Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Vu le code of social action and families ;
Vu le building and housing code ;
Vu le Social Security Code ;
Vu le Labour code ;
Given the rural code, including its article L. 731-4 ;
Considering the referral of the Board of Directors of the National Family Allowance Fund dated 20 July 2009;
Considering the advice of the National Habitat Council dated 21 July 2009;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated 30 July 2009,
Decrete:
In II of Article R. 351-5 of the Construction and Housing Code, the ninth and eleventh paragraphs are deleted.
The provisions of section R. 351-7 of the Construction and Housing Code are amended as follows:
I. ― The first four paragraphs of I are replaced by the following:
"I. ― A lump-sum assessment of the individual ' s and spouse ' s or concubine ' s resources is carried out when the following conditions are met:
« 1° On the one hand,
"at the opening of the law, where the total resources of the individual and his or her spouse or concubine received in the reference calendar year and valued in accordance with the provisions of section R. 351-5 is not more than 1,015 times the minimum hourly growth wage in effect as of December 31 of that year;
" – either, on the occasion of the first renewal of the law, when the resources at the opening of the law have already been the subject of a lump sum assessment;
"in the course of the reference calendar year or the beneficiary, or his spouse, or concubine, has not disposed of resources appreciated in accordance with the provisions of section R. 351-5;
« 2° On the other hand, the beneficiary, spouse or concubin receives compensation.
"These provisions are not applicable to persons who receive the active solidarity income referred to in Article L. 262-2 of the Code of Social Action and Families without the resources of the household heard within the meaning of Article L. 262-3 of the same Code exceeding the lump sum of the active solidarity income. They are also not applicable to persons who receive the allowance mentioned in theArticle L. 821-1 of the Social Security Code. »
II. ― In the last paragraph of I, the words: "of the allowance referred to in Article L. 262-3 of the Code of Social Action and Families" 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 and at the level of resources of the household within the meaning of Article L. 262-3 of the Code of Social Action and Families".
III. — The fifth paragraph of the III is replaced by the following:
"The amounts referred to in the second and third paragraphs shall be revalued as of January 1 of each year, in accordance with the annual average evolution of the General Consumer Price Index for the previous calendar year in the economic and financial report annexed to the Finance Bill. »
In Article III R. 351-7-1 and Article R. 351-10 of the Construction and Housing Code, the words: "or compensatory allowance" are deleted.
The provisions of section R. 351-13 of the Construction and Housing Code are amended as follows:
I. ― In the first paragraph, the words: "Article L. 351-3 of the Labour Code are replaced by the words: "theArticle L. 5422-1 of the Labour Code "
II. ― In the first paragraph, the words: "Article L. 351-25 of the Labour Code are replaced by the words: "theArticle L. 5122-1 of the Labour Code "
III. – In the second paragraph, the words: “Conventions concluded under the second paragraph of Article L. 961-1 of the Labour Code are replaced by the words: "Conventions concluded under theArticle L. 1233-68 of the Labour Code "
The provisions of section R. 351-14 of the Construction and Housing Code are amended as follows:
I. ― In the third paragraph, the words: "Article L. 351-8 of the Labour Code "Article L. 5422-20 of the Labour Code" and the words: "Article L. 351-3 of the same code" are replaced by the words: "Article L. 5422-3 of the same code".
II. ― In the fourth paragraph, the words: "Article L. 351-10 of the Labour Code The words are replaced by the words: "Articles L. 5423-1 to L. 5423-3 of the Labour Code" and the words: "the insertion allowance provided for in Article L. 351-9 of the Labour Code" are replaced by the words: "the temporary waiting allowance provided for in Article L. 351-9 of the Labour Code"Article L. 5423-8 of the Labour Code "
III. ― In the sixth paragraph, the words "insertion allowance" are replaced by the words "temporary waiting allowance".
IV. ∙ The last paragraph is deleted.
The provisions of section R. 351-14-1 of the Construction and Housing Code are replaced by the following provisions:
"Art.R. 351-14-1.-When the person or one of the spouses receives the active solidarity income referred to in Article L. 262-2 of the Code of Social Action and of the Families and the resources of the household heard within the meaning of Article L. 262-3 of the same Code do not exceed the flat amount referred to in 2° of Article L. 262-2 The rights are examined on this new basis from the first day of the calendar month following the one in which these conditions are met and until the last day of the calendar month in which these conditions cease to be met. »
In the first paragraph of Article R. 351-17-4 of the Construction and Housing Code, the second sentence is replaced by the following provisions: "This package is calculated by reference on the one hand to the lump sum mentioned in Article 2° L. 262-2 of the Code of Social Action and Families and on the other hand to the calculation bases mentioned in theArticle L. 551-1 of the Social Security Code, according to percentages set by joint decree of ministers responsible for housing, budget, social security and agriculture. »
The provisions of section R. 351-42 of the Construction and Housing Code are amended as follows:
I. ― The 3° of I is repealed.
II. ∙ The 4°, 5°, 6° and 7° of I, respectively, become 3°, 4°, 5° and 6°.
The provisions of section R. 351-44 of the Construction and Housing Code are amended as follows:
I. ― In the fourth preambular paragraph, the words: " Contributions to I (2°, 3°, 4° and 5°) of Article R. 351-42" are replaced by the words: " Contributions to I (2°, 3° and 4°) of Article R. 351-42".
II. ― In the eighth paragraph, the words: "Central Fund for Mutual Family Allowances" are replaced by the words: "Central Fund for Agricultural Social Mutuality".
In articles R. 351-43, R. 351-45 and R. 351-63 of the Construction and Housing Code, the words: "Central Fund for Mutual Family Allowances" are replaced by the words: "Central Fund for Agricultural Social Mutuality".
I. ― The provisions of Articles 2 and 6 apply to the calculation of benefits paid as of July 2009.
II. ― The provisions of section 7 come into force on January 1, 2012.
III. ― The allocatories of personalized housing assistance that benefit from the provisions of the last paragraph of Article R. 351-14 of the Construction and Housing Code in its drafting prior to this Order shall retain the benefit until September 30, 2009 inclusive.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Labour, Social Relations, Family, Solidarity and the City, the Minister of Budget, Public Accounts, Public Service and State Reform, the Minister of Food, Agriculture and Fisheries, the Secretary of State
Done on 30 December 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Xavier Darcos
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
Secretary of State
responsible for housing and urban planning,
Benoist Apparu
The High Commissioner
to the active solidarity against poverty,
High Commissioner for Youth,
Martin Hirsch
