Key Benefits:
The Prime Minister,
On the report of the High Commissioner for Active Solidarity against Poverty and the Minister of Housing,
Considering the code of social action and families;
Considering the code of consumption;
Considering the code of construction and housing;
Considering the monetary and financial code;
Considering the post and electronic communications code;
Considering the rural code;
Considering the social security code;
Considering the labour code;
In light of Act No. 78-17 of 6 January 1978 amended on computers, files and freedoms, including its article 27 ;
In light of Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies, including its article 29 ;
Vu le Decree No. 91-169 of 13 February 1991 amended on the use of the National Register of Identification of Physical Persons by the National Employment Agency;
Vu le Decree No. 94-648 of 22 July 1994 amended to implement Act No. 94-488 of 11 June 1994 on former repatriates members of the auxiliary and assimilated formations or victims of captivity in Algeria;
Vu le Decree No. 2005-600 of 27 May 2005 amended for the application of Act No. 2005-159 of 23 February 2005 on the Contract for Volunteering of International Solidarity;
Vu le Decree No. 2009-404 of 15 April 2009 on the income of active solidarity;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 7 May 2009;
Considering the opinion of the Standards Advisory Board dated 7 May 2009;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 13 May 2009;
Having regard to the opinion of the Superior Commission of the Public Post and Electronic Communications Service dated 13 May 2009;
Considering the opinion of the Electronic Communications and Post Regulatory Authority dated 19 May 2009;
Considering Opinion No. 2009-327 of the National Commission on Informatics and Freedoms dated 4 June 2009;
The State Council (Social Section) heard,
Decrete:
Section 6 of Chapter II of Title VI of Book II of the Code of Social Action and Families (Regulatory Party) is supplemented by the following provisions:
"Subsection 2
“Personal Data Processing” @ RSA ”
"Art.R. 262-102.-Est authorized the creation, by the National Fund for Family Allowances, of a personal data processing, known as " @ RSA", made available to the active solidarity income instructors. The purpose of this treatment is to instruct the requests and facilitate the orientation of the applicants to a suitable social and professional support.To this end, it ensures the sharing of personal data and information already held by these organizations as well as Pôle emploi.
“The treatment consists of two modules:
« 1° An instruction module, the purpose of which is the capture of data allowing the organizations mentioned in the first paragraph to carry out the instruction of requests for active solidarity income;
« 2° A guidance aid module, the purpose of which is to prepare the decision to guide beneficiaries of active solidarity income taken by the President of the General Council.
"Art.R. 262-103.-The categories of personal data relating to beneficiaries registered under the instruction module are those allowing to identify the recipient and, where applicable, other members of the home, and to verify compliance with the conditions of opening the right to active solidarity income, or, for each household member:
« 1° The surname and, where applicable, the marital name or name of use, the surnames, date and place of birth, and the family situation of the beneficiary;
« 2° The registration number on the National Register for the Identification of Physical Persons;
« 3° Nationality, in one of the following forms:
“(a) French;
“(b) A member of the European Union or a member of the European Economic Area;
"(c) Being a third State;
« 4° Address and situation with regard to housing;
« 5° Resources and entitlements;
« 6° The professional situation.
"The personal data mentioned above can be imported automatically from the automated data processing implemented by Pôle emploi and referred to as "AIDA (integrated access to Assedic data)" as well as from automated data processing implemented by the agencies responsible for the active solidarity income service for the management of family benefits.
"Art.R. 262-104.-Personal data and information relating to beneficiaries registered under the guidance aid module are those provided by the common decision assistance reference referred to in R. 262-66. These data and information fall under the following categories:
« 1° Situation prior to the demand for active solidarity income and justifying it;
« 2° Statement by the person on the existence or perception of difficulties that may hinder his or her professional integration:
“(a) Health problems;
“(b) Recognition of the quality of disabled workers;
"(c) Difficulties in reading, writing or understanding French;
"(d) Difficulties in administrative processes;
“e) Enduring;
“(f) Other types of difficulties.
"These entries, with the exception of the last, are given by "YES" or "NO";
« 3° Benefit of accompanying actions and nature of this accompaniment;
« 4° Availability difficulties related to the custody of dependent children or relatives;
« 5° Information on the housing and capacity of the home to cope with its expenses;
« 6° Information on the level of education and professional skills;
« 7° Information on the current and sought-after professional situation;
« 8° Mobility information.
"Art.R. 262-105.-The agreement referred to in Article L. 262-32 specifies the modules of the treatment instituted by this subsection that are used by the agencies responsible for the instruction and service of the benefit. It determines, among those referred to in R. 262-104, the list of questions of the module asked to the applicant, as well as the rules that a proposal for guidance is provided to the President of the General Council.
"Conventions may not provide for the collection, as part of the processing authorized by this subsection, of other data or information other than those under the categories referred to in R. 262-103 and R. 262-104.
"Art.R. 262-106.-I. ― The data processing system " @ RSA" does not keep the data beyond the time required for validation on the one hand, for transmission to the department and agencies responsible for the delivery service on the other, and for a maximum of five months.
“II. ― The service agencies retain data and information for a period of three years from the date of collection.
"III. ― However, the National Family Allowance Fund and the Central Agricultural Social Benefit Fund maintain, without limitation of time and after application of a computer coding by guaranteeing the anonymity, the data and information necessary for the establishment of the statistics they are responsible for.
"Art.R. 262-107.-Provide direct access to the personal data and information referred to in sections R. 262-103 and R. 262-104, for the requirements related to the only purposes referred to in R. 262-102 and R. 262-106, the individual agents authorized by the Director of the Territorially Competent Family Allowance Fund.
"When another training agency uses the " @ RSA" treatment, an agreement between the director of the family allowance fund and the head of that body sets out the conditions for the issuance and renewal of the authorization of the agents of the said organization, their duration and the prerogatives available to the director of the caisse to control their effective compliance on-site and on-site.
"The traces of consultations, updates and exchanges are kept for a period of one year from the completion of these operations.
"Art.R. 262-108.-The rights of access and rectification provided by articles 39 and 40 of Act No. 78-17 of 6 January 1978 related to computer science, files and freedoms:
« 1° With the agency responsible for the active solidarity income service for information collected under the instruction module;
« 2° About the department for information collected under the guidance aid module.
"Art.R. 262-109.-The right of opposition provided for in first paragraph of Article 38 of Law No. 78-17 of 6 January 1978 relating to computing, files and freedoms does not apply to the treatment authorized in this subsection.
"Subsection 3
"Use of the registration number to the national directory
identification of natural persons
"Art.R. 262-110.-Personal data processing for the instruction, service and control of the active solidarity income, implemented by the agencies responsible for the service of this benefit, by the departments, by Pôle emploi or by the organizations that pay or assist in the employment or training, in order to meet the only purposes mentioned in the fifth paragraph of the national identification number, may use the physical register
"Subsection 4
“Transmission to the President of the General Council of Registration, Terminations
on the list of job seekers
"Art.R. 262-111.-Est authorized the creation by Pôle emploi of a personal data processing, called " Lists transmitted to the Presidents of the General Councils ”, with the purpose of allowing the President of the General Council:
« 1° To follow, in accordance with the provisions of Article L. 262-42, registrations, terminations of registration and cancellations, on the list of job seekers, beneficiaries of active solidarity income;
« 2° To monitor compliance by beneficiaries of active solidarity income with the obligations referred to in Article L. 262-28;
« 3° Where applicable, to implement the penalties provided for in Article L. 262-37.
"Art.R. 262-112.-The categories of personal data and information relating to the beneficiary and, where appropriate, to his spouse, concubine or partner bound by a civil solidarity pact registered in the treatment are:
« 1° The family name and, where applicable, the marital name or the name of use, first names, date and place of birth, and, for the beneficiary, the family situation;
« 2° The registration number on the National Register for the Identification of Physical Persons;
« 3° The identifier assigned by Pôle emploi;
« 4° The transaction on the job seekers list:
“(a) Registration;
“(b) Cessation of registration under the conditions mentioned in 1° of article R. 5411-17 of the Labour Code ;
“(c) Radiation;
« 5° In case of termination of registration or delisting, the reason;
« 6° The duration of the radiation.
"The data mentioned in this article are automatically extracted from the processing of personal data implemented by Pôle emploi and called "GIDE".
"Art.R. 262-113.-The personal data and information recorded in the treatment referred to in R. 262-111 are retained by Pôle emploi for a period of two months following their transmission to the President of the General Council.
"Art.R. 262-114.- shall be consigned to all or part of the personal data and information referred to in Article R. 262-112, for the purposes only referred to in Article R. 262-111, the agents of the department individually authorized by the President of the General Council.
"When a department uses the treatment established by this subsection, an agreement between the Director of Employment and the President of the General Council sets out the conditions for the issuance, duration and renewal of the authorization of these officers.
"The traces of consultations, updates and exchanges are kept for a period of one year from the completion of these operations.
"Art.R. 262-115.-The rights of access and rectification provided by articles 39 and 40 of Act No. 78-17 of 6 January 1978 relating to information, files and freedoms are exercised with the employment agency of which the individual reports.
"Art.R. 262-116.-The right of opposition provided for in first paragraph of Article 38 of Law No. 78-17 of 6 January 1978 relating to computing, files and freedoms does not apply to the treatment provided for in this subsection.
"Subsection 5
« National sample of social minima allocataries
"Art.R. 262-117.-Est authorized the creation, by the Ministry of Social Action, of a personal data processing for statistical purposes, known as the "interregime national sample of social minima alloys (ENIAMS)" allowing to monitor the annual evolution of the situation and the trajectories of a sample of people receiving social minima, especially in relation to their employment situation.
"Art.R. 262-118.-The interregistered national sample of social minima allacataries is made up of persons who meet the following conditions:
« 1° To be registered in the national identification directory of natural persons;
« 2° Being born between the 1st and the 14th of October;
« 3° Being over sixteen years old and under sixty-five years old;
« 4° Being or having been a beneficiary, on a personal or family basis, of one of the following benefits: minimum income of insertion, lump sum, adult disability allowance, specific solidarity allowance, single parent allowance, active solidarity income.
"Art.R. 262-119.-To form the interregistered national sample of social minima alloys, the National Institute of Statistics and Economic Studies is authorized to extract from the national directory of identification of natural persons the following personal data:
« 1° The registration number for this directory of persons meeting the criteria referred to in R. 262-118;
« 2° Their family name;
« 3° Their names;
« 4° Their sex;
« 5° The date and place of their birth.
"The National Institute of Statistics and Economic Studies assigns to each of these individuals a personal number specific to the interregistered national sample of social minima alloys.
"Art.R. 262-120.-The personal data referred to in Article R. 262-119 are transmitted, at least once a year, to the National Fund for Family Allowances, to the Central Fund for Agricultural Social Mutuality, to the National Institute of Statistics and Economic Studies, to the managerial institution of the unemployment insurance scheme and to the Pôle emploi. These organizations complete the data that is transmitted to them by the data they hold, relating to the personal, family, socio-economic, professional and geographic situation of the beneficiaries of one of the benefits referred to in R. 262-118.
"For this purpose, the organizations mentioned in the first paragraph are allowed to use the registration number on the national identification directory of natural persons.
"An order made by the Minister for Social Action and the Minister under the National Institute for Statistics and Economic Studies sets out the list of data referred to in the first paragraph relevant to the study referred to in R. 262-117.
"Art.R. 262-121.-The aggregated data and information referred to in section R. 262-120 are transmitted by the organizations mentioned in the same section, at least once a year, to the statistical services of the Minister responsible for social action with a view to forming the interregistered national sample of social minima alloys, with the exception of the registration number on the national directory for the identification of natural persons, of names
"The National Institute of Statistics and Economic Studies shall provide the statistical services of the Minister for Social Action with information on the death of persons for whom data were transmitted under section R. 262-120 to the organizations referred to in the same section. To this end, it shall transmit to it at least once a year a file containing the personal number specific to the national sample interregimes of minima alloys. »
In the first paragraph of Article R. 20-34 of the Post and Electronic Communications Code, the words "fixed to III" are replaced by the words "fixed to II".
The working code is thus modified:
1° At 1° and 3° of R. 3252-3, the words: "the minimum income of insertion" are replaced by the words: "the lump sum of the active solidarity income mentioned in 2° of Article L. 262-2 of the code of social action and families, fixed for a single person home";
2° In article R. 3252-5, the words: "monthly minimum income of insertion for an allocataire alone" are replaced by the words: "a package referred to in 2° of article L. 262-2 of the code of social action and families fixed for a home made up of a single person".
The rural code is modified as follows:
1° In Article D. 718-7, the words: "minimum of insertion" are replaced by the words: "active solidarity whose resources are less than the lump sum mentioned in Article L. 262-2 of the Code of Social Action and Families";
2° ♪ articles D. 731-98 and D. 731-100are repealed.
Section R. 442-13 of the Construction and Housing Code is amended as follows:
1° In the fourth paragraph, the words: "minimum income of insertion" and the words: "additional income of the National Solidarity Fund" are replaced respectively by the words: "active solidarity income" and the words: "solidarity to the elderly", and the words: ", the allowance of an isolated parent" are deleted;
2° In the fifth paragraph, the words: "The National Employment Agency" are replaced by the words: "Pôle emploi".
At 6° of Article R. 334-1 and 6° of Article R. 334-2 of the Consumer Code, the words: "the minimum income of insertion" are replaced by the words: "the package referred to in 2° of Article L. 262-2 of the Code of Social Action and the families fixed for a home made up of a single person".
TheArticle R. 564-1 of the Monetary and Financial Codeis repealed.
I. ― Article D. 612-5 of the Social Security Code is supplemented by two paragraphs as follows:
"The minimum contribution provided for in the first paragraph is not applicable to persons who benefit from the share of active solidarity income corresponding to the difference between the lump-sum amount referred to in 2° of Article L. 262-2 of the Code of Social Action and families applicable to the home and the resources of the home.
"The agency responsible for the active solidarity income service shall forthwith communicate to the core fund referred to in Article L. 611-8 or to the body referred to in Article L. 611-20 the information relating to the opening of law and the end of the right to that active solidarity income share. »
II. ― Decree No. 89-371 of 8 June 1989relating to the social protection of beneficiaries of the minimum income of insertion is repealed.
In Article 13 of the above-mentioned Decree of 27 May 2005, the words: "minimum income of insertion" are replaced by the words: "income of active solidarity".
In Article 10 of the above-mentioned Decree of 22 July 1994, the words: "the minimum income of insertion" are replaced by the words: "the income of active solidarity".
I. ― In the second paragraph of article R. 262-1 of the Code of Social Action and Families, in its drafting from the above-mentioned decree of April 15, 2009, the rate: "28, 4%" and the rate: "42, 8%" are replaced by the rate: "28, 412 %" and the rate: "42, 804 %".
II. ― The first sentence of the 3rd sentence of Article D. 262-61 of the Code of Social Action and Families, in its drafting from the above-mentioned decree of April 15, 2009 is replaced by the following provisions: "An action plan intended to prevent indus, to improve the information of the department on indus and, where applicable, on changes in domicile or residence of debtors of induses, as well as to facilitate recovery »
III. ― The 1st, 2nd and 3rd of Article R. 861-7 of the Social Security Code, in its drafting from the decree of April 15, 2009 referred to above, are replaced by the following provisions:
"1° 12% of the lump-sum amount provided for in 2° of Article L. 262-2 of the Code of Social Action and of Families Applicable to a single household, when the home is composed of a person;
"2° 16% of the lump sum provided for in 2° of Article L. 262-2 of the Code of Social Action and the families applicable to a home made up of two persons, when the home is composed of two persons;
"3° 16, 5% of the lump sum provided for in 2° of Article L. 262-2 of the code of social action and of families applicable to a home made up of three persons, when the home is composed of at least three persons. »
I. ― Individuals who, as a minimum income allocation for insertion, benefit in May 2009 from the rate reduction provided by theArticle R. 20-34 of the Post and Electronic Communications Code retain the benefit until June 30, 2010.
II. ― Persons entitled to the share of active solidarity income corresponding to the difference between the lump sum mentioned in 2° of theArticle L. 262-2 of the Code of Social Action and Families applicable to the home and the resources of the home are granted until 30 June 2010 the tariff reduction provided for in section R. 20-34 of the Post and Electronic Communications Code.
The provisions of articles 9 and 10 may be amended by decree.
This Order is not applicable in overseas departments and communities referred to in I of Article 29 of the Act of 1 December 2008 referred to above.
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 Housing and the High Commissioner for Active Solidarity against Poverty are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Gazette of the French Republic.
Done in Paris, June 18, 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
The Minister of Housing,
Christine Boutin
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
