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Decree Of 15 July 2008 Setting Out The Assignment, The Terms Of Use And The Amount Of The Appropriations For The Financing Of Operations Planned Real Estate Investment To The I Of Article 69 Of Law No. 2007 - 1786 19 December 2007 Of Financ...

Original Language Title: Arrêté du 15 juillet 2008 fixant l'affectation, les conditions d'utilisation et le montant des crédits pour le financement d'opérations d'investissement immobilier prévu au I de l'article 69 de la loi n° 2007-1786 du 19 décembre 2007 de financ...

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JORF n°0172 of 25 July 2008 page 11973
text No. 13



Judgment of 15 July 2008 establishing the allocation, terms and conditions of use and the amount of credits for the financing of real estate investment transactions provided for in I of Article 69 of Law No. 2007-1786 of 19 December 2007 of the financing of social security for 2008

NOR: MTSA0815954A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/7/15/MTSA0815954A/jo/texte


The Minister of Labour, Social Relations, Family and Solidarity and the Minister of Budget, Public Accounts and the Public Service,
Considering the code of social action and families, including its article L. 14-10-5;
Vu la Act No. 2007-1786 of 19 December 2007 Social Security Funding for 2008, including Article 69-I;
In view of the decision of 5 June 2003 on the constitution of the file for a state subsidy application for an investment project;
See?arrested on 22 October 2003 fixing the models of documents provided for in articles R. 314-10, R. 314-13, R. 314-17, R. 314-20, R. 314-48 and R. 314-82 of the Code of Social Action and Families;
Considering the opinion of the National Solidarity Fund for Self-Government of 1 April 2008,
Stop:

Article 1 Learn more about this article...


Real estate investment operations related to the creation of places, the implementation of technical and security standards and the modernization of the premises of the establishments and services mentioned in theArticle L. 314-3-1 of the Code of Social Action and Families, those of establishments that are jointly under 6° of I ofArticle L. 312-1 of the said Code and ofArticle L. 633-1 of the Construction and Housing Code, as well as those of the 2° of Article L. 6111-2 of the Public Health Codehaving signed the multi-year convention under theArticle L. 313-12 of the Code of Social Action and Families, shall be financed under the provisions of articles 2 to 6 of this Decree.

Article 2


Real estate investment operations must be at the service of the quality of life of the residents and focus on the modernization, transformation of the above-mentioned institutions and services and their adaptation to the changing needs of the hosts.
As such:
I. - Are concerned:
- work on existing premises for the capacity in operation as of January 1, 2008, whether by restructuring or rebuilding new premises, in particular, in the latter case, when the cost of restructure of the former reaches 70% of the cost of the new building, according to the priorities set out in section 4;
― the work undertaken for the creation of new places or the extension of capacities, according to the priorities set out in Article 3;
II. - are not eligible for the investment assistance plan:
― the current maintenance work involving the owner or manager;
― the technical and safety standards that do not result from legal requirements or are not included in a comprehensive project to improve the quality of life of the people in the facility;
equipment and furniture;
- except in exceptional circumstances, the transactions under way and those for which an order of service was issued prior to the attribute of subsidy decision;
- except for transactions with a total cost, all expenses, less than 200,000 euros.

Article 3


For the year 2008, support for the creation of new spaces is primarily directed to the capacity extensions included in a global renovation project, as well as to the creation of alternative places to permanent accommodation.
Thus:
I. ― In the elderly sector, assistance in creating new places is a priority:
― the creation of new capacities from existing establishments, particularly for the realization of Alzheimer units and service platforms (creation of day-care places and temporary accommodation);
― creation of day-care places and self-sustaining temporary accommodation;
II. – On the disability sector, help to create new places is a priority:
― the creation of new capacities from existing establishments with a priority given to the development of the adult sector supply, and in particular the specialized reception homes (MAS);
– the creation of temporary reception spaces.

Article 4


For the year 2008, assistance to improve the quality of the establishments and to the rehabilitation of existing places is primarily directed towards real estate investment operations:
I. ― On private and collective living spaces, on care spaces and on outdoor spaces when they have a therapeutic aim. Work on administrative and logistical spaces may not be retained in the amount of the subsidy.
II. ― On structures offering a diversification of reception modes, or in structured co-operations with health institutions or other health and social facilities and services.
III. ― On the responses to the reception of people with Alzheimer's disease and related disorders, both through a holistic approach to the institution's organization and the creation of specific units.

Article 5


I. ― The competition provided by the National Solidarity Fund for Self-Government pursuant to Article 69 of the Act of 19 December 2007 referred to above for 2008 is a single, non-reconductable, non-revaluable investment aid calculated, from the cost of the work, all expenses, in value of the work.
II. ― In cases where the managerial corporation is not the owner of the premises, the file submitted includes the undertaking of the owner, as part of the lease linking it to the manager, to reflect in mitigation of royalties and rents paid by the residents the amount of the investment assistance.

Article 6 Learn more about this article...


I. ― The technical and financial instruction of requests for assistance to investment is carried out by the State services. The application for a contest must be filed with the departmental management of health and social affairs for the establishment concerned by the project.
II. ― Instruction of competitive application files is carried out in the context of the multi-year investment programArticle R. 314-20 of the Code of Social Action and Families and the provisions set out in III ofarticle R. 314-48 of the same code.
III. ― For each operation involved in the areas of shared jurisdiction between the State and the department, the department prefect collects the opinion of the president of the general council, before forwarding to the regional prefect for the definition of regional priorities.
IV. ― The regional prefect shall transmit to the Director of the National Fund for Self-Government, together with his technical and financial advice and a note specifying the prioritization criteria selected, a list of transactions ranked in priority order forming the proposed programming by region and determining the level of the subsidyable expenditure per operation. A list of additional transactions representing a financial volume equivalent to 5% to 10% of the amount of the indicative regional envelopes may be transmitted.
V. ― A project by region, exemplary in the sense that it contributes to changing the image of the institution and to providing new answers, in particular in terms of project approach, insertion into rural or urban fabric, new forms of housing for the elderly and persons with disabilities, of the quality of use of private and collective spaces, of HQE approach, can be supported by a good rate of assistance. This enhancement of regional programming with outstanding projects or quality programming in terms of adaptation of the sector, diversification of reception modes or a significant financial leveraging effect may take the form of a financing of operations presented in a supplementary list or, on the proposal of the regional prefect, an increase in the amount of assistance for a specific operation.
VI. ― On the basis of regional programming proposals, the director of the National Solidarity Fund for Self-Government distributes the regional investment aid envelopes corresponding to a list of operations.
VII. ― Within three months of the receipt by the regional prefect of the distribution of the investment aid envelopes, the institutions concerned undertake to file with the departmental management of health and social affairs the final funding plan for the operation and the planned schedule of work with the department.
VIII. ― On a regional prefect's certificate, investment assistance is paid to the manager institution or the owner in three payments:
30% upon receipt of the legal act engaging the work;
40% on presentation of the completed invoices for 50% of the total cost of the work, which is covered by the master of work and certified by the owner and the accountant;
30% upon completion of work and receipt of the final certificate document for completion of work and:
– Final count (public institutions);
- the summary of the invoices paid for the total cost of the work, covered by the master of work and certified by the owner and the accountant (private establishments).
IX. ― For the purposes of the provisions set out in I to VIII, are defined by means of technical instruction of the National Solidarity Fund for Self-Government:
- the list of documents to be provided by the authority responsible for the investigation of the files to the National Solidarity Fund for Self-Government and the deadlines for the transmission of these documents;
– the list of documents to be provided by institutions receiving investment assistance.

Article 7 Learn more about this article...


Implementation last paragraph of Article L. 14-10-5 of the Code of Social Action and Families :
I. ― The credits allocated for the financing of the measures referred to in (b) of 2 of the I of Article L. 14-10-5 of the said code, not consumed at the close of the 2007 fiscal year and corresponding to a surplus of 456,526,770.95 euros, shall be allocated, for the 2008 fiscal year, for 88,428,680.18 euros at the sub-section of the accounts of the National Solidarity Fund for the autonomy referred to in section V-10 of the V of Article
II. ― The credits allocated to the financing of the measures referred to in (b) of 2 of the I of Article L. 14-10-5 of the said code, not consumed and placed in reserve at subsection I-2, shall be assigned, for the year 2008, to the sub-section of the accounts of the National Solidarity Fund for the self-government referred to in the V of Article L. 14-10-5 of the same code for 136,571,319.82 euros.
III. ― The credits allocated to the financing of the measures referred to in 1 of 1 of Article L. 14-10-5 of the said code, not consumed and placed in reserve in subsection I-1, are allocated, for the year 2008, to the sub-section of the accounts of the National Solidarity Fund for the self-government referred to in Article L. 14-10-5 of the same code for 58,779,700.96 euros.

Article 8


The Director General of Social Action at the Ministry of Labour, Social Relations, Family and Solidarity and the Director of Social Security at the Ministry of Budget, Public Accounts and Public Service are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, July 15, 2008.


Minister of Labour, Social Relations,

of the family and solidarity,

For the Minister and by delegation:

The Director General of Social Action,

J.-J. Trégoat

Minister of Budget, Public Accounts

and the Public Service,

For the Minister and by delegation:

The Director of Social Security,

D. Libault


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