Order Of April 7, 2009 Fixing For 2009 The Terms Of Use And The Amount Of The Appropriations For The Financing Of Real Estate Investments Provided For In Article L. 14-10-9 Of The Code Of Social Action And Families

Original Language Title: Arrêté du 7 avril 2009 fixant pour 2009 les conditions d'utilisation et le montant des crédits pour le financement d'opérations d'investissement immobilier prévu à l'article L. 14-10-9 du code de l'action sociale et des familles

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JORF n ° 0085 of April 10, 2009 page 6294 text no. 16 order of April 7, 2009 fixing for 2009 the terms of use and the amount of the appropriations for the financing of real estate investment operations provided for in article L. 14-10-9 of the code of social action and families NOR: MTSA0908084A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/4/7/MTSA0908084A/jo/texte the Minister of labour social relations, family, solidarity and the city and the Minister of budget, public accounts and public service, having regard to the code of social action and families, particular articles L. 14-10-1, l 14-10-5 and L. 14-10-9;
Pursuant to law n ° 2007 - 1786 19 December 2007 funding of social security for 2008, including article 69-I.
Having regard to the order of 22 October 2003 fixing the models of documents referred to in articles R. 314 - 10, R. 314 - 13, R. 314 - 17, R. 314 - 20, R. 314 - 48 and R. 314 - 82 of the social action and family code;
Considering the Decree of 12 November 2008 concerning the budget instructions and applicable to establishments and private services social and medico-social accounting under article R. 314 - 1 of the code of social action and families as well as managerial foundations and associations under article R. 314 - 81 of the code;
Considering the Decree of 3 April 2009 laying down the amount of carry-overs of appropriations allocated to other sections, provided for in article L-14-10-5 of the code of social action and families;
Having regard to the opinion of the National Fund of solidarity for the autonomy of April 3, 2009, stop: Article 1 more on this article...

Real estate investment on the creation of spaces, setting technical standards and safety and modernization of local institutions and services mentioned in article 314-3-1 of the code of social action and families, those of establishments covered jointly by 6 of the I of article L. 312 - 1 of that code and article L. 633 - 1 of the code of construction and housing and to those falling within 2 ° of article l. 6111-2 of the code of public health, who signed the multiannual agreement provided for in article L. 313 - 12 of the code of social action and families, funded in accordance with the provisions laid down in articles 2 to 4 of this order.


Article 2 real estate investment operations must be at the service of modernization, development, the transformation of institutions and services listed above regardless of their type of home (permanent or sequential), and their adaptation to the changing needs of the hosted people. They must lead to achieve institutions with architectural quality provides a comfort of use of living spaces and facilities providing answers to the autonomy of the hosted people.
They contribute to the implementation of the quantitative and qualitative objectives of national plans aimed at modernization and the development of institutions and services destined for elderly persons in loss of autonomy and of disabled persons, and in particular of the plan Alzheimer's and related diseases 2008-2012.
Accordingly: i. - are eligible for investment aid plan: ― work on local existing installed capacity entitled to social assistance in December 31, 2008, whatsoever by restructuring or rebuilding of new premises, including, for the latter case, when the cost of restructuring of the former reaches 70% of the cost of the frame nine, according to the priorities laid down in article 4;
― work on the creation of new or the extension of capacity authorized and entitled to social assistance;
― prior feasibility studies that would be needed in the design of investment operations, particularly in complex restructuring operations that are part of a quality approach.
II. - Are not eligible for investment aid plan: ― the costs of acquiring land and property;
― common maintenance obligations to the owner or Manager.
― updates technical standards and security not resulting from legal requirements or is not embedded in a global project to improve the quality of life of persons with;
― equipment hardware and household goods;
― operations underway and those for which an administrative order was issued before the jurisdictional grant decision, except by express derogation of the Director of the National Fund of solidarity for autonomy, on motivated report of the prefect of the region. The prior feasibility studies referred to in the fourth paragraph I of this article do not constitute a beginning of the transactions resulting from these studies;
― except exception, operations with a total cost, all expenses combined, less than EUR 200 000;
― on the sector of elderly, transactions in services and institutions whose capabilities are not entitled to social assistance.


Article 3 i. ― in 2009, the contribution made by the National Fund of solidarity for autonomy in application of article 69 of the law of December 19, 2007 I mentioned above is a unique investment aid, non-extendable, non reevaluable, except on express waiver by the Director of the National Fund of solidarity for autonomy, and the amount of which is calculated from the cost of eligible work in accordance with the provisions laid down in article 2, all combined expenses, value end of work. Eligible expenditure may include related expenses contributing directly to the achievement of the work, including the intellectual services necessary for the design and monitoring of the implementation of the project.
II. — in reference to the budget and accounting statement applicable to social and medico-social institutions, the assistance of the National Fund of solidarity for autonomy has a transferability to permit mitigation of additional (financial charges and depreciation) costs linked to the investment operation, to due the amount of aid.
III. — in the case where the entity manager is not owner premises, this folder has the commitment of the contracting authority, in the context of the lease binding it to the Manager, to pass in mitigation of charges and rents paid by residents the amount of the investment aid.


Article 4 more on this article...

I.-L' training technical and financial applications for investment aid of the establishments referred to in article 1 is carried out by the services of the State. The request for assistance shall be filed with the departmental Directorate of health and Social Affairs for the implementation of the establishment concerned by the project.
II.-L' processing of application for assistance is made in the light of the multiannual programme of planned investment in article R. 314 - 20 of the code of social action and families and the provisions laid down in article r. III. 314-48 of the code.
III. - For each operation on areas of shared competence between the State and the Department, the prefect le prefet Department collects the opinion of the president of the general Council, before transmission to the prefect of the region for regional priorities.
IV. — on the basis of a comprehensive analysis of the needs of modernisation and development consistent with the interdepartmental program of accompaniment of disabilities and loss of autonomy and an assessment of the financing capacities of managers and the impact of the investment on the operating budget, the prefect of the region shall transmit to the Director of the National Fund of solidarity for autonomy its proposal for a regional programme of investment aid. This proposal for regional programming, together with its technical and financial advice and a note specifying the prioritization criteria, is accompanied by a list of transactions arranged in order of priority and specifying the level of eligible expenditure per operation.
The prefect of the region in the development of this prioritized list of regional operations to ensure: — ensure the limitation of the impact of investment on the operating budget of the institutions and services;
— avoid the dispersion of funds on operations likely to be eligible;
― ensure the coordination of the regional programme of investment aid submitted to the National Fund of solidarity for autonomy with the settings of the State appropriations (PLS...) and those of other funders, in order to facilitate the financial table towers of owners.
V. — on the basis of the programming proposals by region, the Director of the National Fund of solidarity for autonomy, after control for consistency and compliance with the eligibility rules set out in articles 1 and 2 and the priorities set out in the technical training of the National Fund of solidarity for autonomy, distributes the regional aid packages to the investment corresponding to a list of operations.
VI. ― within three months from the receipt by the prefect of the region of the distribution of the aid packages to investment, the establishments concerned undertake to file with the departmental of health and Social Affairs Directorate the final operation financing plan, planned work schedule and the draft convention linking it to the Director of the National Fund of solidarity for autonomy for the benefit of the investment aid.

VII. - Within six months from the receipt by the prefect of the region of the distribution of the investment aid envelopes, then by six-month period, the institutions concerned shall undertake to inform the prefect of the region of the progress of the operation with regard to the forecast schedule in the convention laid down in the VI.
VIII. - On the certificate of the prefect of the region, the investment aid is paid Manager preferred or the contracting authority in three instalments: ― 30% on receipt of the legal act committing the work;
― 40% on submission of the summary payment slip of invoices paid corresponding to 50% of the total cost of the work covered by the supervisor and certified by the contracting authority and the accounting officer;
― 30% upon completion of the work and the receipt of the final certificate of completion document, and: ― of the final accounts (public institutions) — the summary of the receipted invoices corresponding to the total cost of the work covered by the supervisor and certified by the contracting authority and the accountant (private institutions).
IX. - When the eligible expenditure turns out to be more than 5% below the cost of estimated final value at the beginning of operation, was taken to a decrease of the amount of the investment aid under the selected initially aid rate. If this decrease is less than 5%, the amount of aid is maintained in accordance with the amount recorded in the convention referred to the VI, with an increase in the rate of final assistance.
X. - For the purposes of the provisions of the I to IX, ' are defined by way of technical instruction of the National Fund of solidarity for autonomy: ― the priorities of execution in respect of the financial year;
— list of documents to be provided by the authority responsible for the processing to the National Fund of solidarity for autonomy as well as the deadlines for transmission of these documents;
— list of documents to be provided by the recipient institutions of the investment aid.


Article 5 in 2009, credits that can be used to fund operations of real estate investment in accordance with article 14-10-9 of the code of social action and families are attached to: i. - 250 000 000 euros to the subsection of the accounts of the National Fund of solidarity for autonomy under the a in the V to section 14-10-5 of the same code.
II. - 80 000 000 euros to the subsection of the accounts of the National Fund of solidarity for autonomy referred to the b of V of article L. 14-10-5 of the same code.


Article 6 the Director-general of social action and the Director of social security are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, on April 7, 2009.
The Minister of labour, social relations, family, solidarity and the city, to the Minister and by delegation: the Director general of social action, F. Heyries the Minister of budget, public accounts and public service, for the Minister and by delegation: the Director of social security, D. Rob

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