Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Social Relations, the Family, Solidarity and the City and the High Commissioner for Active Solidarity against Poverty,
Considering the code of social action and families;
Considering the social security code;
Considering the labour code;
Considering the rural code;
In light of Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies, including its article 29 ;
Considering the referral for advice from the Regional Council of Guadeloupe dated 16 April 2009;
Considering the opinion of the General Council of Guadeloupe of 23 April 2009;
Considering the referral for advice from the Guyana Regional Council of 8 April 2009;
Considering the referral for the advice of the General Council of Guyana dated 8 April 2009;
Considering the referral for advice from the Martinique Regional Council of 8 April 2009;
Considering the referral for the advice of the Martinique General Council dated 9 April 2009;
Considering the opinion of the Regional Council of the Meeting of 21 April 2009;
Considering the opinion of the General Council of the Meeting of 22 April 2009;
Considering the referral for advice from the territorial council of Saint-Barthélemy dated 8 April 2009;
Considering the referral for advice from the Saint-Martin Territorial Council dated 8 April 2009;
Considering the referral for advice from the territorial council of Saint-Pierre-et-Miquelon dated 14 April 2009,
Decrete:
It is established a temporary additional income of activity in the departments of Guadeloupe, Guyana, Martinique and Réunion, as well as in the overseas communities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon.
Persons of French nationality, or nationals of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation, or holders of a residence permitting to work, shall be eligible for the temporary additional income of activity.
The recipient must meet the following conditions:
1° Exercise its professional activity in the territory of one of the overseas departments or communities mentioned in Article 1;
2° Be a holder of an indeterminate employment contract, a fixed-term employment contract, a mission contract with a temporary work undertaking or a non-public law officer for a period of one month or more;
3° Benefit for all of its employee activities of a monthly remuneration of less than or equal to 151.67 times the hourly rate of the minimum growth wage increased by 40%.
Civil civil servants of the public service of the State, the territorial public service and the hospital public service, career soldiers and magistrates are not eligible for the temporary additional income of activity for the employee activities they carry out, if any, in accordance with the regulations applicable to the cumulative employment or activity.
The amount of temporary additional activity income is equal to €100 per month.
In the event of a combination of employee activities, the amount of the sums calculated for all of these activities may not exceed €100 for one person.
For persons whose working hours are less than the weekly legal period, this amount is reduced to due proportion. The duration of the work then taken into account corresponds to the duration of the part-time work contract or, if not, to the conventional duration applicable to the enterprise.
For persons who are not employed throughout the month, the amount of the premium is reduced to due proportion.
For the purposes of the provisions of the 3rd of Article 2, the remuneration is defined in the meaning of provisions of Article L. 242-1 of the Social Security Code and ofArticle L. 741-10 of the Rural Code, excluding overtime and additional hours and exceptional bonuses paid under a statutory provision establishing them as part of an inter-professional regional agreement.
The right to temporary additional income of activity is valued for each month, under the terms and conditions of attribution set out in this decree and taken into account by means of declarations covering a period of three consecutive months.
Temporary additional activity income is subject to quarterly payments. To give rise to the temporary additional income of activity, requests must be forwarded to the managerial body no later than the last day of the third month following the end of the period to which they relate.
The amount below which the temporary additional activity income is not paid is set at 18 € per quarter.
Temporary additional activity income is financed by the State. It is attributed and served on its behalf by bodies designated by decree of ministers responsible for social affairs, overseas and budget. The order sets out the payment deadlines for the benefit and determines the declarative modalities necessary for the liquidation of the right.
The action taken by the bodies referred to in Article 7 for the recovery of unduly paid amounts is prescribed by two years. These organizations may collect unduly deducted amounts on the following dates.
The receivable may be remitted or reduced by the agencies responsible for payment in the event of a precarious situation of the debtor. These provisions are not applicable in cases of fraud or misrepresentation.
Temporary additional activity income is no longer paid from the application in the departments and communities referred to in Article 1 of the active solidarity income referred to inArticle L. 262-1 of the Code of Social Action and Families in its drafting from the above-mentioned Act of 1 December 2008.
It is not taken into account the temporary additional activity income for determining the right to the following benefits:
1° The minimum insertion income mentioned in theArticle L. 262-1 of the Code of Social Action and Families in its drafting prior to the entry into force of Act No. 2008-1249 referred to above;
2° The isolated parent allowance mentioned in theArticle L. 524-1 of the Social Security Code in its drafting prior to the entry into force of Act No. 2008-1249 referred to above;
3° Disability and old-age benefits under resource conditions;
4° Complementary health protection and assistance in the payment of supplementary health insurance, respectively referred to in articles L. 861-1 and L. 863-1 of the Social Security Code.
The provisions of this Order are applicable for periods of employment effective March 1, 2009.
The Minister of the Interior, the Overseas and the Territorial Communities, the Minister of Labour, Social Relations, the Family, Solidarity and the City, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State responsible for the Overseas and the High Commissioner for Active Solidarity against Poverty are responsible, each with regard to it, for the execution of this official decree.
Done in Paris, May 27, 2009.
François Fillon
By the Prime Minister:
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Brice Hortefeux
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
loaded with the overseas,
Yves Jégo
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
