Key Benefits:
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity,
Considering the Labour Code, including articles L. 351-9 and L. 351-10;
Considering the general tax code;
The State Council (Social Section) heard,
Decrete:
The following paragraph is added after the fourth paragraph of Article R. 351-11 of the Labour Code:
"Alimony or compensatory benefit determined by a court decision that has become enforceable is deducted from the resources of the person who pays it. »
The provisions of Article R. 351-13 of the Labour Code are thus amended:
I. - In the fifth paragraph, after the words: "before deduction of the various slaughters", is added the phrase: "except in the case where the applicant's spouse or concubine is a leader of a company entering the scope of section 50-0 of the general tax code. »
II. - At the end of the seventh paragraph, the following sentence is added:
" Similarly, the maintenance or compensatory benefit established by a court decision that has become enforceable is deducted from the resources of the person who pays it. »
Section R. 351-15 of the Labour Code is replaced by the following provisions:
"Art. R. 351-15. - I. - The specific solidarity allowance is allocated by six months renewable, within seven hundred and thirty days. Renewal of the allowance is subject to the same conditions as its original allocation.
However, the allocation is allocated by one-year recurrent periods to the holders of the job search exemption under section L. 351-16.
II. - By derogation from the provisions of I above:
1° Allocataries aged fifty-five or more at the time they reach the five hundred and forty-sixth day of compensation receive the allowance beyond the seven hundred and thirtieth day, subject to the other conditions to benefit from it;
2° The allowance is paid to seasonal workers only for periods corresponding to those during which they received insurance allowances in previous years.
III. - The duration of seven hundred and thirty days may be extended by ninety-one days, by a decision of the commission under the fourth paragraph of Article L. 351-10. The latter shall be seized by the beneficiary within two months of receipt of the termination decision notified to the five hundred and forty-sixth day. She took a decision on the report of the representative of the National Employment Agency evaluating the employment research approach of the individual, and after verifying that the latter continued to meet the conditions for allocation of the allowance.
The Board of Appeal is composed of the departmental Director of Labour, Employment and Vocational Training or its representative, who chairs it, a representative of the National Employment Agency and a representative designated by the institutions referred to in Article L. 351-21. »
Section R. 351-16 of the Labour Code is replaced by the following provisions:
"Art. R. 351-16. - The exercise of a professional activity does not hinder the resumption of the payment of the allowances established by articles L. 351-9, L. 351-10 and L. 351-10-1. However, this payment may only be made upon expiry of any entitlements to the allowances provided for in section L. 351-3 and provided that it does not intervene more than four years after the date of admission to the allowance.
The resumption of the payment of the specific solidarity allowance is made within the limit of seven hundred and thirty days deducted from the date of the original award decision. »
The provisions of Article R. 351-35 of the Labour Code are amended as follows:
I. - The number "I" and paragraph II are deleted.
II. - In the first sentence of the first paragraph, after the words: "for a duration", the word "maximum".
III. - At the end of the first paragraph, the following sentence shall be inserted:
"However, when, at the end of the twelve-month period, the total number of hours worked does not reach seven hundred and fifty hours, the benefit of the allowances calculated under the conditions set out in the third paragraph of this article shall be maintained at the allocator who carries out a professional activity until it reaches the ceiling of seven hundred and fifty hours. »
IV. - The following paragraph is introduced after paragraph 1:
"However, allocatories aged 50 years or older may benefit from the provisions of the preceding paragraph within the limits of the rights opened under Article I of L. 351-15. These provisions are also applicable, for the duration of their compensation, to allocataries aged 55 or over. »
V. - The fifth preambular paragraph is deleted.
In article R. 351-36 of the Labour Code, after the words: "for the duration of the said contract" are added the words: ", within the limits of their rights to the payment of such allowances,".
I. - The provisions of this Decree come into force on 1 January 2004.
II. - These provisions, with the exception of those relating to the seven-hundred-and-thirty period, apply to beneficiaries of the specific solidarity allowance that, at the date of entry into force of this Order, are in the course of compensation.
The beneficiaries of the specific solidarity allowance that, at the date of entry into force of this decree, are in the course of compensation and that total less than nine hundred and thirteen days of compensation continue to benefit from this allowance within the limit of one thousand eighty-five days of the day after the date of effect of the original allocation decision of the allowance, subject to the other conditions Those who total nine hundred and thirteen days or more of compensation on the effective date of this Order continue, at the end of their current compensation period, to receive, on an exceptional basis, the allowance for one hundred and eighty-two days, provided that they continue to meet the other conditions to benefit from it.
The duration of the payment of the specific solidarity allowance may be extended by ninety-one days under the conditions provided for in Article 3 of this decree, for the beneficiaries of this allowance, which, at the date of entry into force of this decree, are being compensated.
III. - Recipients aged fifty-five years on the date of entry into force of this decree or reaching that age before the one thousand ninety-fifth day of compensation continue to receive the specific solidarity allowance, without limitation of duration, provided that they continue to fulfil the other conditions to benefit from it.
IV. - The provisions of Article R. 351-13 relating to the resource ceiling are applicable to decisions to renew the specific solidarity allocation that take effect from the first day of the month following the publication of this decree.
Are repealed:
1° The second and third paragraphs of Article R. 351-14 of the Labour Code.
However, allocataries who, on the date of publication of this decree, benefit from the increase provided for in these paragraphs continue to collect it until the expiry of their rights to the specific solidarity allocation.
2° Article R. 351-38 of the Labour Code.
3° Decree No. 96-1118 of 20 December 1996 on the allocation of specific solidarity and amending the Labour Code (Part Two: Decrees in the Council of State).
The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 December 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Social Affairs,
and solidarity,
François Fillon
Minister of Economy,
finance and industry,
Francis Mer
Minister for Budget
and budgetary reform,
Alain Lambert
