Key Benefits:
The public concerned: beneficiaries of family benefits, housing subsidies, allowance for disabled adults and active solidarity income.
Purpose: Expand the system for the recovery of undue benefits paid by family allowances and agricultural social mutuality funds to undue incomes of active and inverse solidarity.
Notice: cash will be able to recover indus of active solidarity income on other echo benefits paid to the debtor. In order to accelerate the recovery of the undue, the decree increases the amount of the minimum scale for the collection of the indus from 39 to 45 euros. In addition, it harmonizes the thresholds for non-recovery of indus by aligning those applicable to indus housing assistance with the thresholds for family benefits.
Entry into force: the day after publication in the Official Journal of the French Republic; the fungibility provisions apply to the undue at the date of their entry into force, however, that the measures to harmonize the non-recovery thresholds apply only to the indus after that same date.
References: the texts amended by this decree may be consulted, in their drafting, on the Legifrance website ( http://www.legifrance.gouv.fr ).
The Prime Minister,
On the report of the Minister of Solidarity and Social Cohesion and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Vu le Social Security Codeincluding books V, VII and VIII;
Considering the code of social action and families;
Considering the rural code;
Considering the code of construction and housing;
Vu la Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies, including article 29;
Vu la Act No. 2008-1330 of 17 December 2008 amended to finance social security for 2009, including article 118;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 17 December 2009;
Having regard to the advice of the Board of Directors of the National Family Allowance Fund dated 5 January 2010;
Considering the opinion of the Standards Advisory Board dated 7 January 2010;
Based on the advice of the National Habitat Council dated 11 January 2010,
Decrete:
Section D. 553-1 of the Social Security Code is amended as follows:
I. - In the first paragraph, the word "second" is replaced by the word "third".
II. - The I's changed:
1° The first paragraph is replaced by three subparagraphs:
“(a) Of all the categories of resources of the individual, his or her spouse or concubine referred to in section R. 532-3 and taken into account:
― in the reference quarter, in the case of a quarterly calculated benefit and as long as a right to such a benefit is open;
― during the reference calendar year for the period of payment in which the indu recovery is carried out, in other cases. » ;
2° The third paragraph is supplemented by the following sentence:
"For quarterly resources, the provisions of the third paragraph of Article R. 262-7, Article R. 262-13, the second paragraph of Article D. 262-16 and Articles R. 262-18, R. 262-19, R. 262-21 to R. 262-24 of the Code of Social Action and Families are also applied. » ;
3° In the fourth paragraph, after the word "divided", the words ", as the case may be, by three or".
III. - The III is thus modified:
1° In the sixth paragraph, the amount "37 euros" is replaced by the amount "45 euros";
2° In the seventh paragraph:
(a) The amount: "1 034 euros" is replaced by the amount: "1 079 euros";
(b) The following provisions are inserted after the first sentence:
"When a right to a benefit calculated on quarterly resources is opened and information relating to these resources is not in possession of the family benefit debtor, the weighted monthly income is calculated for four months based on the last known quarterly resources, and is deemed to be equal to Euro1,079. »
(c) The words: "In this case" are replaced by the words: "In these two cases".
In the first sentence of the first paragraph of Article D. 553-4 of the Social Security Code, after the words: "Social Security Code" are inserted the words: ", L. 262-46 of the Code of Social Action and Families".
In Article D. 821-7 and in the last paragraph of Article D. 831-2 of the Social Security Code, the amount "€16" is replaced by the words: "a sum equal to 0.68% of the ceiling referred to inArticle L. 241-3 of the Social Security Code, rounded to the upper euro".
In the second paragraph of Article R. 351-22 of the Construction and Housing Code, the words: "fixed by joint decree of ministers responsible for finance, construction and housing, agriculture and social security" are replaced by the words: "equal to 0.68% of the ceiling mentioned in theArticle L. 241-3 of the Social Security Code, rounded to the upper euro".
After article R. 262-94-1 of the Code of Social Action and Families, an article D. 262-94-2 is inserted as follows:
"Art. D. 262-94-2. ― provisions of articles D. 553-1, D. 553-2 and D. 553-4 of the Social Security Code are applicable to the recovery of indus of active solidarity income. »
The provisions of this Decree shall apply to undue notifications from the date of its entry into force. The provisions of articles 1, 2 and 5 are also applicable to indus in the course of recovery on that date.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesman of the Government, the Minister of Agriculture, Food, Fisheries, Rurality and Land Management, the Minister of Solidarity and Social Cohesion, and the Secretary of State to the Minister of Ecology, the decree of Sustainable Development
Done on 24 January 2011.
François Fillon
By the Prime Minister:
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Secretary of State
to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Housing Officer
Benoist Apparu
