Key Benefits:
The Prime Minister,
On the report of the Minister of Solidarity, Health and Family,
Considering the general code of territorial authorities, including article L. 3334-6;
Considering the code of social action and families, including chapter II of title III of Book II;
Considering the social security code;
Considering the Labour Code, including articles L. 127-1, L. 129-1 and L. 132-2;
Having regard to Act No. 2000-321 of 12 April 2000 on the Rights of Citizens in Their Relations with Government;
Considering Act No. 2001-647 of 20 July 2001 on the management of the loss of autonomy of older persons and the personalized allocation of autonomy;
Considering Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of older persons and persons with disabilities, including articles 11, 12, 13 and 15;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
In view of Decree No. 2001-492 of 6 June 2001 adopted for the application of Chapter II of Title II of Act No. 2000-321 of 12 April 2000 on the acknowledgement of receipt of requests to the administrative authorities;
In view of Decree No. 2001-1084 of 20 November 2001 on the terms and conditions for the allocation of the benefit and the funding fund provided for in Act No. 2001-647 of 20 July 2001 on the management of the loss of autonomy of older persons and the personalized allocation of autonomy;
Considering the opinion of the local finance committee of 26 October 2004;
Having regard to the advice of the Board of Directors of the Central Agency for Social Security Organizations dated 29 October 2004;
Having regard to the advice of the Board of Directors of the National Old Age Insurance Fund of Employees dated 4 November 2004;
Having regard to the advice of the Board of the National Health Insurance Fund of Employees dated 23 November 2004;
The State Council (Social Section) heard,
Decrete:
During the transitional period defined in the third paragraph of Article L. 135-1 of the Social Security Code, the Director and Accountant of the Old Age Solidarity Fund shall manage the National Solidarity Fund for Self-Government in the manner defined in Articles R. 135-7 and R. 135-8 of the Social Security Code.
Unless otherwise provided, the director of the old-age solidarity fund shall proceed on behalf of the fund to the operations defined by this decree.
The Director of the Old Age Solidarity Fund shall prepare and transmit to Parliament and the Government the report provided for in Article 10 of the above-mentioned Act of 30 June 2004.
The amount of contribution to the basic compulsory health insurance plans referred to in the first paragraph of the second paragraph of Article 12 of the above-mentioned Act of 30 June 2004 shall be determined by decree of ministers responsible for social security, health and the elderly.
This Order distributes the contribution to the pro-rata of the number of residents of the establishments and services referred to in 2° I of Article 12 of the Act of 30 June 2004 referred to in each of these plans. It also defines the modalities for payment of the contribution.
I. - The amount of the contest paid to the departments provided for in Part II of Article 12 of the above-mentioned Act of 30 June 2004 shall be apportioned as follows:
1° The above-mentioned distribution is operated for 50% based on the number of people over the age of seventy-five, for 20% based on the personalized self-reliance expenditure, for 25% on the basis of the tax potential and for 5% on the basis of the number of recipients of the minimum integration income, according to the formula:
You can see the table in the OJ
n° 298 of 23/12/2004 text number 4
in which:
(a) Fd represents the fraction assigned to a department;
(b) PAd represents the number of persons aged seventy-five years or more in the department as it appears in the annual departmental demographic statistics produced by INSEE available as of December 31 of the year for which distribution is made;
(c) Dd represents the department's personalized self-supply expenses for the year for which the distribution is made; are only taken into account the expenses relating to the personalized allowance of autonomy provided for in Article L. 232-1 of the code of social action and of families, excluding any supplement to this allocation by the department;
(d) PFd represents, for this department, the fiscal potential before the year for which the distribution is made, as defined in article L. 3334-6 of the general code of territorial authorities;
(e) RMId represents the number of beneficiaries of the minimum integration income for more than three months, residing in this department, the year before the year in which the distribution is made, published by the National Fund for Family Allowances.
The amount allocated to a department is equal to the portion assigned to that department in accordance with the above calculation, reported to the sum of the fractions and multiplied by the total amount of the contests.
This amount cannot exceed the amount of the department's personalized self-supply expense.
2° The rate set out in the sixth paragraph of Article 12 of the above-mentioned Act of 30 June 2004 shall be determined by a joint decree of ministers responsible for social security, territorial authorities and the budget. This rate cannot exceed 30%.
II. - Payments provided for in the last paragraph of Article 12 of the above-mentioned Act of 30 June 2004 are monthly. They are paid to departments no later than the tenth day of the following month. They are calculated on the basis of the distribution defined in 1° and 2° of I of this article. This distribution is carried out by the National Solidarity Fund for Autonomy for the year in which the deposits are paid using the annual departmental data available as of December 31 of the previous year relating to the number of persons aged seventy-five or more, to the personalized self-reliance expenditure, to the tax potential and to the number of beneficiaries of the minimum income of insertion.
III. - The credit union shall conduct the calculation of the final examination due to each department as a result of the transactions set out in I of this section and the payment of the balance due in respect of a fiscal year when all the summaries referred to in Article 14 have been received. The balance of the competition awarded to the department shall be deducted from the advance payments made under this section of the final competitive examination. In the event that the balance of a department is negative, the amount is deducted from the payment of the contest for the following year.
At the end of the fiscal year, the departments communicate to the National Solidarity Fund for Self-Government, no later than 15 February, a summary statement referred to by the accountant of the department of the individualized chapter relating to the expenditure of personalized self-reliance, showing, by budget item, the amounts of mandates and titles issued, diminished mandates and cancellation titles, as well as the number of recipients of the personalized December 31 allocation.
The departments also provide to the caisse, upon request, any additional information relating to the personalized allocation of autonomy required for the performance of its mission.
I. - Can be contested by the National Solidarity Fund for Self-Government for the expenses referred to in 4° I of Article 12 and 4° of Article 13 of the Act of 30 June 2004 referred to above:
1° Home aid associations and enterprises defined respectively at 1° and 2° of I and II of Article L. 129-1 of the Labour Code;
2° Communal and intercommunal social action centres, as well as, where appropriate, municipalities;
3° The employer groupings defined in Article L. 127-1 of the Labour Code for the purpose of home-based assistance to older persons;
4° Professional organizations of individuals who are not-for-profit employees at home and employers' associations referred to in the last paragraph of Article L. 132-2 of the Labour Code.
II. - The training and qualification expenses of care workers, recruited as part of the measures referred to in 4° I of Article 12 and 4° of Article 13 of the Act of 30 June 2004 referred to above, are the educational costs of the initial and continuing training courses preparing for the nursing state diploma, the certificate of fitness for the medical aid functions and the certificate of fitness for the personal care functions
III. - For the purposes of the last paragraph of 4th I of section 12 and 4th of section 13 of the above-mentioned Act of 30 June 2004, an orientation committee whose mission is to propose the directions and priority actions in the modernization of the home aid branch is placed with the Minister responsible for the elderly. It is composed of twelve members designated because of their professional training skills and knowledge of the area of assistance to dependent elderly people. The members of this committee are appointed by order of the Minister for Older Persons.
I. - The expenses set out in 4° of I of Article 12 and 4° of Article 13 of the above-mentioned Act of 30 June 2004 are non-permanent expenses, which may, however, be subject to multi-year programming. In the field of vocational training, they cannot substitute for the costs to be incurred by the employers concerned under their legal and treaty obligations.
II. - Projects relating to the modernization of home aid are approved by the Minister responsible for the elderly or by the prefect of department and transmitted to the National Solidarity Fund for Autonomy for payment within the limits of the available credits.
III. - Projects relating to the training and qualification actions of caregivers recruited as part of the measures referred to in 4° I of Article 12 and 4° of Article 13 of the Act of 30 June 2004 referred to above shall be approved by the Minister for the Elderly or by the Prefect of Region and transmitted to the National Solidarity Fund for Self-Government for payment within the limits of the available credits.
IV. - The application for approval of the projects referred to in the II and III of this section is based on a form to be determined by the Minister for Older Persons.
The application shall be directed to the prefect of the department of the headquarters of the requesting agency for the actions referred to in II or to the prefect of the region of the requesting agency for the actions mentioned in III and, for the actions of a national character, to the Minister responsible for the elderly. These authorities have a period of ten days to acknowledge their receipt or, if the request is incomplete, to indicate, under the conditions provided for by the above-mentioned decree of 6 June 2001, the missing documents whose production is indispensable for the instruction of the application and to set a time limit for the production of these documents.
From the date on which the administrative authority has acknowledged receipt of the complete file, the silence held for more than four months on the application for approval is a decision to reject it.
The approval refers to the nature, cost and timing of the action concerned, as well as the amount of the grant paid by the National Solidarity Fund for Self-Government.
I. - The expenses set out in 5° of I of Article 12 of the Act of 30 June 2004 referred to above are those contributing to:
1° Preventing the loss of autonomy and reducing its physical and social impacts;
2° Preventing abuse;
3° Promoting and enhancing participation in social life;
4° Financing studies and research on ageing as well as on the design of collective equipment and habitat;
5° Distributing innovative actions in the above mentioned areas.
II. - These expenses consist of non-permanent expenditures, which may, however, be subject to multi-year programming.
III. - Projects relating to the activities and programs of animation and prevention referred to in I of this section shall be approved by the Minister responsible for the elderly or by the prefect of department and transmitted to the National Fund of Solidarity for Self-Government for payment within the limits of the available credits.
IV. - Accreditation is granted under the conditions and in the manner defined in the IV of Article 6 of this Decree.
I. - The proceeds of the contribution provided for in the 1st of Article 11 of the Act of 30 June 2004 referred to above and the share of the proceeds of the social contribution provided for in Article L. 136-1 of the Social Security Code and assigned to the National Fund of Solidarity for Self-Government are centralized by the Central Agency of Social Security Organisations and paid by the latter to the caisse under the conditions established by the convention provided for in Article 10 of the Decree.
II. - The proceeds of the contribution provided in 2° of Article 11 of the Act of 30 June 2004 referred to above and the share of the proceeds of social contributions provided for in Articles L. 136-6, L. 136-7 and L. 136-7-1 of the Social Security Code and assigned to the National Solidarity Fund for Self-Government are paid by the State to the caisse under the conditions established by the convention provided for in Article 10.
III. - The rate provided for in section 11 of the above-mentioned Act of 30 June 2004 is set at 50%. The participation provided for in the same article and assigned to the National Solidarity Fund for Self-Government is paid by the mandatory basic old-age insurance plans by 30 June.
The excess results, the postponements and available resources of the sections of the fund established by the law of 20 July 2001 referred to above are transferred to the corresponding sections of the National Solidarity Fund for Self-Government referred to in the 3rd and 4th of Article 12 and to the 3rd and 4th of Article 13 of the Act of 30 June 2004.
The National Fund for Solidarity for Self-Government passes agreements with the State, the Central Agency for Social Security Organizations, and the mandatory old-age and health insurance schemes, including the purpose of specifying the terms and the periodicity of payment of income or expenses set out in sections 11, 12 and 13 of the Act of 30 June 2004 referred to above and the supporting documents to be communicated to the caisse.
In the absence of a convention, the financial relations between the caisse and the body concerned are set by a joint decree of the ministers responsible for social security and budget.
During the transitional period referred to in the third paragraph of Article L. 135-1 of the Social Security Code, the conventions referred to in the first paragraph of this Article shall be signed by the director of the fund referred to in Article L. 135-1 of the Social Security Code, after approval by the ministers responsible for social security and budget.
Availability exceeding the cash requirements of the National Solidarity Fund for Self-Government can be placed under the conditions provided for by the decree of 29 December 1962 referred to above.
I. - The budget of the National Fund of Solidarity for Self-Government is decided, for the transitional periods defined in the third paragraph of Article L. 135-1 of the Social Security Code by joint decree of the Ministers responsible for Social Security and Budget.
II. - During the transitional period defined in the third paragraph of Article L. 135-1 of the Social Security Code, the following charges are referred to in the specific sections referred to in 6° I of Article 12 and 5° of Article 13 of the Act of 30 June 2004:
1° The operations to which the director of the old-age solidarity fund proceeds on behalf of the fund to ensure its implementation and operation;
2° Reimbursement of expenses incurred by the old-age solidarity fund for the exercise of the missions which are vested in it by section 1 of this decree.
III. - For the fiscal year 2004, the financial account of the National Solidarity Fund for Self-Government is determined by a joint decree of the ministers responsible for social security and budget.
I. - It is created a liquidation service of the financing fund for the personalized self-sufficiency allowance established by the law of 20 July 2001 referred to above, responsible:
1° To close the financial account of the fund as at 30 June 2004, which is transmitted for approval to the Ministers responsible for social security and budget;
2° To establish the active and passive situation of the fund as at 30 June 2004;
3° Ensure and justify remission operations between the Fund and the National Solidarity Fund for Self-Government;
4° To carry out all operations necessary for the final disposition of the fund;
5° To establish the closing account of the liquidation service, which is transmitted to the ministers responsible for social security and budget;
6° To present at the dissolution of the liquidation service a closing report to the ministers responsible for social security and budget.
II. - The director of the fund referred to in Article L. 135-1 of the Social Security Code is appointed liquidator. He is responsible for ordering operations under I.
The Accountant of the Fund referred to in section L. 135-1 of the same Code shall be appointed as the Accountant of the Liquidation Service. It is responsible for the maintenance of the accounting of that service, which retraces the transactions referred to in I. It prepares the closing account for the liquidation service.
III. - The liquidation service is abolished by 30 June 2005.
Title IV of the above-mentioned Decree of 20 November 2001 is repealed.
The Minister of the Interior, Homeland Security and Local Freedoms, the Minister of Solidarity, Health and the Family, the Minister of Economy, Finance and Industry, the Minister Delegate in the Interior, the Minister Delegate for Budget and Budget Reform, spokesperson for the Government, the Secretary of State for Persons with Disabilities and the Secretary of State for Older Persons, are responsible, each with regard to the current decree, for the official execution of the French Republic
Done in Paris, December 22, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Solidarity,
health and family,
Philippe Douste-Blazy
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of Economy,
finance and industry,
Hervé Gaymard
Minister Delegate inside,
Marie-Josée Roig
Minister for Budget
and budgetary reform,
Government spokesperson,
Jean-François Copé
State Secretary for Persons with Disabilities,
Anne-Marie Montchamp
State secretary to the elderly,
Catherine Vautrin
