Key Benefits:
The Prime Minister,
On the report of the Minister of Employment and Solidarity and the Minister of the Interior,
Given the monetary and financial code, in particular Chapter Ier bis of Title I of Book VII, from Article 13 of Order No. 2001-766 of 29 August 2001 transposing Community directives and adapting to Community law in economic and financial matters;
Having regard to Order No. 2000-373 of 26 April 2000 on Conditions of entry and residence of foreigners in Mayotte;
In view of Order No. 2002-149 of 7 February 2002 on the extension and generalisation of family benefits and social protection in the departmental community of Mayotte ;
Seeing the referral to the General Council of Mayotte as of March 1, 2002;
Given the advice of the Board of Directors of the National Family Allowance Fund as of March 5, 2002;
In view of the opinion of the Agency's Board of Directors Central of Social Security Organizations as of March 4, 2002,
Describes:
For the purposes of section 3 of the Order of February 7, 2002, is considered to be resident in that departmental community any child who lives permanently on
. Reside in that community the child who had lived there permanently and who, while retaining his family ties, performed outside the community:
1 ° One or more temporary stays of which the term does not exceed Three months during the calendar year;
2 ° or a longer stay to allow for further education or health care.
Pursuant to section 5 of the same order, children are entitled to family benefits up to the age of twenty.
The tenant provides for each dependent child an individual certificate of schooling issued by the director of the attended school. However, it shall be waived where the director of the institution concerned sends to the managing body, with the agreement of the latter, the list of pupils attending his
. Cause, under the conditions set out below, the suspension or abolition of the payment of family allowances and the allowance for the return of school to the beneficiaries after a warning has been sent to them without result by the Vice-rector.
At the end of each month, a list of students who are not assiduous or removed from the school is sent by the school principals to the vice-rector.
sends the names of the children to the credit union Concerned.
The credit union must suspend the payment of the tenant's family allowance when there are reports of lapses in respect of the children for whom it is responsible. It may also suspend this payment when it becomes aware, by another means, of well-known breaches of the obligation of the school. It shall notify the Vice-Rector.
Subject to the provisions of the following two paragraphs, the payment shall be reinstated retroactively as soon as the Vice-rector makes known to the credit union that he has received sufficient substantiation or as soon as Certificate from the school principal certifying that the child has returned to normal attendance for a month is provided to the credit union. The latter shall, in the latter case, notify the Vice-rector.
Where, during the same school year, for at least three consecutive months or not, the deficiencies in the compulsory education shall have reached at least the duration of four Half-days each month and have not been recognised justified, the family allowances of the tenant are due for none of the months during which the attendance has not been effective.
The child's school year allowance Is not due if unsubstantiated absences exceed one month in the previous school year.
The health certificates referred to in section 6 of the same order are as follows:
-the medical certificate of follow-up to the ninth month of the child;
-a medical certificate, established from the carnet Health, compulsory vaccinations in Mayotte;
-a certificate stating that a visual assessment of the child has been made between four and six years.
These must be provided to the paying agency no later than the end of the following calendar month The one in which the time limit in which examinations or vaccinations must be carried out expires.
Failure to carry out such examinations or vaccinations within the time limits, for all dependent children, the monthly payments Family allowances due from the following month are suspended. The school year allowance is also suspended.
When the certificates are produced late, the monthly family allowance payments or the re-entry allowance that have been suspended are paid.
The percentage referred to in the second paragraph of Article 13 of the same order is equal to 20 %.
Articles R. 553-1, R. 553-2 and D. 583-1 of the Social Security Code apply.
Rates for calculating family allowances are set as a percentage of the monthly basis for calculating family allowances under Article L. 551-1 of the Social Security Code at:
1 ° 11.15 % For a child;
2 ° 17.85 % for two children;
3 ° 21.41 % for three or more children.
Open school allowance for each dependent child who will reach his sixth birthday before February 1 of the year following that of the school year.
The allowance remains due, at Each school year, for any child who has not attained the age of twenty years of age on September 15 of the year in question.
The payment of the school year allowance must be made no later than December 1 of the year in question.
The rates used for the calculation of the school-entry allowance shall be fixed as a percentage of the monthly basis for calculating family allowances laid down in Article L. 551-1 of the Social Security Code and Applicable on August 1 of the year considered to be:
a) 13.66 % for each child attending primary school;
b) 31.87 % for each child attending college or high school.
A fraction equal to 28.57 % of the amount mentioned in b above Is paid directly to the school attended by the child.
Households or persons may, pursuant to section 8 of the same order, benefit from the re-entry allowance only if the amount of the resources disposed of during the calendar year
The amount of the basic ceiling is set at EUR 8 000 for the school year 2002.
It is increased by 10 % per child within the limit of three children per tenant.
This Ceiling, pursuant to Article 8 of the same order, shall be revalued by order of the Ministers responsible for social security, budget and overseas on 1 July of each year, in accordance with the development of the minimum wage provided for Article L. 141-1 of the Labour Code applicable in the departmental Community of Mayotte in force on 1 January of that year in relation to 1 January of the previous year.
In the event of the death of one of the spouses or partners, no account shall be taken of the resources collected by him before the death.
In the event of divorce, legal separation or termination of the common life of the Concubins shall not take into account the resources collected in the calendar year of reference by the spouse or common-law partner who does not retain the burden of the child or children.
The provisions of this Article shall apply from the first Day of the calendar month following the month in which the change of situation occurs and until the last day of the calendar month preceding the month in which the situation is terminated.
The ceiling mentioned in the 1 ° of the I of Article 18 of the Ordinance of 7 February 2002 is set at EUR 825 per month. This amount is revalued each year in accordance with the rate of change in the guaranteed minimum wage in force in Mayotte on 1 January of each year plus 3 points.
The threshold mentioned in 2 ° of Article 18 of the same order is set at EUR 3 800 per calendar year.
The rate of family allowance contributions mentioned in II of section 18 of the same order is set at 5.4 %.
The Minister of Economy, Finance and Industry, the Minister of Employment and Solidarity, the Minister of the Interior, the Minister responsible for the Family, Children and Persons with Disabilities, Secretary of State for Overseas and the Secretary of State for the Budget shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 29, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Minister of the Economy,
Finance and Industry,
Laurent Fabius
The Minister of the Interior,
Daniel Vaillant
Associate Minister for Family, Children
and People Disability,
Segolene Royal
The Secretary of State for Overseas,
Christian Paul
Secretary of State for Budget,
Florence Parly