry of the periodic review referred to in Article L. 232-14 of the Code of Social Action and Families, or on the occasion of the resulting revision A change in the personal circumstances of the interest. Section 4 is the object of execution. Replacement of Art. 7 (II, III, IV) of Decree 2001-1084 of 20-11-2001.
Keywords
SOCIAL AFFAIRS, PERSON AGEE, SOCIAL BENEFIT, SELF-EMPOWERMENT, ALLOCATION, CUSTOMISEE ALLOCATION, APA , FUNDING FOR THE CUSTOMISED ALLOCATION OF AUTONOMY, FFAPA, EPA, LOSS OF AUTONOMY, LOAD, ALLOCATION, REVISION, CUSTOMEE SELF-PROVISIONING, CUSTOMIZABLE AUTONOMY ALLOCATION IN ESTABLISHMENT, BENEFICIARY, BAREM, PARTICIPATION, RATE, AMOUNT , CALCULATION MODE
Later Links
JORF No. 75 of March 29, 2003 page 5576
Text N ° 6
Decree n ° 2003-278 of 28 March 2003 on the conditions for the allocation of self-government allocation NOR: SOCA0321131D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/3/28/SOCA0321131D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/3/28/2003-278/jo/texte
Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of the Interior, Internal Security and Local Freedoms and the Minister The Code of Social Action and Families, in
Articles L. 232-3, L. 232-4 and L. 232-14;
In view of the Social Security Code;
In view of Decree No. 2001-1084 of 20 November 2001 Relating to the arrangements for the allocation of the benefit and to the funding provided by Law No. 2001-647 of 20 July 2001 on the assumption of the loss of independence of the elderly and the personalised self-government allowance;
Having regard to Decree No. 2001-1085 of 20 November 2001 implementing Act No. 2001-647 of 20 July 2001 on the management of the loss of independence of the elderly and the personalised allocation of autonomy;
In view of the opinion of the Committee on Local finance as of February 4, 2003;
The Conseil d' Etat (social section) heard,
Clipping:
Article 1
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I. -The II, III and IV of Article 7 of Decree No. 2001-1084 of 20 November 2001 are replaced by the following provisions:
" II. -However, the beneficiary of the Personalized Home Home Allowance whose monthly resources are less than 0.67 times the amount of the gross-up for the constant assistance of a third person is exempt from participation Referred to in Article L. 355-1 of the Social Security
. III. -The beneficiary of the personalized home self-care allowance whose monthly income is between 0.67 and 2.67 times the amount of the increase for the constant assistance of a third person above pays a calculated interest in Applying the following formula:
"P = A x [R - (S x 0.67)] x 90 %
[R - (S x 0,67)]
" P = A x
x 90 %
S x 2
" Where:
" P is the financial partipation to the payee;
" A is the amount of the part of the aid plan used by the beneficiary pursuant to Article L. 232-3 of the Code of Social Action and Families;
" R is the person's monthly income;
" S is the amount of the increment for the constant assistance of a third party referred to in Article L. 355-1 of the Social Security Code.
" IV. -The recipient of the Personalized Home Allowance whose monthly income is greater than 2.67 times the amount of the gross-up for the constant assistance of a third party pays a calculated interest by applying the formula Following:
" P = A x 90 %
" Where:
" P is the financial contribution to the payee's expense;
" A is the amount of the part of the aid plan used by the beneficiary pursuant to Article L. 232-3 of the Code of Social Action and Families. "
Item 2
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Article 8 of Decree No. 2001-1085 of 20 November 2001, after the words: If new elements change the situation ", are added the words:" Recipient's personal ".
Item 3
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I. -The provisions of this Decree shall enter into force on the first day of the month following its publication in the Official Journal for new requests for a personalised allocation of autonomy addressed to the President of the General Council as of Day.
II. -They shall apply to persons admitted for the benefit of the personalised autonomy allowance before the entry into force of this Decree at the end of the periodic review referred to in the fourth paragraph of Article L. 232-14 of the Code of Social and family action or the revision resulting from the modification of the beneficiary's personal situation.
Article 4
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Minister of Interior, Internal Security and Local Freedoms, Minister of Social Affairs, Labour and Solidarity, Minister of Economy, Finance and Industry, Minister Delegate to the budget and budgetary reform and the Secretary of State for the elderly are responsible, each as far as it is concerned, for the implementation of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, March 28, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Social Affairs Minister,
du Job and solidarity,
François Fillon
The Minister of the Interior,
of internal security
and local freedoms,
Nicolas Sarkozy
The Minister of the Economy,
finance and Industry,
Francis Mer
Minister Delegate to Budget
and Budget Reform,
Alain Lambert
Secretary of State for Seniors,
Hubert Falco
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