Key Benefits:
The Prime Minister,
On the report of the Minister of Housing and the High Commissioner for Active Solidarity against Poverty,
Considering the code of social action and families;
Given the consumer code, including its article R. 331-15-1 ;
Given the construction and housing code, including its Articles L. 351-1 and L. 351-5 ;
Considering the code of entry and residence of foreigners and the right to asylum, including its article R. 121-4 ;
Considering the general tax code;
Given the monetary and financial code, including its article R. 312-4 ;
Considering the rural code;
Considering the social security code;
Considering the labour code;
In light of Act No. 91-1322 of 30 December 1991 on finance for 1992, including its article 125 ;
Having regard to Act No. 94-488 of 11 June 1994 on former repatriates members of the auxiliary and assimilated formations or victims of captivity in Algeria, in particular its article 10 ;
In light of Act No. 99-1173 of 30 December 1999 on a corrigendum for 1999, including its article 47 ;
In light of Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities, including its article 95 ;
In light of Act No. 2006-396 of 31 March 2006 on Equal Opportunities, including its article 9 ;
In light of Act No. 2007-1223 of 21 August 2007 in favour of labour, employment and purchasing power, including its article 18 ;
Having regard to Act No. 2007-1786 of 19 December 2007 on the financing of social security for 2008, in particular its article 94;
Vu la Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies;
Vu le Decree No. 54-883 of 2 September 1954 made for the application of all the provisions of Decree No. 53-1186 of 29 November 1953 relating to the reform of assistance laws, including Article 42;
Vu le Decree No. 91-1266 of 19 December 1991 Implementation Act No. 91-647 of 10 July 1991 relating to legal aid, including Article 2;
Vu le Decree No. 92-755 of 31 July 1992 establishing new rules on civil enforcement procedures for the application of the Act No. 91-650 of 9 July 1991 reforming civil enforcement procedures;
Vu le Decree No. 2000-657 of 13 July 2000 establishing a remedy for orphans whose parents have been victims of anti-Semitic persecution, including article 2;
Vu le Decree No. 2004-751 of 27 July 2004 providing financial assistance in recognition of the suffering suffered by orphans whose parents were victims of barbaric acts during the Second World War, including Article 2;
Vu le Decree No. 2009-30 of 9 January 2009 the National Fund for Active Solidarity;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 30 January 2009;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 3 February 2009;
Considering the opinion of the Standards Advisory Board dated 5 February 2009;
Considering the opinion of the National Employment Council dated 10 February 2009;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 12 February 2009;
The State Council (Social Section) heard,
Decrete:
The lump sum mentioned in 2° of theArticle L. 262-2 of the Code of Social Action and Families applicable to a single person home is equal to 454, 63 €.
Chapter II of Title VI of Book II of the Code of Social Action and Families (regulatory part) is replaced by the following provisions:
“Chapter II
"Revenue of active solidarity
“Section 1
“General provisions
"Art.R. 262-1.-The lump-sum amount referred to in 2° of section L. 262-2 applicable to a single person home is increased by 50% when the home has two persons. This amount is then increased by 30% for each additional person present at the home and at the expense of the individual. However, where the home has more than two children or persons under 25 years of age, with the exception of the spouse, the partner bound by a civil covenant of solidarity or the concubine of the person concerned, the increase to which each of these children or persons is entitled shall be increased to 40% from the third person.
"In the case of persons isolated within the meaning of section L. 262-9, the amount increased is 128, 4% of the lump sum referred to in section L. 262-2 applicable to a single person home. In addition, for each dependent child, a supplement equal to 42, 8% of the lump sum applicable to a single-person home referred to in section L. 262-2. The same supplement applies when the home has other dependants than children.
"Art.R. 262-2.-The maximum period during which the increase in the lump sum mentioned in section L. 262-9 is collected is twelve months. To benefit from this maximum period, the application must be submitted within six months of the date on which the conditions for the opening of the law are met. Beyond this period, the length of service of the extended allowance is reduced to due proportion.
"However, this 12-month period is extended until the youngest dependent child reaches the age of three. This provision applies even if the insulated parent has assumed the responsibility of the child only after the date on which the conditions of opening the right to the allowance have been met.
"Art.R. 262-3.-For the benefit of active solidarity income, are considered to be dependent:
« 1° Children entitled to family benefits;
« 2° Other children and persons under the age of twenty-five who are at the effective and permanent charge of the beneficiary provided that, when they arrived at the home after their seventeenth birthday, they have a relationship with the beneficiary or spouse, concubine or partner bound by a civil solidarity pact to the fourth degree included.
"However, people who receive resources equal to or greater than the increase in guaranteed income to which they are entitled are not considered to be dependent.
"Art.D. 262-4.-The fraction of the professional income of the household members mentioned in 1° of Article L. 262-2 is equal to 62%.
“Section 2
" Active Solidarity Income Benefit
"Subsection 1
"Right conditions
“Paragraph 1
« Condition of residence in France
"Art.R. 262-5.-For the purposes of Article L. 262-2, the person who resides in France permanently or who spends one or more stays outside France, whose date or total duration per calendar year does not exceed three months. The stays outside France that result from the contracts mentioned in articles L. 262-34 or L. 262-35 or the personalized job access project mentioned in theArticle L. 5411-6-1 of the Labour Code are not taken into account in calculating this duration.
"In case of stay outside France for more than three months, the allowance is only paid for the full calendar months of presence in the territory.
“Paragraph 2
“Determination of resources
"Art.R. 262-6.-The resources taken into account for the determination of the amount of active solidarity income shall include, on reserves and in accordance with the terms and conditions set out in this chapter, all resources, of any kind, of all persons composing the home, including in-kind benefits and income generated by movable and immovable property and by capital.
"The provisions of Article R. 132-1 apply to active solidarity income.
"Art.R. 262-7.-The resources taken into account in calculating the allocation are equal to the monthly average of the resources collected in the three months prior to the application or revision.
"However, benefits other than active solidarity income paid by the agency responsible for its service are taken into account for the current month, subject to the provisions of sections R. 262-10 and R. 262-11.
"When the recipient is in the situation of an isolated person within the meaning of section L. 262-9, the resources of the former spouse, concubine or partner bound by a civil solidarity pact are not taken into account in determining the resources of the home.
"Art.R. 262-8.-Ont the character of professional income or take place under the 1st of Article L. 262-3:
« 1° All income from an employee or non-employed activity;
« 2° Income from vocational training courses;
« 3° Income from internships under theArticle 9 of Act No. 2006-396 of 31 March 2006 for equal opportunities;
« 4° Legal or conventional assistance to partial unemployment workers;
« 5° Allowances received on statutory maternity, paternity or adoption leave;
« 6° Daily social, basic and complementary security allowances, collected in the event of medically recognized physical incapacity to continue or resume work, work injury or occupational disease for a period of time that cannot exceed three months from the work stop.
"Art.R. 262-9.-The benefits in kind provided by an occupied dwelling either by its owner who does not receive personal housing assistance, or, as a free measure, by the members of the home, are assessed monthly and in a lump sum:
« 1° 12% of the lump sum referred to in 2° of Article L. 262-2 applicable to a single person home;
« 2° A 16% of the lump sum calculated for two persons when the home consists of two persons;
« 3° A 16, 5% of the lump sum calculated for three persons when the home consists of three or more persons.
"The benefits in kind provided by a privately operated garden are not taken into account.
"Art.R. 262-10.-Personal Housing Assistances Articles L. 542-1 and L. 831-1 of the Social Security Code and Article L. 351-1 of the Construction and Housing Code are included in the resources within the limit of a package calculated according to the terms fixed at 1°, 2° and 3° of Article R. 262-9.
"However, when persons other than the beneficiary mentioned in 2° and 3° of Article R. 262-9 are not taken into account for the allocation of personal housing assistance, they are excluded from the calculation of this package.
"Art.R. 262-11.-For the purposes of section R. 262-6, it is not taken into account:
« 1° From the bonus to the birth or adoption mentioned in theArticle L. 531-2 of the Social Security Code ;
« 2° From the basic allowance mentioned to theArticle L. 531-3 of the Social Security Code due for the month in which birth occurs or, in the situations referred to in Article L. 262-9 of this Code, up to the last day of the calendar month in which the child reaches the age of three months;
« 3° Of the age increase of the family allowances mentioned at theArticle L. 521-3 of the Social Security Code and the lump sum allowance established by the second paragraph of Article L. 521-1 of the same code;
« 4° From the school allowance mentioned at theArticle L. 543-1 of the Social Security Code ;
« 5° Additional free choice of the mode of custody referred to in articles L. 531-5 to L. 531-9 of the Social Security Code;
« 6° The education allowance of the disabled child and its supplements mentioned to theArticle L. 541-1 of the Social Security Codethe specific increase for the individual referred to in section L. 541-4 of the same code and the provision of compensation for the disability when it is perceived under theArticle 94 of Act No. 2007-1786 of 19 December 2007 Social Security Funding 2008;
« 7° Daily parental allowance referred to in theArticle L. 544-1 of the Social Security Code ;
« 8° Relocation bonuses provided by Articles L. 542-8 of the Social Security Code and L. 351-5 of the Construction and Housing Code;
« 9° The compensation benefit referred to in Article L. 245-1 or the compensatory allowance provided for in Chapter V of Title IV of Book II of the Code of Social Action and of Families in its writing prior to the Act No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons with disabilities, where one or the other is used to pay a third party not part of the home of the beneficiary of active solidarity income;
« 10° In-kind benefits due to health insurance, maternity, occupational accidents and occupational diseases or for State medical assistance;
« 11° Maternity replacement allowance Articles L. 613-19-1 and L. 722-8-1 of the Social Security Code and L. 732-10 of the rural code;
« 12° Capital compensation awarded to the victim of a work accident provided for in theArticle L. 434-1 of the Social Security Code ;
« 13° Re-education bonus and honorary loan mentioned to theArticle R. 432-10 of the Social Security Code ;
« 14° Financial aids and relief, the amount or periodicity of which are not of a regular nature, as well as assistance and relief for expenses that contribute to the integration of the recipient and his family, including in the areas of housing, transport, education and training;
« 15° From the return to employment bonus and the personalized return to employment help mentioned respectively to the Articles L. 5133-1 and L. 5133-8 of the Labour Code and the allocation referred to in Article L. 5131-6 of the same code;
« 16° Scholarships and the allocation for diversity in the public service;
« 17° Funeral fees mentioned at theArticle L. 435-1 of the Social Security Code ;
« 18° Death capital served by a social security system;
« 19° The allocation of the solidarity fund for North African veterans planned forArticle 125 of Law No. 91-1322 1992;
« 20° Specific assistance to surviving spouses of French nationality from members of the additional and assimilated formations, referred to in First and third paragraphs of Article 10 of Act No. 94-488 of 11 June 1994 relating to returnees, former members of the additional and assimilated formations or victims of captivity in Algeria;
« 21° The recognition allowance instituted by theArticle 47 of Law No. 99-1173 for 1999;
« 22° Repair measures mentioned in theArticle 2 of Decree No. 2000-657 of 13 July 2000 establishing a remedy for orphans whose parents were victims of anti-Semitic persecution;
« 23° Repair measures mentioned in theArticle 2 of Decree No. 2004-751 of 27 July 2004 providing financial assistance in recognition of the suffering suffered by orphans whose parents were victims of barbaric acts during the Second World War.
"Art.R. 262-12.-The resources mentioned in section R. 262-8 are not taken into account during the first three months following the commencement or resumption of employment, training or internship.
"The cumulative period of benefit of the provisions of the first paragraph, for each person in the home, cannot exceed four months per twelve month period.
"Art.R. 262-13. -No account shall be taken of the resources of the nature of professional income or taking place mentioned in article R. 262-8, nor of the allowances to unintentionally deprived workers of employment mentioned by the Articles L. 5422-1, L. 5423-1 and L. 5423-8 of the Labour Codewhere it is justified that the perception of these revenues is interrupted in a certain way and that the individual cannot claim alternative income.
"Other resources are not taken into account, within the monthly limit of the lump sum referred to in 2° of Article L. 262-2 fixed for a single person home, when it is justified that their perception is interrupted in a certain way and that the individual cannot claim a substitute income.
"On an individual decision of the President of the General Council in the light of the exceptional situation of the applicant in relation to his social and professional integration, the provisions of the first paragraph are not applied when the interruption of the perception of resources results from a resignation.
"Art.R. 262-14. -On an individual decision of the President of the General Council in view of the exceptional situation of the applicant in relation to his social and professional integration, he is not taken into account the liberalities granted to the members of the household.
"Art.R. 262-15.-Where resources of a professional income character or taking place referred to in section R. 262-7 are of an exceptional character, they are excluded from the calculation referred to in section R. 262-6 and fully allocated to the calculation of the rights paid to the beneficiary under the first month of payment of the allowance according to the reference quarter.
"For the purposes of this Article, a joint decree of ministers responsible for social action and budget sets out the rules of calculation and the conditions for assessing the exceptional nature of these resources.
“Paragraph 3
"Non-salarial provisions
and persons engaged in seasonal activities
"Art.D. 262-16.-People under the regime referred to inArticle L. 611-1 of the Social Security Code may claim active solidarity income when the last known annual turnover, updated if any, does not exceed, depending on the nature of the activity exercised, the amounts fixed to Articles 50-0 and 102 ter of the General Tax Code.
"The amount of the last known turnover, if any, is updated, based on the annual average rate of change in the overall household consumer price index, between the year of the demand and the year to which the turnover relates, as shown in the economic and financial report annexed to the financial bill.
"Art.D. 262-17.-Non-employed workers under the scheme referred to in Article L. 722-1 of the rural code meeting the conditions laid down in Article L. 262-2 of this Code may claim for the benefit of the active solidarity income when developing an operation for which the last known agricultural benefit does not exceed 800 times the amount of the minimum wage of growth effective January 1 of the reference year.
"The amount defined in the preceding paragraph is increased by 50% when the home consists of two persons and 30% for each additional person provided that these persons are:
« 1° The spouse, a partner bound by a civil pact of solidarity or the concubine of the individual;
« 2° Family assistance, as defined in article L. 722-10 of the rural code, under the age of 25 and not charged with a family;
« 3° An operating partner defined by articles L. 321-6 to L. 321-12 of the rural code under the age of 25 and not charged with a family;
« 4° A person between the ages of seventeen and twenty-five who meets the conditions set out in section R. 262-3 of this Code.
"However, when the home consists of more than two persons mentioned in 2°, 3° and 4° above, the amount defined in the first paragraph is increased by 40% from the third person.
"Art.R. 262-18.-Professional income under income tax in the agricultural profit category is defined as the profits of the penultimate year preceding the year in which the right to the allowance is examined.
"When the benefits have not been taxed, the incomes of people subject to the plan plan are calculated by the agency responsible for the active solidarity income service by applying to animal and plant productions the elements selected for the calculation of the lump-sum agricultural profits in the tables published in the Official Journal of the French Republic.
"Any assistance, grant and non-qualified allowance for the fixed benefit as well as for the benefit mentioned in theArticle 76 of the General Tax Code is added to the income defined in the preceding paragraphs. A prefectural order identifies those that have been taken into consideration for fixing the package. The President of the General Council shall be notified of this order.
"Art.R. 262-19.-Industrial and commercial profits and non-commercial profits are defined by the results or benefits determined on the basis of the tax regimes applicable to the penultimate year.
"Art.R. 262-20.-For the persons mentioned in theArticle 62 of the General Tax Code, income earned is defined as pay before deduction for professional costs.
"Art.R. 262-21.-For the assessment of professional income defined in sections R. 262-18 and R. 262-19, it is disregarded for the categoryal deficits and undervalues experienced in the reference year as well as the deficits noted in previous years.
"These professional incomes are revalued based on the annual average rate of evolution of the general index of non-smoking consumer prices between the year to which these professional incomes relate and the year to which the demand is presented, as shown in the economic and financial report annexed to the financial bill.
"Art.R. 262-22.-The professional income of non-salariees taken into account is equal to 25% of the annual income established under section R. 262-23.
"Art.R. 262-23.-According to the terms set out in sections R. 262-18 to R. 262-22, the President of the General Council shall determine the assessment of the non-earmarked professional income required for the calculation of the active solidarity income.For this purpose, the President shall take into account, either at his initiative or at the request of the individual, elements of any kind relating to the professional income of the individual.
"Art.R. 262-24.-In the absence of a declaration or imposition of one or more non-employed activities, the President of the General Council shall assess income in the light of all the assessment elements provided by the applicant.
"Art.R. 262-25.-If the beneficiary, his or her spouse, the partner bound by a civil pact of solidarity or the concubine or one of the dependants defined in section R. 262-3 shall be seasonal, and if the amount of his or her resources, as defined in the article R. 262-3Article R. 532-3 of the Social Security Code for the last calendar year, is more than twelve times the monthly lump sum applicable to the home on January 1 of this year, the person concerned cannot benefit from the active solidarity income or cease to be entitled to it, unless he justifies an effective change in his or her professional situation.
"Subsection 2
"Attribution and Service of Delivery
“Paragraph 1
"Request and Instructions for Allocation Applications
"Art.D. 262-26.-The demand for active solidarity income may be filed:
“(a) At the municipal or inter-communal centre of social action of the applicant's place of residence, when his board of directors decided to instruct the active solidarity income claims under Article L. 262-15;
“(b) With the services of the department;
"(c) With non-profit associations or organizations to which the President of the General Council has delegated administrative instruction;
"(d) With the agencies responsible for the active solidarity income service referred to in Article L. 262-16;
“e) With Pôle emploi, as soon as its board of directors has decided to instruct requests for active solidarity income, pursuant to section D. 262-27.
"Art.D. 262-27.-The Board of Directors of Pôle emploi may decide that this body shall include all or part of the requests for active solidarity income. The terms and conditions for carrying out this mission, including the categories of job seekers for which this instruction is being conducted, are specified in an agreement between Pôle emploi, the Caisse nationale des allocations and the Caisse Centrale de la mutualité agricole, following the advice of the representative association of the departments at the national level.
"Art.D. 262-28.-Requests for active solidarity income are free of charge by the services or organizations to which they have been filed.
"Art.D. 262-29.-The agencies responsible for the instruction of active solidarity income claims jointly define with the President of the General Council a quality of service commitment, guaranteeing, through measurable criteria, the reliability and speed of the training operations.
"Art.D. 262-30.-The delegation granted by the President of the General Council on the basis of Article L. 262-15 sets out, inter alia, the territorial jurisdiction in which the association or agency is entitled to receive and investigate requests for active solidarity income.
"Art.R. 262-31. -The application form for the allocation of active solidarity income is set by joint order of the ministers responsible for social action, social security and local authorities.
“Paragraph 2
"Disposal, Payment and Revision of Allowance
"Art.R. 262-32.-Where, within the home, one of the members or his spouse, a partner bound by a civil pact of solidarity or concubine is already allocatary for family benefits, he is also the beneficiary under the active solidarity income allowance.
"In the opposite case, the beneficiary is the one they designate in common agreement. This right of option can be exercised at any time. The option can only be challenged at the end of a year, unless the situation changes. If this right of option is not exercised, the recipient is the recipient who filed the claim for an allowance.
"Art.R. 262-33.-Without prejudice to the specific provisions set out in sections L. 262-37 and L. 262-38, the allowance shall be payable on the first day of the calendar month in which the application was filed with one of the organizations referred to in section D. 262-26.
"Art.D. 262-34.-The allocation is liquidated for successive periods of three months from the resources calculated in accordance with section R. 262-7.
"However, changes in situations that would change the rights to active solidarity income will take effect on the first day of the calendar month in which the event changed the situation of the individual. They cease to produce their effects from the first day of the calendar month following the one in which the conditions cease to be met.
"When in the same month the cessation of an activity or training occurs successively, then the resumption of an activity or training, the beneficiary is deemed, for the calculation of the active solidarity income, to have carried out his activity continuously during the month.
"Art.R. 262-35.-The active solidarity income ceases to be due on the first day of the calendar month in which the conditions for the opening of the law cease to be met. However, in the event of death of the beneficiary, child or other household member, the allowance or allowance ceases to be payable on the first day of the calendar month following that of death.
"Art.R. 262-36.-The active solidarity income allowance is paid monthly to expired.
"Art.R. 262-37. -The recipient of the Active Solidarity Income Benefit is required to inform the benefit agency of any information relating to his residence, family situation, activities, resources and property of the household members; it must make known to this body any change in either of these elements.
"Art.R. 262-38.-In the event of a non-return to the quarterly statement of resources within the time required to calculate the allowance, the President of the General Council may decide that an advance is paid to the recipient. The terms and conditions for calculating this advance, as well as the conditions that justify the applicant ' s claim, are set by deliberation of the General Council.
"Art.R. 262-39.-The amount below which the allowance is not paid is set at 6 €.
"Art.R. 262-40.-The President of the General Council terminates the right to active solidarity income and removes the list of beneficiaries of active solidarity income, as the case may be:
« 1° Within the time limits set out in Article R. 262-35 when the conditions of opening the law cease to be met and following a suspension of payment decided under Article L. 262-37;
« 2° On the first day of the month following a period of four consecutive calendar months of interruption of payment of the allowance, where the household resources are greater than that of the guaranteed income referred to in section L. 262-2 or when the interruption is effected under section L. 262-12.
"By derogation from 2°, when one of the household members has entered into one of the contracts referred to in articles L. 262-35 and L. 262-36 or a personalized job access project mentioned in theArticle L. 5411-6-1 of the Labour Codethe end of the right to active solidarity income is deferred to the expiration of the contract or project.
"Art.R. 262-41.-Non-profit organizations approved for this purpose by the President of the General Council may receive and remit to their beneficiaries the active solidarity income.
"Art.R. 262-42.-The agricultural social mutuality funds provide the service of active solidarity income:
« 1° When the beneficiary, his spouse, his partner bound by a civil pact of solidarity or his concubin falls under the regime of agricultural non-salaries;
« 2° When the beneficiary, his or her spouse, partner bound by a civil pact of solidarity or his or her concubin is an agricultural employee, farmer or farmer or rural artisan, unless family benefits are paid to one or the other by a family allowance fund.
“Paragraph 3
« Suspension or reduction of the allocation
"Art.R. 262-43.-If a beneficiary who has neither a spouse nor a partner bound by a civil pact of solidarity, nor a concubine, nor a dependant is hospitalized in a health care institution for more than sixty days, receiving health insurance coverage, the amount of his or her allowance is reduced by 50%. This provision is not applicable to persons in pregnancy.
"The reduction of the allowance is only effected during periods during which the recipient is actually accommodated in a health care facility, excluding periods of suspension of health insurance coverage.
"Art.R. 262-44.-The reduction of the allowance made under section R. 262-43 is effected from the first day of the month following the end of the sixty-day period referred to in this article.
"The service of the allowance is taken at the normal rate, without further demand, starting on the first day of the month in which the employee is no longer hospitalized in a health facility.
"Art.R. 262-45.-If a beneficiary who has no spouse, partner bound by a civil covenant of solidarity, concubine, or dependant is detained in a correctional institution for a period of more than sixty days, the allowance shall be suspended from the first day of the month following the end of the sixty-day period.
"If the beneficiary has a spouse, a partner bound by a civil pact of solidarity, a concubine or a dependant defined in section R. 262-3, the time limit referred to in the first paragraph to a review of the rights to which the other persons benefit shall no longer be counted by the recipient as a member of the home.
"The allocation service is taken from the first day of the month in which the incarceration ends.
"The provisions of this Article shall not apply to persons who, maintaining a dependent child, are entitled to the increase referred to in Article L. 262-9.
"Art.R. 262-46.-In accordance with Article L. 262-10, the home has a period of two months from the filing of its application to assert its rights to social benefits referred to in the first paragraph of this article.
"However, the right to family support allowance is, pursuant toArticle R. 523-2 of the Social Security Code, open to beneficiaries of the increase referred to in section L. 262-9 without having to apply.
"When the home does not meet the conditions for the opening of the right to the family support allowance, but has acquired rights to claims of food, it has a period of four months from its application for an active solidarity income allowance to assert its rights.
"Art.R. 262-47.-The home that acquires rights to social benefits or claims of food referred to in Article L. 262-10, which he did not have at the time of the opening of the right to active solidarity income allowance, is required to assert these rights and to inform the president of the General Council, as well as the agency responsible for the allocation service, of the change of his situation. The President of the General Council shall, if necessary, enjoin the recipient to proceed with the corresponding steps. The deadlines referred to in Article R. 262-46 shall run from that notification.
"Art.R. 262-48. -The waiver of claiming its rights to food claims may be granted to the home where the debtor of food, for reasons that are particularly relevant to the social difficulties that he faces, to his health situation or to his family situation, is out of condition to fulfil the obligations referred to in the third and fourth paragraphs of Article L. 262-10.
"It may also be waived if it has a legitimate reason not to assert its rights.
"Art.R. 262-49.-If, at the end of the periods referred to in sections R. 262-46 and R. 262-47, the home has not claimed its rights to the benefits or claims of food referred to in section L. 262-10 or has not requested to be exempted from the obligation and the President of the General Council intends to terminate the payment of the allowance
"The provisions of the previous paragraph are also applicable when the President of the General Council considers refusing the exemption requested.
"The reduction referred to in section L. 262-12 is equal to the amount of the family support allowance referred to in section L. 523-1 due to a parent with a single child.
"The information provided for in the preceding paragraphs and the decision to reduce or terminate the entitlement made by the President of the General Council shall be notified to the home by registered letter with notice of receipt. The reduction ends, by a decision of the President of the General Council, on the first day of the month in which the home provided evidence that it asserted its rights.
"Subsection 3
« Financing active solidarity income
"Art.D. 262-50.-The National Fund for Active Solidarity under Article L. 262-24 is administered by a Management Board, assisted by a secretariat under the authority of the Minister for Social Action.
"The Caisse des dépôts et consignations is responsible for the administrative, accounting and financial management of the National Fund for Active Solidarity under the conditions established by a memorandum of understanding between the President of the Board of Management and the Director General of the Caisse des dépôts et consignations, approved by the Board of Management.
"Art.D. 262-51.-The Management Board of the National Active Solidarity Fund is composed of:
« 1° A President, appointed by order of the Minister for Social Action, and two other representatives of the Minister for Social Action;
« 2° a representative of the minister responsible for the budget;
« 3° A representative of the Minister for Social Security;
« 4° a representative of the Minister responsible for employment;
« 5° A representative of the Minister for Agriculture;
« 6° a representative of the Minister for Territorial Communities;
« 7° The Director General of the Caisse des dépôts et consignations;
« 8° The President of the Board of Directors of the National Family Allowance Fund;
« 9° President of the Central Board of Directors of the Agricultural Social Mutuality;
« 10° President of the Board of Directors of the Central Agency of Social Security Agencies;
« 11° The Director General of Employment.
"Each member mentioned in the 7th to 11th may be represented by a member of the institution to which he belongs.
"Art.D. 262-52.-The Management Board shall meet at least once a year on the convocation of the President.
"Art.D. 262-53.-For the expression of his vote, each member of the council has one vote.
"The deliberations of the council are adopted by a simple majority of the votes cast. In case of sharing, the president's voice is preponderant.
"The management board shall only deliberate validly if half of the members are present or represented in the session. If the council is unable to deliberate validly, it may be reunited and deliberately validly, regardless of the number of members present, within a clear day.
"Art.D. 262-54.-The Management Board is consulted by the Chair on the conventions referred to in Article L. 262-25 III. It may have before it any matter relating to the management and financing of expenditures referred to in the fourth paragraph of Article L. 262-24.
“Art.D. 262-55.-The National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality inform the secretariat of the National Fund for Active Solidarity:
« 1° During the first fifteen days of the second month of each quarter:
“(a) The amount of money they actually paid, over the past quarterly period, for active solidarity income, distinguishing:
“– the department’s share;
"– the share of the National Fund of Active Solidarity and, within it, the amounts paid to the beneficiaries of active solidarity income who have concluded the individual convention referred to in theArticle L. 5134-19-1 of the Labour Code during the period mentioned at the 5th of Article L. 262-3 of this Code;
“(b) The amount of management costs incurred by the organizations referred to in Article L. 262-16;
« 2° Prior to February 28, each year, the total amount of the amounts actually paid in the previous year for each of the expenses mentioned in the 1st.
"Art.D. 262-56.-Each year, on the proposal of the Chair, the Management Board shall adopt before March 31:
« 1° For the coming fiscal year, the forecast statement of income and expenditures related to obligations of any kind in the fund;
« 2° The balance sheet, result account and activity report for the past year.
"Art.D. 262-57.-I. ― The income of the National Fund for Active Solidarity is as follows:
« 1° The contribution of the State;
« 2° The proceeds of the additional contributions referred to in the III of Article L. 262-24;
« 3° Income from the funds placed;
« 4° Accidental and diverse recipes.
“II. ― The expenses of the National Fund for Active Solidarity are as follows:
« 1° The amounts paid in respect of the share of the active solidarity income referred to in the fourth paragraph of Article L. 262-24;
« 2° The amounts paid for the personalized return to employment assistance mentioned in theArticle L. 5133-8 of the Labour Code ;
« 3° The share of management costs incurred in the payment of active solidarity income by the organizations referred to in Article L. 262-16 and covered by the fund;
« 4° The operating costs of the fund;
« 5° The procedural costs;
« 6° Accidental and diverse expenses.
"Art.D. 262-58.-Where the agreement provided for in Article L. 262-25 could not be signed, the National Fund for Active Solidarity shall pay to the Central Agency for Social Security Agencies, on behalf of the National Fund for Family Allowances, and to the Central Fund for Agricultural Social Mutuality its contribution to the financing of the expenses referred to in the fourth paragraph of Article L. 262-24 under the conditions set out below.
"On the 5th of each month or the preceding business day, the National Fund for Active Solidarity shall pay to the National Fund for Family Allowances and to the Central Fund for Agricultural Social Mutuality a deposit equal to the twelfth of their expenses recorded in the forecast statement provided for in Article D. 262-56. By derogation, for the month of January, the payment is made on the 15th of the month or the preceding business day.
"Art.D. 262-59.-For the management of the National Fund for Active Solidarity, the Caisse des dépôts et consignations opens in its writings a special account where it records the expenses and revenues of the fund.
"It shall address every quarter and beginning of a calendar year to the President of the Management Board all the financial elements necessary for the preparation of the documents provided for in section D. 262-56.
"Subsection 4
“Conventions concluded between the department
and the agencies responsible for the allocation service
"Art.R. 262-60.-The agreement under Article L. 262-25 contains general provisions relating to:
« 1° its effective date and duration;
« 2° Its methods of assessment, adaptation, renewal and denunciation;
« 3° The list of delegated competencies on the basis of Article L. 262-13, as well as their methods of monitoring, evaluation and control;
« 4° The conditions and limitations in which the friendly appeals board of these bodies renders an opinion on administrative remedies to the President of the General Council; These stipulations include the subject matter and the amount of the disputes before the commission and the financial conditions of the intervention;
« 5° Amicable dispute settlement between the parties.
"Art.D. 262-61.-For the organization of financial relations under the active solidarity income service, the convention provides:
« 1° Payment by the monthly instalment department to the agency responsible for the active solidarity income service, on the basis of claims made in accordance with the requirements of Article II L. 262-25.
"Accounts are paid by the last day of each month. They are equal to the amount of expenditures recorded by the organization in respect of the share of the active solidarity income at the expense of the department during the last known calendar month.
"They give rise to regularization at the end of each fiscal year, the difference between the sum of the deposits paid and the expenditures actually recorded by the organization during the fiscal year on the nearest monthly deposit;
« 2° The terms and conditions for the reimbursement of the financial expenses that could result in the agency responsible for the allocation of the monthly payment delays by the department. This operation is carried out at least once a year;
« 3° An action plan to prevent indus, improve departmental information on indus and facilitate recovery. For the purposes of Article L. 262-46, the agreement specifies the period at which the agency transmits to the department the unrecovered undue, the recovery missions that are entrusted to the organization during that period and the modalities for the transmission of information defined in the article.
"Art.D. 262-62.-The exercise of delegated competencies that do not relate to the instruction and service of the benefit as well as the additional actions carried out at the request of the President of the General Council may result in remuneration of the agencies responsible for the active solidarity income service. Such remuneration is, if applicable, fixed in the agreement.
"Art.D. 262-63.-For the organization of the control of active solidarity income and the exchange of information, the convention includes:
« 1° A detailed allocation service control plan for an analysis of risks identified at the national and local levels. This monitoring plan takes into account the national tools developed in the respective information systems of the managers and the local situation of the department.As such, the convention can complement the national commitments of quality of service and control of the agency as well as the tools, including computers, which, within its national network, has the agency responsible for the active solidarity income service;
« 2° Timeliness in which each party makes and communicates to the other party decisions within its jurisdiction and conditioning the liquidation of rights;
« 3° The practical modalities of the information transmissions provided for in this chapter between the agency responsible for the active solidarity income service and the President of the General Council.
"Art.D. 262-64.-In the absence of a convention:
« 1° The agency responsible for the service shall provide the instruction and service of the allocation on behalf of the department under the conditions set by this code and shall carry out the control of the beneficiaries in accordance with the measures established under the national risk control plan;
« 2° The department provides funding from the allowance to its dependant under the conditions set out in 1° and 2° of article D. 262-61. For the application of the 2nd of Article D. 262-61, the interest rate for the calculation of potential financial expenses is the weighted average rate of the currency market on the day in euro plus one point. Reimbursement of these charges is made in the month following the end of each calendar quarter.
“Section 3
“The rights and duties of beneficiaries
of the active solidarity income
"Art.D. 262-65.-The amount of income derived from the exercise of a professional activity below which the beneficiary of the active solidarity income is required, pursuant to Article L. 262-28, to seek a job, to undertake the necessary steps for the creation of his own activity or the actions necessary for a better social or professional integration is equal, on average monthly calculated on the reference quarter, to €500.
"Art.R. 262-66.-Where the conventions referred to in Article I of Article L. 262-25 and Article L. 262-32 provide, the agencies responsible for the active solidarity income service shall assist the President of the General Council in the implementation of the provisions of Article L. 262-29. In accordance with the terms and conditions established by these conventions, they shall use, for the exercise of this mission, the common reference for assistance in the decision-making for the orientation of beneficiaries, prepared by the National Fund for Family Allowances, the Central Fund for Agricultural Social Mutuality and Employment. This repository is submitted, for advice, to the representative association of the departments at the national level.
"Art.R. 262-67.-People who hold the single insertion contract mentioned in theArticle L. 5134-19-1 of the Labour Code, where they are no longer bound to the obligations referred to in Article L. 262-28 of this Code, shall, until the expiry of the individual agreement attached to this contract, be entitled to accompaniment under the conditions determined under Article L. 262-29.
"Art.R. 262-68.-The suspension of the active solidarity income referred to in Article L. 262-37 may be pronounced, in whole or in part, under the following conditions:
« 1° When the recipient has never been the subject of a suspension decision, in whole or in part, the President of the General Council may decide to reduce the allowance to a maximum amount of € 100, for a period of up to one month;
« 2° When the recipient has already been the subject of such a decision, the President of the General Council may reduce the allowance for an amount determined and a term of not more than four months. However, where the home is composed of more than one person, the reduction may not exceed 50% of the lump sum referred to in 2° of section L. 262-2.
"When the decision was based on an erroneous ground, a regularization of unpaid amounts was undertaken.
"Art.R. 262-69.-When the President of the General Council plans to reduce or suspend in whole or in part the active solidarity income pursuant to Article L. 262-37, he shall inform the interested party by mail of the reasons for which he initiates this procedure and the consequences that he may have for him.
"The interested party is invited to submit its comments to the competent multidisciplinary team within a maximum of one month from the date of notification of this mail. He is informed of the opportunity to be heard by the multidisciplinary team and, on the occasion of this hearing, to be assisted by the person of his choice.
"Art.R. 262-70.-The President of the General Council shall determine the number, jurisdiction, composition and operating regulations of the multidisciplinary teams referred to in L. 262-39.
"Art.R. 262-71.-When it is seized, pursuant to sections L. 262-39 or L. 262-53, of an application for notice, the competent multidisciplinary team shall decide within one month of its referral, if any, in the light of written or oral submissions made by the recipient. If she did not pronounce herself at the end of this period, her notice is deemed to be rendered.
"The President of the General Council may make the decision that motivated the consultation of the multidisciplinary team upon receipt of the notice or, if not, upon the expiry of the period referred to in the preceding paragraph.
"When it is seized, pursuant to Article L. 262-39, of requests for advice regarding proposals for reorientation to social and vocational institutions, the competent multidisciplinary team shall decide within one month of its referral. If she did not pronounce herself at the end of this period, her notice is deemed to be rendered.
"The President of the General Council shall make reorientation decisions upon receipt of the notice of the multidisciplinary team or, if not, upon the expiry of the period referred to in the preceding paragraph.
"Art.R. 262-72.-For the purposes of section L. 262-37, the beneficiary of the active solidarity income who, pursuant to 1° of article R. 5411-17 of the Labour Code, ceased to be registered on the list of job seekers is, if not re-registration within one month, considered to no longer meet the obligations referred to in Article L. 262-37 of this Code.
"Art.D. 262-73.-The duration of the deletion referred to in the third paragraph of section L. 262-30, beyond which the referent must propose to the President of the General Council a new direction, is fixed to two months.
“Section 4
“Control, litigation and combating fraud
“Paragraph 1
« Evaluation of life train elements
"Art.R. 262-74.-The flat-rate evaluation of the life train provided for in section L. 262-41 shall take into account the following elements and scales:
« 1° Built properties owned or occupied by the applicant or beneficiary: one quarter of the annual rental value defined in sections 1494 to 1508 and 1516 to 1518 B of the general tax code. For properties located in a territory in which no rental value is applicable or cannot be known, the rental value is that of accommodation occupied by the applicant or the beneficiary;
« 2° Unbuilt properties owned or occupied by the applicant or beneficiary: one quarter of the annual rental value defined in sections 1509 to 1518 A of the general tax code. For properties located in a territory in which no rental value is applicable or cannot be known, the rental value is that of accommodation occupied by the applicant or the beneficiary;
"3° Work, expenses and maintenance of buildings: 80% of the amount of expenditure;
« 4° Personnel and domestic services: 80% of expenditure;
« 5° Automobiles, pleasure craft, motorcycles: 6, 25% of the venal value of each property when it is greater than €10,000;
« 6° Electric appliances, son-hifi-video equipment, computer equipment: 80% of the amount of expenditure when these are greater than €1,000;
« 7° Art or collection objects, jewelry items and precious metals: 0, 75% of their renal value;
"8° Travel, stays in hotels and vacation rentals, restaurants, reception fees, cultural, educational, communication or leisure services: 80% of the amount of expenditure;
« 9° Sports and leisure clubs, hunting rights: 80% of expenditure;
"10° Capitaux: 2.5% of the amount at the end of the reference period.
"Art.R. 262-75.-For the purposes of section R. 262-74:
« 1° Expenses are those paid for the benefit of the applicant's or recipient's home during the reference period;
« 2° The value of the property is the real value at the date of the disposition. These include at the end of the evaluation, where they exist:
“(a) The amount guaranteed by the insurance contract;
“(b) The particular estimate by a professional;
"(c) The reference from an authoritative professional publication.
"Art.R. 262-76. -The reference period is that referred to in Article D. 262-34.
"Art.D. 262-77.-The ceiling referred to in Article L. 262-41 below which the professional heritage of the home is not taken into account in the application of the provisions of that Article is equal to the monthly ceiling referred to in first paragraph of Article L. 241-3 of the Social Security Code.
"Art.R. 262-78.-When it is considered to use the procedure provided for in Article L. 262-41, the President of the General Council, upon request or after consultation with the agency responsible for the service of the allowance, shall inform the applicant or beneficiary of the benefit, by registered letter with acknowledgement of receipt. The purpose of the letter is to:
« 1° To inform the Committee of the subject matter of the proceedings, its conduct, its possible consequences, its ability to request that the person of his or her choice be heard and assisted in the interview, the penalties applicable in the event of false or incomplete declarations, and that the outcome of this evaluation will be transmitted to other social security organizations that assign him or her, if any, benefits under terms of resources;
« 2° To invite him to return, within thirty days, the questionnaire sent by the organization to assess the various elements of his life train accompanied by all supporting documents, specifying that, in the absence of a complete response within that period, provisions of the third paragraph of Article L. 161-1-4 of the Social Security Code will be applied.
"Art.R. 262-79. -The marked disproportion between the life train and the declared resources is found when the amount of the life train assessed on a flat basis pursuant to section R. 262-74 is greater or equal to an amount resulting, for the reference period, from the double of the sum:
« 1° The lump sum applicable to the home;
« 2° Benefits and assistance referred to in articles R. 262-10;
« 3° Professional and assimilated revenues referred to in R. 262-8.
"In this case, the lump sum assessment of the elements of the life train is taken into account in determining the right to active solidarity income.
"Art.R. 262-80.-Where the resources taken into account according to the flat-rate evaluation of the life train do not qualify for the active solidarity income, the allowance may be granted by the President of the General Council in the event of exceptional circumstances related in particular to the economic and social situation of the home, or if it is determined that the marked disproportion has ceased. In case of refusal, the decision shall be notified to the applicant or recipient by registered letter with acknowledgement of receipt. It is motivated and indicates the remedies available to the individual.
"Art.R. 262-81.-The information transmitted to the Minister for Social Action by the National Fund for Family Allowances and the Central Fund for Agricultural Social Benefit, pursuant to section L. 262-54, shall include, at the end of each quarter, an assessment of the application of the provisions set out in this subsection.
“Paragraph 2
“Controlling
"Art.R. 262-82.-Any form relating to active solidarity income refers to the possibility for the President of the General Council, the agencies responsible for the instruction and service of the allowance to carry out the audits of the statements of beneficiaries.
"Art.R. 262-83.-The beneficiary of the active solidarity income as well as the members of the home are required to produce, at the request of the agency responsible for the service of the benefit and at least once a year, any supporting documentation necessary for the control of the conditions of openness of law, in particular the control of resources, including wage bulletins. In case of non-presentation of the requested parts, the application of the provisions of Article L. 161-1-4 of the Social Security Code.
"Organisms may exempt themselves from the request referred to in the first paragraph when they are able to perform controls by other means available to them, and in particular when they may obtain from the competent legal entities the information involved by electronic data transmission.
"Art.R. 262-84.-Organizations that provide service to the benefit are required to inform the recipient of all the rights and obligations that relate to that quality when notification of the decision to allocate the active solidarity income allowance.
“Paragraph 3
« Combating fraud
"Art.R. 262-85.-For the purposes of section L. 262-52, the competences vested in the director of the social security organization and the commission formed in the board of directors of that body are exercised respectively by the president of the General Council and the multidisciplinary team referred to in section L. 262-39.
"Art.R. 262-86.-The adversarial procedure applicable to award the penalty referred to in Article L. 262-53 is the procedure applicable under Article L. 262-52.
“Paragraph 4
« Litigation
"Art.R. 262-87.-The President of the General Council may decide that two persons shall serve on a deliberate basis within the friendly appeal board referred to in theArticle R. 142-1 of the Social Security Codewhen consulted on the occasion of a pre-administrative appeal against a decision on active solidarity income.
"Art.R. 262-88.-The preliminary administrative remedy referred to in Article L. 262-47 shall be sent by the beneficiary to the President of the General Council within two months of notification of the contested decision. The Claimant is based on its claim.
"The appeal submitted by an association pursuant to Article L. 262-47 is admissible only if accompanied by a letter from the interested party giving the association a mandate to act on its behalf.
"Art.R. 262-89.- Except where the agreement referred to in Article L. 262-25 otherwise provides, the appeal shall be sent by the President of the General Council for advice to the friendly appeal board referred to in Article L. 262-25.Article R. 142-1 of the Social Security Code.
"In the cases provided for in the agreement referred to in Article L. 262-25 in which the friendly appeal board is not seized, the President of the General Council shall, within two months, decide on the administrative appeal that has been sent to him. This decision is motivated.
"Art.R. 262-90.-When it is seized, the amiable appeal board shall take a decision within one month of the date of referral. Upon receipt of the notice, the President of the General Council shall, within one month, decide on the administrative appeal that was sent to him.
"If she has not pronounced herself at the end of the period referred to in the previous paragraph, her notice shall be deemed to have been rendered and the President of the General Council shall, within one month, decide on the administrative appeal that was sent to her.
"The opinion of the Commission and the decision of the President of the General Council are motivated.
"Art.R. 262-91. -The decisions on active solidarity income mention the remedies available to beneficiaries and specify the modalities of the pre-administrative remedy established by Article L. 262-47.
“Section 5
“Remedies and Recovery
"Art.R. 262-92.-The amount referred to in Article L. 262-46, below which the unduly paid allowance does not result in recovery, is set at 77 €.
"Art.R. 262-93.-Where the debtor of an undue has ceased to receive the active solidarity income and is once again a beneficiary, the departmental payer may collect the income by pre-count on the allowances to be echoed.
"Art.R. 262-94.-When the agency responsible for the active solidarity income service recovers an undue on the echo benefit, the corresponding amounts are reimbursed to the debt communities on the prorated basis of the claims they hold.
“Section 6
"Information exchanges and statistical monitoring
"Subsection 1
« Information on active solidarity income
"Art.D. 262-95.-Before the end of the first quarter of each year, the President of the General Council shall transmit to the representative of the State in the department and statistical services of the ministries responsible for the social action and employment of aggregate data covering the previous and relative year:
« 1° Following the administrative instruction of requests for active solidarity income and the orientation of beneficiaries of active solidarity income;
« 2° Implementing the support of the beneficiaries of active solidarity income, the nature and distribution of the actions of integration and the control of the duties of the beneficiaries of active solidarity income;
« 3° To the credits devoted to insertion;
« 4° Staff costs and staff assigned to the management of active solidarity income;
« 5° Follow-up to litigation and cases reviewed by the friendly appeal boards.
"Art.D. 262-96.-Before the end of each quarter, the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality shall transmit to the statistical services of the ministries responsible for social action and employment aggregated data at the departmental and national levels covering the previous quarter:
« 1° To the number and characteristics of beneficiaries of active solidarity income and their beneficiaries entitled at the end of the quarter and to the amounts of initial income and benefits served;
« 2° To the number of beneficiaries of active solidarity income and their beneficiaries entitled at the end of each month of the quarter;
« 3° The number and characteristics of beneficiaries of active solidarity income and their beneficiaries who have changed their employment status during the quarter;
« 4° The characteristics of beneficiaries of active solidarity income and their right-holders who entered, suspended and released at the end of each month of the quarter and the reasons for exits.
"Art.D. 262-97.-Before the end of the first quarter of each year, the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality transmit to the statistical services of the ministries responsible for social action and employment aggregated data at the departmental and national levels covering the previous year:
« 1° The characteristics of beneficiaries of active solidarity income and their beneficiaries entitled to December 31 of the previous year;
« 2° The characteristics of the beneficiaries who entered the system of active solidarity income and their beneficiaries in the previous year and still present at 31 December of that year;
« 3° Expenditures related to the active solidarity income allocation;
« 4° Follow-up to the administrative instruction of requests for active solidarity income and support for the orientation of beneficiaries of active solidarity income;
« 5° Implementation of the allocation service.
"Art.D. 262-98.-The information referred to in Article L. 262-55 is transmitted to the statistical services of the ministries responsible for social action and employment.
"Art.D. 262-99.-The lists of statistical information to be transmitted pursuant to this subsection are set by joint decrees of ministers responsible for social action and employment and, when such transmissions are carried out by the departments, by the Minister responsible for territorial authorities.
"Art.D. 262-100.-The statistical services of the ministries responsible for social action and employment as well as the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality ensure the regular publication of the results of the exploitation of the data collected under this subsection.
"Art.R. 262-101.-The National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality centralize the financial and accounting transactions carried out, under active solidarity income, respectively by the family allowance funds and the funds for agricultural social mutuality. »
The code of social action and families is thus modified:
1° In R. 115-1, the words "minimum income of insertion" are replaced by the words "active solidarity income";
2° Article R. 123-21 is supplemented by a paragraph as follows:
"8° Deliverance, refusal to grant and termination of the domicile elections referred to in Article L. 264-2";
3° In R. 245-48, the words "minimum income of insertion" are replaced by the words "active solidarity income";
4° Articles R. 263-1 and R. 263-2 are repealed;
5° Section D. 271-2 is amended as follows:
(a) The 16th is repealed;
(b) The 17th is replaced by the following:
« 17° The share of active solidarity income equals the difference between the lump sum mentioned in the 2nd of Article L. 262-2 and the resources of the home";
6° In R. 271-6, the references: ", 16° and 17°" are replaced by the reference: " and 17°";
7° In Article R. 348-4, the words: "the minimum income of insertion defined in Article L. 262-2" are replaced by the words: "the lump sum of the active solidarity income mentioned in Article L. 262-2";
8° In R. 361-2, the words: "and allowance of single parent" are deleted and the words: "minimum insertion" are replaced by the words: "active solidarity";
9° Section R. 471-5 is amended as follows:
(a) The 7° is replaced by the following:
« 7° The share of active solidarity income equals the difference between the lump sum mentioned in 2° of Article L. 262-2 and the resources of the home. » ;
(b) The 8th is repealed.
I.-The Social Security Code is amended as follows:
1° In article R. 114-10, the words "in articles L. 114-17 and L. 524-7" are replaced by the words "in article L. 114-17";
2° Section R. 114-11 is amended as follows:
(a) In the first paragraph, the words "or article L. 524-7" are deleted;
(b) In the second paragraph, the words "and article L. 524-7" are deleted;
3° In the first paragraph of Article R. 114-13, the words "family or lump sum allowance referred to in Article L. 524-5" are replaced by the words "served by the agencies responsible for the payment of family benefits";
4° Article R. 114-15 is repealed;
5° In R. 142-7, the words ", L. 315-3 and L. 524-7" are replaced by the words "and L. 315-3";
6° In the second and fourth paragraphs of Article D. 161-1-1-1, the words: "at the annual amount of the minimum income allowance of guaranteed insertion to an isolated person under Article L. 262-1 of the Code of Social Action and Families" are replaced by the words: " twelve times the lump sum provided for in Article L. 262-2 of the Code of Social Action consisting of a single household and
7° The second paragraph of Article R. 172-13 is deleted;
8° The last two paragraphs of 2° I of Article R. 380-1 are replaced by a paragraph as follows:
" ― benefits established in Book II of the Code of Social Action and Families with the exception of those mentioned in Title V."
9° Section 2 of Chapter I of Title VIII of Book III (Part Two: Orders in the Council of State, and Part Three: Orders) is repealed;
10° Article D. 412-86, the words: "Professional integration actions organized by legal persons of public law or private law towards the beneficiaries of the minimum income of insertion and the members of their home for the execution of the undertaking referred to in Article 2 of Act No. 88-108 of 1 December 1988" are replaced by the words: "The actions of professional integration organised in favor of
11° Chapter IV of Title II of Book V (Part Two: Decrees in the Council of State, and Part Three: Decrees) is repealed;
12° Section R. 531-6 is amended as follows:
(a) In the first paragraph, the words: "of one of the allowances referred to in Article L. 524-1 of this Code and Article L. 262-1 of the Code of Social Action and Families" are replaced by the words: "of active solidarity income as long as the resources of the home are less than the applicable lump sum mentioned in Article L. 262-2 or in Article L. 262-9 of the Social Act;
(b) In the third paragraph, the words: "a contract of insertion referred to in article L. 262-37 of the code of social action and families" are replaced by the words: "one of the contracts mentioned in articles L. 262-35 or L. 262-36 of the code of social action and families or of the personalized project of access to employment mentioned in theArticle L. 5411-6-1 of the Labour Code » ;
(c) In the fourth paragraph, the words: "The National Employment Agency" are replaced by the words: "Pôle emploi";
13° In article D. 541-3, the words "in the meaning of article L. 524-2" are deleted;
14° In the seventh paragraph of Article D. 553-1, the words: "the minimum income of insertion, when related to the periods of leave or suspension of care referred to in Articles R. 821-8, R. 824-13, R. 821-14 and R. 821-14 respectively.Article 29 of Decree No. 88-1111 of 12 December 1988 amended to determine the minimum income for insertion and the minimum income allowance for insertion and to amend the Social Security Code are replaced by the words: "active solidarity income, when they are related to leave or suspension periods of care referred to in articles R. 821-8, R. 824-13, R. 821-14 and L. 262-19 of the Code of Social Action and Families";
15° Paragraphs six to eleven of Article R. 821-4 are repealed;
16° In sections R. 861-5 and R. 861-7, the words: "minimum income of insertion" are replaced by the words: "of the lump sum provided for in 2° of Article L. 262-2 of the Code of Social Action and of the families applicable to a home made up of a single person".
II.-Au second paragraph of Article 42 of Decree No. 54-883 of 2 September 1954 made for the application of all the provisions of Decree No. 53-1186 of 29 November 1953 the words "of the minimum income allowance for insertion" are replaced by the words "of the active solidarity income referred to in Article L. 262-2 of the Code of Social Action and Families".
TheArticle R. 5425-10 of the Labour Codeis repealed.
In article R. 121-4 of the Code of Entry and Residence of Aliens and the Right of Asylum, the words: "the minimum income of insertion referred to" are replaced by the words: "the lump sum of the active solidarity income mentioned in 2° of".
Article 2 of the aforementioned Decree of 19 December 1991 is amended as follows:
1° The reference: "R. 262-6" is replaced by the reference: "R. 262-10";
2° It is added an e as follows:
“e) The active solidarity income referred to in Article L. 262-1 of the Code of Social Action and Families. »
In article D. 731-99 of the rural code, the words: "of the allocation of the minimum income of insertion" are replaced by the words: "of the active solidarity income whose resources do not exceed the lump sum mentioned in the 2nd of Article L. 262-2 of the code of social action and families".
I. ― Decree No. 92-755 of 31 July 1992 establishing new rules on civil enforcement procedures for the application of Act No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures is thus amended:
1° In the first paragraph of section 46, after the word: "supply", the end of the article is written as follows: "a package of active solidarity income referred to in 2° of Article L. 262-2 of the Code of Social Action and of families applicable to a home made up of a single person";
2° In the sixth paragraph of Article 58 and in the eighth paragraph of Article 236, the words: "in an amount equal to the minimum income of insertion for an allocataire" are replaced by the words: "at most equal to the lump sum of the active solidarity income mentioned in 2° of Article L. 262-2 of the code of social action and of the families applicable to a home made up of a single person".
II.-Article R. 312-4 of the Monetary and Financial Code is amended as it reproduces the provisions mentioned in 1° of I.
In article R. 331-15-1 of the Consumer Code, the words: "the minimum income of insertion" are replaced by the words: "the lump sum of the active solidarity income referred to in 2° of Article L. 262-2 of the Code of Social Action and the families applicable to a single person household".
I.-In chapter III of Book I, title III of Part 5 of the Labour Code (regulatory portion), a division is inserted before section R. 5133-1, entitled "Section 1: Return to Employment Award".
II.-After article R. 5133-8, a section 2 is inserted as follows:
“Section 2
"Custom help back to work
"Art.R. 5133-9.-A fraction of the credits of the National Fund of Active Solidarity, defined annually by decree of ministers responsible for budget, social action and employment, is devoted to personalized assistance returning to employment.
"Art.R. 5133-10.-Personal return-to-employment assistance may be attributed to beneficiaries of active solidarity income under the obligation set out in Article L. 262-28 of the Social Action and Families Code.
"Its purpose is to take care of all or part of the costs associated with the taking or resumption of a professional activity, whether in the form of a job, the monitoring of a training or the creation of a company.
"Art.R. 5133-11.-The expenses referred to in section R. 5133-10 justifying the payment of assistance include those arising from the return to employment, in terms of transportation, clothing, housing, reception of young children, obtaining a diploma, licence, certification or authorization that involves a professional activity.
"Art.R. 5133-12.-The personalized return to employment assistance is paid:
« 1° Either to the recipient, to cover all or part of expenses exposed by himself;
« 2° Either to a provider in direct payment of an expense.
"The amount of assistance is allocated on the basis of evidence, in terms of the terms and within the limits of a ceiling set by the convention referred to in Article L. 262-32 of the Code of Social Action and Families.
"Art.R. 5133-13.-A convention between the President of the Board of Management of the National Fund of Active Solidarity and Pôle emploi determines the conditions under which the personalized return-to-employment assistance intervenes to abound the aids and measures attributed by this agency to the beneficiaries of active solidarity income, in case of resumption of professional activity.
"Art.R. 5133-14. -The amount of credits allocated by department for personal return to employment assistance is determined by the President of the Management Board of the National Fund of Active Solidarity according to the forecast number of beneficiaries of active solidarity income under the provisions of Article L. 262-28 of the Code of Social Action and Families. This amount is notified to the Prefect before March 31 of each year.
"Art.R. 5133-15.-On the basis of the guidance agreement provided for in Article L. 262-32 of the Code of Social Action and Families, the Prefect shall determine the distribution of credits between the organizations within which referents may be designated under Article L. 262-27 of the Code of Social Action and Families. This distribution takes into account, among other things, the number of recipients followed by the organization, the purpose of the aids paid and the return to the actual employment of beneficiaries. The convention determines the payment and monitoring of expenditures. The Prefect notifies the amounts attributed to each organization.
"The credits thus distributed are paid by the National Fund of Active Solidarity on the basis of the decree of the Prefect.
"Art.R. 5133-16.-Before the end of each fiscal year, the Prefect conducts the estimate of the credits for the return-to-employment personalized assistance service. It may carry out a modified distribution of these credits among organizations, based on the needs identified.
"Art.R. 5133-17.-In the absence of an orientation agreement provided for in Article L. 262-32 of the Code of Social Action and Families, the Prefect distributes the credits that are notified to him under Article R. 5133-14 of this Code among the agencies responsible for the active solidarity income service.
"The personalized return-to-employment assistance is then served by the organizations to the beneficiaries of the active solidarity income under the provisions of Article L. 262-28 of the Code of Social Action and Families and who began or resumed a professional activity during the year.
“The provisions of articles L. 262-45 to L. 262-53 of the same code shall apply. »
Chapter IV of title I of Book II of the Code of Social Action and Families (regulatory part) is thus amended:
1° It is created a section 1 entitled "Departmental Commission for the reception of young children", which includes articles D. 214-1 to D. 214-6, and a section 2 entitled "Safety of access to facilities for young children in social or professional integration", which includes articles D. 214-7 and D. 214-8;
2° Article D. 214-7 of the Code of Social Action and Families is thus amended:
(a) In the first paragraph, the words: "The number of children mentioned in the first paragraph of Article L. 214-7" are replaced by the words: "The number of places guaranteed under Article L. 214-7";
(b) In the second paragraph, the words "a child" are replaced by the words "a place";
(c) In the third paragraph, the words: "stop being beneficiaries of one of the allowances mentioned in the article" are replaced by the words: "fine their path of social or professional integration";
(d) In the sixth paragraph, the reference: "L. 129-1" is replaced by the reference: "L. 7231-1";
(e) The last paragraph is deleted;
3° It is inserted after article D. 214-7 an article D. 214-7-1 as follows:
"Art.D. 214-7-1.-People who are beneficiaries of the obligation referred to in Article L. 214-7 are those whose resources as defined in Article L. 262-3 are less than the lump-sum amount referred to in Article L. 262-2, or Article L. 262-9 if they meet the conditions referred to in this Article.
"The reception of children whose parents cease to meet the conditions mentioned in the first paragraph because of a resumption of employment or access to paid vocational training is continued. These children continue to be accounted for in secured places under the first paragraph of Article D. 214-7. » ;
4° In article D. 214-8, the words: "beneficiaries of allocations" are replaced by the words "persons".
Non-profit associations or organizations that are granted the approval of the President of the General Council in accordance with theArticle L. 262-14 of the Code of Social Action and Families in its writing before the coming into force of Act No. 2008-1249 of 1 December 2008 generalizing the active solidarity income and reforming the integration policies are deemed to benefit from the delegation of the administrative instruction of the requests for active solidarity income until the expiry of the said approval.
However, this delegation may be withdrawn by the President of the General Council in the event of serious breaches of the association or agency to its obligations.
The association or organization may waive the benefit of the provision referred to in the first paragraph by registered mail to the President of the General Council, with a three-month notice.
No later than three months before the expiry of the accreditation referred to in the first paragraph, the association or agency concerned shall notify the President of the General Council of its intention and, where applicable, shall transmit an application for a delegation of the instruction of the active solidarity income.
When the expiry of the approval occurs within a period of less than three months after the publication of this Order, the validity of the approval is extended by three months.
Unless otherwise decided by their board of directors, the communal and intercommunal social action centres shall receive and instruct all requests for active solidarity income which are sent to them for a period of eighteen months from the coming into force of Act No. 2008-1249 of 1 December 2008 generalizing the active solidarity income and reforming the integration policies. Prior to the end of this period, they deliberated to inform the President of the General Council whether they decide to exercise the jurisdiction provided for in the Commission.Article L. 262-15 of the Code of Social Action and Families.
The home that one of the members benefits from the lump-sum premium mentioned in May 2009Article L. 262-11 of the Code of Social Action and Families or to theArticle L. 524-5 of the Social Security Code, in their writing prior to the coming into force of Act No. 2008-1249 of 1 December 2008 generalizing the active solidarity income and reforming the policies of insertion, continues to benefit if it is more favourable than the right to active solidarity income. Its right to the minimum intake income or the insulated parent allowance continues to be calculated according to the applicable provisions prior to the coming into force of this Act, until the lump-sum premium payments cease. As of the month in which these payments are interrupted, the home benefits from active solidarity income in accordance with the terms set out in section 31 of this Act.
Otherwise, the home benefits from active solidarity income as of 1 June 2009 in accordance with the terms set out in Article 31 IV.
In the case referred to in the first paragraph, where a member of the home increases or resumes a professional activity or paid training after 1 June 2009, the home shall receive active solidarity income in accordance with the terms set out in the IV of Article 31. The right to the lump-sum premium is maintained until its conditions are met.
I. - The lump-sum premiums referred to in Article L. 262-11 of the Code of Social Action and Families and to theArticle L. 524-5 of the Social Security Code in their writing prior to the coming into force of Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies, the return to employment premium mentioned in theArticle L. 5133-1 of the Labour Code in its earlier drafting of the Act and the lump-sum premium referred to in theArticle L. 5425-3 of the Labour Code and active solidarity income served as part of the experiments mentioned in theArticle 18 of Act No. 2007-1223 of 21 August 2007 in favour of labour, employment and purchasing power are not taken into account in determining the right to active solidarity income referred to in Article L. 262-1.
II. - For the purposes of Article R. 262-6 of the Code of Social Action and of Families in its drafting of this Decree, it is not taken into account the assistance to the family for the employment of a registered mother-in-law assistant and its increase and the child-care allowance at home, referred to in Articles L. 841-1 and L. 842-1 of the Social Security Codein their writing prior to the coming into force ofArticle 60 of Act No. 2003-1199 of 18 December 2003 Social Security Funding for 2004.
For the purposes of the II of section 31 of the above-mentioned Act of 1 December 2008, the agency responsible for the active solidarity income service compares, on the date of the opening of the right to active solidarity income, the rights to which the home could benefit from the titles, respectively, of the said allowance and on the other hand of the lump sums mentioned in sections L. 262-11 of the code of social action and L. 524-5 of the Social Security Codein their writing before the coming into force of the said Act. Only the highest amount is served.
When, pursuant to the first paragraph, a lump-sum premium continues to be paid after June 1, 2009, and another home member begins or resumes a professional activity, internship or training, the home may be entitled to active solidarity income. However, by exception to Article 16 I, it is taken into account for the calculation of this right of the lump sum premium received by the home.
Effective June 1, 2009, persons with a contract for the future, a contract for minimum income of activity or a contract entered into in the context of experiments designed to simplify access to the contract for the future and the contract for minimum income of activity, where they are no longer held to the obligations mentioned in the contract for the future.Article L. 262-28 of the Code of Social Action and Families, shall, until the expiry of the individual agreement attached to the said contracts, be granted the right to support provided under thearticle L. 262-29 of the same code.
Are repealed:
1° The Decree No. 2007-1433 of 5 October 2007 relating to the experimentation of active solidarity income in favour of beneficiaries of the isolated parent allowance and the minimum income of insertion;
2° The Decree No. 2007-1392 of 28 September 2007 on the list of territorial authorities authorized to participate in the experiments under section 142 of Act No. 2006-1666 of 21 December 2006 of Finance for 2007 and articles 18 to 21 of Act No. 2007-1223 of 21 August 2007 for work, employment and purchasing power;
3° Articles 1 to 10 Decree No. 2009-30 of 9 January 2009 the National Fund for Active Solidarity.
Articles 1 and 13 to 15 of this decree may be amended by decree.
I. - This Decree comes into force on 1 June 2009.
II. - It does not apply in the overseas departments and communities referred to in section 29 I of the above-mentioned Act of 1 December 2008.
III. - Until the intervention of the deliberation provided for in article R. 262-38 of the code of social action and of the families in its drafting from this decree, the rate applicable to advances is that mentioned in article R. 262-44 of the same code, in its writing before the publication of this decree.
The Minister of the Interior, Overseas and Territorial Communities, the Minister of Economy, Industry and Employment, the Minister of Labour, Social Relations, the Family, Solidarity and the City, the Minister of Agriculture and Fisheries, the Minister of Housing, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State responsible for Employment and the Order of the High Commissioner
Done in Paris, April 15, 2009.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Brice Hortefeux
Minister of Agriculture and Fisheries,
Michel Barnier
The Minister of Housing,
Christine Boutin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
job manager,
Laurent Wauquiez
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
