Machine Translation of "Decree No. 2003-574 Of 27 June 2003 Concerning The Parental Childcare Allowance And Amending The Code Of Social Security..." (France)

Decree No. 2003-574 Of 27 June 2003 Concerning The Parental Childcare Allowance And Amending The Code Of Social Security Third Part: Decrees)

Original Language Title: Décret n° 2003-574 du 27 juin 2003 relatif à l'allocation parentale d'éducation et modifiant le code de la sécurité sociale (troisième partie : Décrets)

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Abstract

Modification of the art. D. 532-1 of the Social Security Code (art. 3 of Decree 86-150 of 02-02-1986). The purpose of this Decree is to specify the conditions for the payment of the parental allowance for part-time education to certain categories of employees who may engage in reduced professional activity without being subject to the provisions The Labour Code on part-time work. For persons exercising vacations, the entitlement to this partial rate allowance shall be opened on the basis of an attestation from the employer specifying the work performed which is calculated on the basis of the number of hours worked The full-time working time of the employee occupying a similar position in the institution. For maternity assistants approved the entitlement to the allowance shall be calculated on the basis of an attestation from the employer stating, for each child kept, the number of on-call days or half-days of on-call duty. If the child is kept throughout the day (length of stay of more than four hours per day), every working day of the month, the child's custody period is considered to be full-time. The duration of part-time activity shall be calculated by reference to that full time by the addition of the number of child care days divided by the number of children kept and reported to the number of working days of the month taken into account for the calculation Of this allocation. The right to an allowance is then determined under the conditions of common law. For persons who welcome elderly or disabled persons to their homes, the allowance is paid by taking into account the number of persons held. They are allowed to keep up to three people. The allowance is paid when one or two persons are kept. For executives employed on a per-day basis, the allowance shall be paid if the number of working days fixed by the contract of employment as authorized by the collective agreement or in the absence of a maximum of 217 fixed by the law, expressed in Percentage is not more than 80 %. It is increased if this percentage is more than 50 %. The provisions of this Order apply to benefits payable as of 29-07-2003.

Keywords

HEALTH, SOCIAL SECURITY , SOCIAL-SECURITY CODE, SOCIAL BENEFIT, FAMILY BENEFIT, PARENTAL EDUCATION ALLOWANCE , APE, ALLOWANCE FOR YOUNG CHILD, ATTRIBUTION, BENEFICIARY, PAYMENT, RATE , AMOUNT

JORF No. 148 of June 28, 2003 page 10904
Text No. 29

Decree n ° 2003-574 of 27 June 2003 on parental allowance for education and amending the Social Security Code (third Part: Orders

NOR: SANS0321674D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/6/27/SANS0321674D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/6/27/2003-574/jo/texte

The Prime Minister,
On the report of the Minister of Health, the Family and People with disabilities,
Given the Social Security Code;
Given the Rural Code;
Given the advice of the Board of Directors of the National Family Allowance Fund as of April 29, 2003,
Describes:

Item 1
In Article D. 532-1 of the Social Security Code, an IV is added as follows:
" IV. -1 ° Pour les personnes qui exerted des vacations, le droit à l' allocation Parental d' éducation à taux sessional est ouvert, dans les conditions Defined au II du présent article, sur la basis d' une attestation de l' employer specifying la quotité de Work carried out, calculated by taking into account the full-time working time of the employee occupying a similar job in the establishment;
2 ° For the categories referred to in Article L. 773-1 of the Labour Code, the right to a rate allowance Is open, taking into account the number of children retained as defined In the second subparagraph Article L. 421-1 of the Code of Social Action and Families and, for each child retained, the number of on-call days or half-days of on-call duty made the first month of the period of entitlement.
For the calculation of Entitlement to the allowance, a child is considered to be kept on a full-time basis, if the child is kept on the first month of the first month of the entitlement period;
A half-day of custody is defined as a custody period of less than four Hours per day and a day care as any longer than that day.
Rates of The allocation is equal to:
a) 94.27 % of the monthly family allowance calculation basis if the addition of day care for each child divided by the number of children kept and reported to the number of working days of the month in question is more than 50 %;
(b) 71.29 % of the monthly basis of family allowances if the addition of the days of care of each child divided by the number of children kept and reported to the number of working days of the month in question is greater than 50 % and not more than 80 %.
The maternal assistant provides the debtor organisation with family benefits. Proof of the employer (s) specifying, for each child kept, the number of days or half-days of custody for the month under consideration;
3 ° For the categories referred to in Article L. 441-1 of the Code of Social Action and Families, The allowance provided for in 1 ° of II of this Article shall be paid when they receive a person.
The allowance provided for in 2 ° II of this Article shall be paid when they accommodate two persons;
4 ° For the categories of executives Mentioned in III of Article L. 212-15 -3 of the Labour Code:
(a) The partial rate allowance referred to in 1 ° of II of this Article shall be paid when the number of working days fixed by the employment contract as the number of days authorized by the collective or enterprise collective agreement or Failure to the maximum of 217 days provided for in III of Article L. 212-15 -3 of the Labour Code expressed as a percentage shall be more than 50 %;
(b) The partial rate allowance referred to in 2 ° of II of this Article shall be paid when the number of days Of work fixed by the contract of employment reported to the number of days authorized by the collective agreement of Branch or enterprise or default to the maximum of 217 days provided for in III of Article L. 212-15 -3 of the Labour Code expressed as a percentage is more than 50 % and not more than 80 %."

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The provisions of this Order apply to benefits due on the first day of the month following its publication in the Official Journal.

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Minister of Economy, Finance and Industry, Minister of Health, Family and People with Disabilities, Minister of Agriculture, For food, fishing and rural affairs, the Minister responsible for the budget and budgetary reform and the minister responsible for the family shall each have responsibility for the execution of this Decree, each of which shall be published in the Journal Official of the French Republic.

Done at Paris, June 27, 2003.

Jean-Pierre Raffarin

By the Prime Minister:

The Minister of Health, the

Family and People with Disabilities,

Jean-François Mattei

The Minister of Economy,

Finance and Industry,

Francis Mer

Minister of Agriculture, Food,

Fisheries and Rural Affairs,

Hervé Gaymard

Associate Minister for Budget

and Budget Reform,

Alain Lambert

Minister Family delegate,

Christian Jacob

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