Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Solidarity and Social Cohesion,
Considering the Constitution, in particular its article 38 and article 75;
Considering the code of social action and families, including chapter II of title VI of Book II;
Vu le Social Security Code ;
Considering the Labour Code applicable to Mayotte;
Vu la Law No. 2008-1249 amended from 1 December 2008 generalizing active solidarity income and reforming integration policies;
Vu la Act No. 2010-1487 of 7 December 2010 concerning the Department of Mayotte, including its article 30;
See?Order No. 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte;
See?Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte;
See?Ordinance No. 2002-411 of 27 March 2002 on health and social protection in Mayotte;
See?Order No. 2010-590 of 3 June 2010 bringing provisions relating to the civil status of local law applicable to Mayotte and the competent courts to know them;
Having regard to the advice of the Mayotte General Council dated 2 November 2011;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 8 November 2011;
Considering the opinion of the National Employment Council dated 9 November 2011;
The State Council (Social Section) heard;
The Council of Ministers heard,
Order:
Chapters II and III of Title VI of Book II of the Code of Social Action and Families are applicable to Mayotte under the conditions set out in this Order. The same is true of the provisions of the Convention for the purposes of this application Social Security Code to which these provisions refer.
I. ― The title IV of Book V of the Code of Social Action and Families (Legislative Party) is replaced by the title:
« TITRE IV
« Department of Mayotte »
II. ― In title IV of Book V of the Code of Social Action and Families (Legislative Party), it is added a chapter IX as follows:
“Chapter IX
"Revenue of active solidarity
"Art. L. 549-1.-For their application in Mayotte, the provisions of Chapter II of Title VI of Book II of this Code are amended as follows:
"I. ― Article L. 262-3:
« 1° The first paragraph is supplemented by the following provisions: "In addition, it is carried out by decree to revalorisations specific to Mayotte, with a view to reducing the difference in lump sum with the metropolis and other overseas departments. “ ;
"2° At 3°, the words "in particular those affected to the housing mentioned in the Articles L. 542-1 and L. 831-1 of the Social Security Code as well as section L. 351-1 of the Construction and Housing Code " are replaced by the words: "in particular the one assigned to the housing mentioned in thearticle 10 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte ”;
« 3° In the last paragraph, the sentence is added: "The same applies when the family allowances are not paid because of the failure to produce health and school certificates referred to in article 6 of Order No. 2002-149 of 7 February 2002. ”
"II. ― Article L. 262-4:
« 1° The words: "for at least five years" are replaced by the words: "for at least fifteen years";
« 2° After the words: " residence permitting to work" are added the words: " under the provisions of theOrder No. 2000-373 of 26 April 2000 relative to the conditions of entry and residence of foreigners in Mayotte ”;
« 3° The b of the 2° is deleted;
« 4° The second sentence of 3° and the second sentence of 4° are deleted;
"III. - Article L. 262-5:
« 1° The words: " must fulfil the conditions mentioned in theArticle L. 512-2 of the Social Security Code “are replaced by the words: “must justify one of the following conditions:
“– their birth in France;
“– their regular entry into the family reunification procedure provided for by the Part VII of Order No. 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte;
"– their status as a refugee, stateless or subsidiary protection member;
"– their status as a foreign child holding the temporary residence card bearing the mention "personal and family ties" referred to in Article 15, II of this Order;
"– their status as a foreigner holding the temporary residence card bearing the mention: "scientific" referred to in Article 15 III of this Order.
« 2° It is added a third paragraph to read:
"When a beneficiary is married under the civil status of local law, in its version before theOrder No. 2010-590 of 3 June 2010 bringing provisions relating to the civil status of local law applicable to Mayotte and the competent courts to know about it, only his first wife is taken into account under his rights. His other wives may make a personal request, if any; in this case, the resources of their husbands are taken into account for the right and calculation of the active solidarity income. Children are taken into account under their mother ' s home.
"IV. ― In article L. 262-6, the words: " Articles L. 6313-1 and L. 6314-1 of the Labour Code “are replaced by the words: “of Article L. 711-2 of the Labour Code applicable to Mayotte” and the words: “on the list referred to in Article L. 5411-1 of the same code” are replaced by the words: “with the institution mentioned in the first paragraph of Article L. 326 of the same code, in accordance with Article L. 326-2.”
"V. ― In Article L. 262-7:
« 1° In the first paragraph, the words: "the worker under the plan referred to in theArticle L. 611-1 of the Social Security Code “are replaced by the words: “the worker declaring industrial or commercial profits or non-commercial profits” and the words: “to make a turnover not exceeding a level fixed by decree” are replaced by the words: “the tax result must not exceed an amount fixed by decree”;
« 2° In the second paragraph, the words: "the worker under the scheme referred to in Article L. 722-1 of the rural code and the marine fisheries" are replaced by the words: "the worker reporting agricultural profits";
« 3° In the last paragraph, the words: "and employees employed in the industries and establishments mentioned in theArticle L. 3132-7 of the Labour Code or carrying out their activity intermittently” are replaced by the words: " exercising their activity seasonally or intermittently".
"VI. – Sections L. 262-7-1 to L. 262-9 are not applicable.
« VII. ― In article L. 262-12, the words: "or that of the family support allowance" are replaced by the words: "or a fifth of the lump sum mentioned in the 2nd of article L. 262-2 fixed for a single person home".
« VIII. Sections L. 262-14 and L. 262-15 are replaced by the following:
"The demand for active solidarity income is filed with the caisse manager of the family benefits plan in Mayotte mentioned at thearticle 19 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte or a non-profit organization approved by the President of the General Council under conditions established by decree.
"The body or body shall provide administrative instruction on behalf of the Department.
" IX. ― In article L. 262-16, the words: ", in each department, by the family allowances and, for their nationals, by the farm social mutuality funds" are replaced by the words: "in Mayotte by the family benefit plan manager referred to in the family benefits planarticle 19 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte.”
"X. ― Section L. 262-23 is not applicable.
" XI. ― In Article L. 262-28:
« 1° In the second paragraph, the words: "Article L. 5421-2 of the Labour Code “are replaced by the words: “by chapter VII of title II of Book III of the Labour Code applicable to Mayotte” and the words: “in article L. 5421-3” are replaced by the words: “in article L. 327-9 ”;
« 2° The last paragraph is deleted.
"XII. ― In Article L. 262-29:
« 1° In the second paragraph, the words: "in the sense of articles L. 5411-6 and L. 5411-7 of the Labour Code", as well as the words: "in particular a house of employment or, in default, a legal person manager of a multi-year local plan for insertion and employment, or to another body participating in the public service of the employment mentioned in the 3° and 4° of the same article or to one of the support networks “ ;
« 2° The third is deleted.
" XIII. ― In the third paragraph of Article L. 262-30, the words: "to theArticle L. 5411-1 of the Labour Code “are replaced by the words: “at Article L. 326-7 of the Labour Code applicable to Mayotte”.
" XIV. ― In Article L. 262-33:
« 1° In the first paragraph, the words: 1° and 3° of Article L. 5311-4 of the Labour Code “are replaced by the words: “ referred to in Article L. 326-1 of the Labour Code applicable to Mayotte”;
« 2° In the last paragraph, the words: 1° of Article L. 5312-3 of the Labour Code “are replaced by the words: “by the agreement referred to in Article L. 326 of the Labour Code applicable to Mayotte”.
" XV. ― In article L. 262-34, the words: "the personalized project of access to employment mentioned in article L. 5411-6-1 of the same code" are replaced by the words: "a personalized project of access to employment".
« XVI. ― At the 3rd of Article L. 262-37, the words: "to theArticle L. 5411-1 of the Labour Code “are replaced by the words: “at Article L. 326-7 of the Labour Code applicable to Mayotte”.
« XVII. ― In the second paragraph of Article L. 262-38, the words: "to theArticle L. 5411-6-1 of the Labour Code “are replaced by the words: “in article L. 262-34”.
« XVIII. ― In article L. 262-42, the words: "in application of articles L. 5412-1 and L. 5412-2 of the same code" are deleted.
" XIX. ― In Article L. 262-43:
« 1° The words: " pursuant to the procedure provided for in theArticle L. 114-15 of the Social Security Code “are replaced by the words: “as a result of a control apprehending an illegal work situation within the meaning of Article L. 313-1 of the Labour Code applicable to Mayotte”;
« 2° References: "L. 1221-10 and L. 3243-2 of Labour code “are replaced by the references: “L. 143-3 and L. 311-1 of the working code applicable to Mayotte”.
"XX. ― In the last paragraph of Article L. 262-45, the words: " Articles L. 553-2, L. 821-5-1 or L. 835-3 of the Social Security Code, L. 262-46 of the code of social action and families or L. 351-11 of the code of construction and housing” are replaced by the words: " of theOrder No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte, article L. 262-46 orarticle 40 of Ordinance No. 2002-411 of 27 March 2002 on health and social protection in Mayotte.”
" XXI. ― Article L. 262-46:
« 1° In the fourth paragraph, the words: "in respect of family benefits and the housing allowance referred to in the Articles L. 511-1 and L. 831-1 of the Social Security Code, in respect of the benefits referred to in title II of Book VIII of the same code and in respect of the personalized housing assistance referred to in Article L. 351-1 of the Construction and Housing Code ” are replaced by the words: "in respect of the family benefits referred to in Article L. 351-1 of the Construction and Housing Code"Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte, as well as the disability allowance established by the Chapter II of Title VI of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte ”;
« 2° The sixth preambular paragraph shall be replaced by the following:
" The deductions referred to in the third and fourth paragraphs shall be determined in accordance with the rules laid down in thearticle 13 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte. “ ;
« 3° The seventh preambular paragraph shall be replaced by the following:
"For the recovery of the allowance referred to in Article L. 262-2 unduly paid, the director of the caisse manager of the family benefits plan in Mayotte may, within the time limits and under the conditions prescribed by regulation, issue a constraint that, if the debtor fails to object to the competent court, shall have all the effects of a judgment and in particular confer the benefit of the judicial mortgage. ”
“ XXII. ― Article L. 262-53:
« 1° In the penultimate paragraph, the words: ", the penalty mentioned in theArticle L. 114-17 of the Social Security Code “are deleted;
« 2° In the last paragraph, the words: "and to the Central Fund of the agricultural social mutuality which inform thereof" are replaced by the words "that inform thereof".
“ XXIII. - In sections L. 262-54 and L. 262-55, the reference to the Central Fund for Agricultural Social Mutuality is deleted.
"Art. L. 549-2.-For the application in Mayotte of chapter III of Book II title VI, the fourth paragraph of Article L. 263-2 is deleted. »
I. ― The expenses resulting, for the Department of Mayotte, from the creation of jurisdiction carried out by this order are fully compensated by the State under the conditions established by the Financial Law.
This financial compensation is carried out, as a principal measure, by the allocation of taxation of any kind.
If the revenue from the taxation granted under the preceding paragraph decreases, the State shall compensate for the loss under conditions set out in the finance law in order to guarantee the department a level of resources equal to the amount of the right to compensation resulting from the application of the first paragraph of this I. These decreases in revenues and compensation measures taken under this paragraph are the subject of a report of the Advisory Panel on the valuation of expenses referred to inArticle L. 1211-4-1 of the General Code of Territorial Communities.
For the year 2012, the compensation of the allocation expenses is calculated on the basis of a provisional amount based on an estimate of the number of households likely to claim for the benefit of the lump sum mentioned in 2° of Article L. 262-2 of the Code of Social Action and Families, calculated in accordance with the terms in force on January 1, 2012 in the territory of the Department of Mayotte.
This compensation, set out in the Financial Act for 2012, is adjusted in the light of the amounts recorded for 2012 in the accounts of the Family Benefit Plan Manager referred to in thearticle 19 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the departmental community of Mayotte. This adjustment is included in the Financial Act following the establishment of these accounts.
For 2013, the compensation is adjusted in the light of the amounts recorded for 2013 in the accounts of the family benefit plan manager referred to in thearticle 19 of Order No. 2002-149 of 7 February 2002 referred to above. This adjustment is included in the Finance Act following the establishment of these accounts.
For the following years, subject to the provisions of the following IV and the evaluation conducted in the fourth year of implementation, the compensation is adjusted on a final basis in the light of the amounts recorded for 2014 in the accounts of the family benefit plan manager referred to in the accounts of the family benefit planarticle 19 of Order No. 2002-149 of 7 February 2002 referred to above. This adjustment is included in the Finance Act following the establishment of these accounts.
II. ― For the financing of the shares intended to allow the inclusion of the beneficiaries of the allowance referred to in Article L. 262-2 of the code of social action and families and of the corresponding structural expenses, the amount of the compensation referred to in Article I is increased by 6.34 per cent.
III. ― Advisory Panel on the Evaluation of ExpensesArticle L. 1211-4-1 of the General Code of Territorial Communities is consulted, after notice of the local committee referred to in section L. 1711-3 of the same code, under the conditions set out in sections L. 1614-3 and L. 1614-3-1 of the same code:
1° In 2012 to verify the accuracy of the calculations for this year's instalment compensation to the Department;
2° In 2013 and 2014, on the procedures for the assessment of expenses resulting from the establishment of jurisdiction referred to in I of this Article;
3° In 2015, the terms and conditions for the assessment of expenses resulting from the establishment of jurisdiction under I and the adequacy of compensation in the amount of expenses incurred by the Department.
IV. ― Effective January 1, 2015, each revalorization made pursuant to the provisions of the third sentence of the first paragraph of Article L. 262-3 of the Code of Social Action and of Families, in its drafting from Article L. 549-1 of the same Code applicable to Mayotte, results in an adjustment, due proportion, of the financial compensation to the Department of Mayotte referred to in I. The Advisory Panel on the Evaluation of Expenses is consulted under the conditions set out in Articles L. 1614-3 and L. 1614-3-1 of the General Code of Territorial Communities.
An evaluation of the implementation of active solidarity income in the Department of Mayotte was conducted in 2015.
This Order comes into force on 1 January 2012, subject to the pre-registration in the Financial Act for 2012 of provisions relating to the terms and conditions of compensation by the State in the Department of Mayotte of the charges resulting from the creation of competencies carried out by this text.
The Prime Minister, the Minister of the Interior, Overseas, Territorial and Immigration communities, the Minister of Solidarity and Social Cohesion and the Minister to the Minister of the Interior, Overseas, Territorial Communities and Immigration, responsible for the Overseas, are responsible, each with respect to the application of this Order, which will be published in the French Republic.
Done on 24 November 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
