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Decree No. 2002-423 From 29 March 2002 On Family Benefits In Mayotte

Original Language Title: Décret n° 2002-423 du 29 mars 2002 relatif aux prestations familiales à Mayotte

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Summary


Families residing at In the case of family benefits, Mayotte has only family allowances which are of a small amount and which are paid only to female employees. Family benefits and social protection in the departmental community of Mayotte has instituted a compulsory basic scheme of family benefits consisting of three family benefits (family allowances, allowance for School and housing allowance) and, as a result, extended their payment to all families residing in that community. The scheme will be financed by contributions from employers and self-employed workers and, where appropriate, by a balance grant from the national fund for family allowances. General conditions for the allocation of family benefits, the rules on family allowances and the return to school, as well as the financing arrangements. 1 to 6 and 14 set out rules for entitlement to family benefits: condition of residence of the child in Mayotte, age limit of entitlement (20 years), supporting documents to be provided by the tenant in order to qualify for benefits Family (children's certificate of education, health certificate, proof of the child's filiation and the marital status of the tenant and spouse, residence permit for foreigners).Art. 7 sets the amount of family allowances which are fixed, as a percentage of the monthly basis for calculating family allowances (BMAF), in force in France and in the French overseas departments. They amount to 3 8.12 € (11, 15 % of BMAF) for a child, 61.02 € for two children and 73.19 € for three or more children. 8 to 13 set the conditions for the school year allowance. The amounts for the 2002 school year will be 46.70 € (13.66 % of the BMAF) for children attending primary school and 108.95 € (31.87 % of BMAF) for the school year. Children attending college or high school. For the latter, 28.57 % of this amount is 31.13 € will be paid to the school for the purchase of school supplies and equipment. The basic resource ceiling of the allowance is set at 8 000 € for the school year 2002. It is revalued by 10 % per dependent child within the limit of 3 children per tenant. The ceiling is revalued on 1 July of each year in accordance with the evolution of the SMIC in force in Mayotte, the resources of the families taken into account for the payment of this allowance are the net income categories retained for The establishment of income tax; and s. 15 to 17 specify how the family benefits plan for this community is to be financed. The rate of employer contributions on earnings and earnings paid to employees and by the self-employed is They shall be seated within the limit of a ceiling set at 825 € which is revalued each year in accordance with the evolution of the SMIC in force in Mayotte on 1 January of each year plus 3 points. Employers and self-employed workers below which contributions are not due is set at 3 800 .L'art. 18 specifies the accounting rules for the payment of benefits by the Family Allowance Fund of the Meeting on behalf of the family benefits system of Mayotte and of notification to the national fund of allowances Application of Art. 3 of the above order.

Keywords

EMPLOYMENT, SOLIDARITY, SOCIAL SECURITY FAMILY, FAMILY, OVERSEAS, MAYOTTE, FAMILY ALLOWANCE, ALLOWANCE SCHOOL REENTREE, HOUSING ALLOWANCE, RESIDENT, SUBSIDY, NATIONAL FAMILY ALLOWANCE FUND , CNAF, TENANT, PROOF, MONTHLY BASIS FOR CALCULATING FAMILY ALLOWANCES, BMAF , RATE, AMOUNT, RESOURCE CAP, CALCULATION MODE

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JORF No. 76 of March 30, 2002 page 5642
text number 25



Decree No. 2002-423 of 29 March 2002 on family benefits in Mayotte

NOR: MESS0220838D ELI: Http://www.legifrance.gouv.fr/eli/decret/2002/3/29/MESS0220838D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2002/3/29/2002-423/jo/texte


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:

Item 1 Read more about this Article ...


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.

Item 2 Read more about this article ...


Pursuant to section 5 of the same order, children are entitled to family benefits up to the age of twenty.

Article 3 Read more about this article ...


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.

Item 4 Learn more about this Article ...


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.

Article 5 Learn more about this Article ...


The percentage referred to in the second paragraph of Article 13 of the same order is equal to 20 %.

Article 6 Learn more about this Article ...


Articles R. 553-1, R. 553-2 and D. 583-1 of the Social Security Code apply.

Article 7 Read more about this Article ...


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.

Article 8 Learn more about this Article ...


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.

Item 9 Read more about this Article ...


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.

Item 10 Read more about this Article ...


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.

Article 11
For the application of the condition of resources provided for in Article 10, the family situation is appreciated by 31 July preceding the beginning of the school year.

Item 12
The resources referred to in Article 10 and taken into account for the payment of the school year allowance shall be those of the tenant and, if applicable, of his spouse or concubin who
These resources are the total number of categorical net income withheld for the purposes of the income tax on the basis of the scale, the income taxed at a proportional rate, or subject to a free collection of Income tax, as well as income earned outside of Mayotte, excluding children's income.
Where the resources of the base year, as defined in the first paragraph of Article 10, of the lessee or of his spouse or common-law partner The resources are not known at the time of the application or the review of the rights, account shall be taken of the latest resources known and determined under the conditions laid down in the preceding paragraphs. These resources are recovered by applying the annual average rate of change in the general household consumer price index for the reference calendar year included in the economic and financial report annexed to the bill

Article 13 Read more about this Article ...


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.

Article 14
The marital status of the tenant and, if applicable, the spouse or concubin is justified by the production of the identity card, passport, an extract of an act of birth or, if applicable, any part thereof The
body may also empower its officers to check the civil status of applicants on the civil registers of the communes of Mayotte.
The filiation referred to in Article 5 of the aforementioned order Is justified by the production of a photocopy of the register of the civil status.
Aliens, in order to benefit from family benefits, must provide the fund manager with one of the residence permits referred to in Article 4 of the same Order, subject, in the case of the residence permit referred to in Article 59, to provide also a certificate issued by the prefecture justifying the condition of residence in Mayotte under the same article.
A Title They may provide that credit union with the residence permits referred to in Title II of Article 59 of the Ordinance of 26 April 2000, accompanied as in need of a certificate issued by the prefecture justifying the condition Of residence in Mayotte provided for in Article 4 of the order of 7 February 2002.

Article 15 Learn more about this Article ...


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.

Article 16 Read more about this article ...


The threshold mentioned in 2 ° of Article 18 of the same order is set at EUR 3 800 per calendar year.

Article 17 Read more about this article ...


The rate of family allowance contributions mentioned in II of section 18 of the same order is set at 5.4 %.

Article 18
The Family Allowance Fund of the Reunion transmits each month to the National Family Allowances Fund a statement on the amount of expenditure incurred on behalf of the benefit fund Of the family of Mayotte and the proceeds of the contributions notified by the social insurance fund of Mayotte in respect of the last month.
The social security fund of Mayotte pays the first day of each month, by transfer to an account External availability to that effect by the Family Allowance Fund of Réunion, the amount of contributions allocated to the financing of the compulsory basic scheme for the family benefits of Mayotte which it has recovered from the title Last month.

Item 19
I. -The provisions of Articles 15 and 17 shall apply to earnings and remuneration received on or after 1 April
. -The threshold laid down in Article 16 shall apply to contributions made in respect of the year 2002 and subsequent years.

Article 20 Read more about this Article ...


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


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