Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Social Affairs and Health,
Having regard to the Constitution, including articles 38 and 73;
Considering the code of social action and families;
Vu le general code of territorial authorities ;
Vu le Public Health Code ;
Vu le Social Security Code ;
Considering the Labour Code applicable to Mayotte;
Vu la Act No. 90-449 of 31 May 1990 the implementation of the right to housing, including article 6-1;
Vu la Act No. 2005-706 of 27 June 2005 relating to maternal assistants and family assistants, including article 37;
Vu la Act No. 2007-308 of 5 March 2007 reforming the legal protection of majors, including article 44;
Vu la Act No. 2007-293 of 5 March 2007 reforming the protection of children, including article 27;
Vu la Act No. 2010-1487 of 7 December 2010 concerning the Department of Mayotte, including its article 30;
See?Order No. 96-1122 of 20 December 1996 amended to improve public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund;
See?Order No. 2000-373 of 26 April 2000 amended relative to the conditions of entry and residence of foreigners in Mayotte;
See?Order No. 2002-149 of 7 February 2002 amended on 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 amended on health and social protection in Mayotte;
See?Order No. 2006-1588 of 13 December 2006 relating to the prevention, repair and pricing of occupational accidents and diseases in Mayotte;
See?Order No. 2012-576 of 26 April 2012 extending and adapting to Mayotte the building and housing code and various housing laws;
Having regard to the advice of Mayotte's General Council of 26 March 2012;
Having regard to the advice of the Board of Directors of the National Family Allowance Fund dated 3 April 2012;
Having regard to the advice of the Local Finance Committee (A Consultative Commission for the Assessment of Standards) dated 12 April 2012;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 25 April 2012;
Considering the opinion of the National Committee of Retirees and Older Persons of 10 May 2012;
Considering the referral of the National Council for Vocational Training throughout the life of 10 May 2012;
The State Council (Social Section) heard;
The Council of Ministers heard,
Order:
The title of title II of Book V of the Code of Social Action and Families becomes " Guadeloupe, Guyane, Martinique and La Réunion".
The Code of Social Action and Families is 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.
The preliminary chapter and chapters I to VIII of Title IV of Book V of the Code of Social Action and Families are replaced by the following provisions:
« TITRE IV
"MAYOTTE DEPARTMENT
“Preliminary Chapter
"Art. L. 540-1.-For application to Mayotte, the provisions of Books I to IV of this Code are amended in accordance with the provisions of this title.
“Chapter I
« Adaptations of Book I
“Section 1
“General provisions
"Art. L. 541-1.-For the application of title I of Book I:
"I. ― Article L. 111-2 is amended as follows:
"1° At 2°, the words "or in a reception centre for asylum seekers" are deleted;
« 2° The 3rd is thus written:
« 3° Access to care, under the conditions provided for in Article L. 542-5 ”;
« 3° At the 4th, the words: "Des allocations" and " in Metropolitan France" are replaced respectively by the words: " Des aides" and " in Mayotte".
"II. ― In article L. 111-3, the word "metropolitan" is replaced by the words "Mayotte"".
"III. ― In article L. 111-3-1, the words: "and reception centres for asylum seekers" are deleted.
"IV. ― Article L. 112-2 is thus written:
"Art. L. 112-2. ― In order to help families raise their children, they include family benefits referred to inarticle 2 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 and assistance in kind and in kind defined for Mayotte, in particular, by this Code, by the National Education Code or by special provisions. ”
"V. ― For the application of the first paragraph of Article L. 114-1-1, before the words: "The person" are inserted the words: "In the conditions set out in chapter II, section 4, title IV, of Book V".
"VI. ― In sections L. 114-3 and L. 114-3-1, the words "applicable to Mayotte" are inserted after the words "labour code".
« VII. ― In Article L. 115-2, the words: "the institution mentioned in theArticle L. 5312-1 of the Labour Code, the houses of employment or, if not, the legal persons responsible for the multi-year local plans for insertion and employment, the public establishments, “are replaced by the words: “the institution referred to in Article L. 326-6 of the Labour Code applicable to Mayotte and other local public or private bodies involved in the insertion and struggle against unemployment”.
« VIII. ― In the first paragraph of Article L. 115-3, the words "of its heritage" are deleted.
" IX. ― In Article L. 117-1, the words: "in Article L. 311-9 of the Code of Entry and Residence of Aliens and the Right of Asylum" are replaced by the words: "at theArticle 6-3 of Order No. 2000-373 of 26 April 2000 relative aux conditions d’entrée et de séjour des étrangers à Mayotte ”.
“Section 2
“Competences
"Art. L. 541-2.-For the purposes of title II of Book I:
"I. ― Article L. 121-7:
« 1° 2° is thus written:
« 2° The costs of care arising from the implementation of Article L. 542-5 ”;
« 2° 4° and 5° are not applicable;
« 3° At 10°, the words: "in reception centres for asylum seekers mentioned in Article L. 348-1" are deleted.
“II. Section 4 of Chapter I of Title II is read as follows:
« Section 4
"Social Security Organization
"Art. L. 121-11. ― The rules relating to the social action of the social security system are defined by the special provisions in force for social security in Mayotte, in particular by thearticle 22 of Order No. 96-1122 of 20 December 1996 relating to the improvement of public health, health insurance, maternity, disability and death, social security financing in Mayotte, and the Mayotte Social Security Fund and the Mayotte Social Security Fund Chapter III 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. ”
"III. ― Section 121-13 is not applicable.
"IV. ― Article L. 121-15 is supplemented by a paragraph as follows:
" The agency's local delegate is the state representative in Mayotte. ”
"V. ― Section L. 123-7 is not applicable.
"VI. ― In the fourth paragraph of Article L. 123-8, after the words "communities" are added the words "to Mayotte".
“Section 3
“Procedures
"Art. L. 541-3.-For the purposes of title III of Book I:
"I. ― In article L. 131-1, the words "subject to article L. 252-1" are deleted.
“II. ― In the last paragraph of Article L. 132-1, the words: "with the medical assistance of the State, which is governed by Chapter I of Title V of Book II" are replaced by the words: "at the care, which is governed by Article L. 542-5".
"III. ― In article L. 132-4, the words "social housing allowance" are replaced by the words: " housing aids in force in Mayotte".
"IV. ― In Article L. 132-9, the words: "in the conditions provided for inArticle 2428 of the Civil Code “are replaced by the words: “in the conditions for Mayotte at Civil code, notably in his book V ”.
"V. ― In article L. 133-3, the words: "organizations of social security and agricultural social mutuality" are replaced by the words: "social security organizations in Mayotte".
“Section 4
“Institutions
"Art. L. 541-4.-For the purposes of title IV of Book I:
"I. ― In Article L. 146-2, the words: "from the date of entry into force of the Act No. 2002-73 of 17 January 2002 “are replaced by the words: “from the date of entry into force of theOrder No. 2012-785 of 31 May 2012 extending and adapting the code of social action and families to the Department of Mayotte.”
"II. ― In Article L. 146-3:
« 1° The words: "L. 241-3, L. 241-3-1 and L. 245-1 to L. 245-11" are replaced by the words: "L. 241-3 and L. 241-3-1";
« 2° The words: "L. 412-8-3, L. 432-9, L. 541-1, L. 821-1 and L. 821-2 of Social Security Code “are replaced by the words: “ 31 of Order No. 2006-1588 of 13 December 2006 on the prevention, repair and pricing regime for occupational accidents and diseases in Mayotte, 10-1 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 and 35 of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte”.
"III. ― In the second paragraph of Article L. 146-4 is amended as follows:
« 1° In the second paragraph, the words: "and the local health insurance and family allowances of the general social security system defined in the Articles L. 211-1 and L. 212-1 of the Social Security Code “are replaced by the words: “and social security organizations in Mayotte”;
« 2° In the b of 3°, the words: "local health insurance and family allowances of the general plan, defined in the Articles L. 211-1 and L. 212-1 of the Social Security Code “are replaced by the words: “social security organizations in Mayotte”;.
"IV. ― Section L. 146-5 is amended as follows:
« 1° In the first paragraph, the words: ", after deduction of the compensation benefit referred to in Article L. 245-1" are deleted;
« 2° The second paragraph is deleted;
« 3° In the last paragraph, the words: "health insurance organizations, family allowance funds," are replaced by the words: "social security organizations," and the words: "the association referred to in article L. 323-8-3 of the Labour Code, the fund provided for in article L. 323-8-6-1 of the same code" are replaced by the words: "the association referred to in article 328-45.
"V. ― Articles L. 148-1 and L. 148-2 are not applicable to Mayotte.
"VI. ― Section L. 14-10-4 is not applicable.
« VII. – Section II L. 14-10-5 and section L. 14-10-6 are not applicable.
« VIII. ― Except for the b of the III of Article L. 14-10-5 and the eighth paragraph of Article L. 14-10-7 as they relate to the financing of the common service referred to in Article L. 541-1 in its writing before this order, the provisions of Article L. 14-10-5 and Article L. 14-10-7 shall not apply.
“Chapter II
« Adaptations of Book II
“Section 1
“Family
"Art. L. 542-1.-For the purposes of title I of Book II:
"I. ― Section L. 211-13 is not applicable.
"II. ― In Article L. 214-5, the words: "Family Allowance Funds" are replaced by the words: "the organization manager of the family benefits plan in Mayotte 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.”
"III. ― In article L. 214-6, the words: " referred to in title I of Book III of the Labour Code" are replaced by the words: " referred to in chapter VI of title II of Book III of the Labour Code applicable to Mayotte".
“Section 2
« Childhood
"Art. L. 542-2.-For the purposes of title II of Book II:
"I. ― Section L. 221-1 is supplemented by the following provisions:
"In addition to his duties under Article L. 221-1, the Child Welfare Service may undertake or support family education activities, particularly in public and private schools. ”
“II. – The second and fifth paragraphs of Article L. 222-6 are not applicable.
"III. Sections L. 225-8 to L. 225-20 are not applicable.
"IV. ― In article L. 226-1, the reference: "L. 2112-1" is replaced by the reference: "L. 2411-4".
"V. ― Sections L. 523-1 and L. 523-2 apply to the Department of Mayotte.
“Section 3
« Older persons
"Art. L. 542-3.-For the purposes of title III of Book II:
"I. ― Article L. 231-1 is amended as follows:
« 1° In the second paragraph, the words: "simple allocation and" are deleted;
« 2° In the fourth paragraph, the words: "the rate of single allowance" are deleted.
“II. – The provisions of Chapter II are not applicable.
“Section 4
"People with disabilities
"Art. L. 542-4.-For the purposes of title IV of Book II:
"I. ― In the first paragraph of Article L. 241-1, the words: first paragraph of Article L. 821-1 of the Social Security Code “are replaced by the words: “as provided by thearticle 35 of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte”.
"II. ― Section L. 241-2 is not applicable.
"III. ― In Article L. 241-3, the words: ", or which has been classified as the third category of the social security disability pension" are deleted.
"IV. ― In Article L. 241-3-2, the words: " and Social Security Code ” are replaced by the words: “, fromOrder No. 96-1122 of 20 December 1996 relating to the improvement of public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund,Ordinance No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte orOrder No. 2006-1588 of 13 December 2006 relative to the regime for the prevention, repair and pricing of occupational accidents and diseases in Mayotte.”
"V. ― Article L. 241-6 is amended as follows:
« 1° At 3°:
"– the words: "of the allocation and, possibly, of its supplement mentioned to theArticle L. 541-1 of the Social Security Code, of the increase referred to in Article L. 541-4 of the same code, “are replaced by the words: “of the education allowance of the disabled child provided by theArticle 10-1 of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte ”;
" ― the words: "the allowance provided for Articles L. 821-1 and L. 821-2 of the Social Security Code and the additional resources provided for in Article L. 821-1-1 of the same code are replaced by the words: "the allowance for disabled adult provided for by thearticle 35 of Order No. 2002-411 of 27 March 2002 modified on health and social protection in Mayotte ”;
« 2° b and c are deleted;
« 3° In the 4th the words: "Article L. 323-10 of the Labour Code ; ” are replaced by the words: “Articles L. 328-22 and L. 328-23 of the Labour Code applicable to Mayotte”.
"VI. ― In article L. 241-8, the words: " and their supplements provided to Articles L. 541-1 and L. 821-1 to L. 821-2 of the Social Security Code “are replaced by the words: “planned by theArticle 10-1 of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte and thearticle 35 of Order No. 2002-411 of 27 March 2002 modified on health and social protection in Mayotte.”
« VII. ― In the first paragraph of Article L. 241-9, the words: "the jurisdiction of the technical litigation of social security" are replaced by the words: "the court of great instance".
« VIII. ― In article L. 242-12, the words: "the educational institutions mentioned inArticle L. 321-1 of the Social Security Code “are replaced by the words: “the educational institutions and services mentioned in 2° and 12° of I of Article L. 312-1”.
" IX. ― Article L. 242-14 is as follows:
"Art. L. 242-14. ― The rules for the education allowance of the disabled child are set by theArticle 10-1 of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte. ”
"X. ― In article L. 243-4, the words "as applicable to Mayotte" are inserted after the words "minimum salary of growth".
" XI. ― Article L. 243-5:
« 1° After the words: "in the sense of the code of work" are inserted the words: "applicable to Mayotte" ;
« 2° The words:Article L. 242-1 of the Social Security Code, and provisions relating to the count of contributions to the agricultural social insurance scheme” are replaced by the words: "the social security provisions in force in Mayotte relating to the sum of contributions and contributions".
"XII. ― Article L. 244-1 is read as follows:
"Art. L. 244-1. ― Rules relating to the allocation of disabled adults are set by the sections 35 to 42 of Order No. 2002-411 of 27 March 2002 amended on health and social protection in Mayotte. ”
" XIII. – The provisions of Chapter V are not applicable.
“Section 5
“Access to the care of foreign persons
irregular situation
"Art. L. 542-5.-For application in Mayotte, the provisions of Book II title V are replaced by the following provisions:
"Art. L. 251-1. ― The provisions applicable to foreign persons who do not meet the conditions of regularity of the stay defined by theOrder No. 2000-373 of 26 April 2000 relative to the conditions of entry and residence of foreigners in Mayotte, for the care to which they cannot cope, are defined at theArticle L. 6416-5 of the Public Health Code. ”
“Chapter III
« Adaptations of Book III
“Section 1
" Establishments and services subject to authorization
"Art. L. 543-1.-For the purposes of title I of Book III:
"I. ― In article L. 311-9, the words: " referred to in 1°, 8° and 13° of I of article L. 312-1," are replaced by the words: " referred to in 1° and 8° of I of article L. 312-1, ".
"II. ― In Article L. 312-1:
« 1° The 5th is thus written:
« 5° Facilities or services:
“(a) Assistance by work, with the exception of the appropriate companies defined in articles L. 328-33 and following of the Labour Code applicable to Mayotte;
“(b) Rehabilitation, pre-orientation and vocational rehabilitation for disabled workers mentioned in article L. 328-24 of the same code; ”
« 2° The 13th is not applicable.
"III. ― Section L. 312-5 is amended as follows:
« 1° The a 2° is deleted;
« 2° At 3°, a second paragraph is inserted:
" The medico-social organization scheme of La Réunion and Mayotte and the program provided for in Article L. 312-5-1 are developed and arrested by the Director General of the Indian Ocean Health Agency referred to in Article L. 312-5-1Article L. 1434-12 of the Public Health Code after consultation with the relevant coordinating committees of La Réunion and Mayotte and after advice from the chairs of the General Councils of La Réunion and Mayotte. ”
"IV. ― Section L. 312-5-3 is amended as follows:
« 1° In the second paragraph of I, the words: "reception centres for asylum seekers" are deleted;
« 2° II is not applicable;
« 3° The 2° of the III is not applicable;
« 4° At the 4th and 5th of the III, after the words: "the code of construction and housing" are inserted the words: "as applicable to Mayotte";
« 5° IV to VI are not applicable.
"V. ― In Article L. 312-7:
« 1° The words: " or approved under theArticle L. 7232-1 of the Labour Code “are deleted;
« 2° The words: "or approval under Article L. 7232-1 above" are deleted;
« 3° The words: " and, under the conditions provided for in this article, the bodies authorized under theArticle L. 7232-1 of the Labour Code “are deleted.
"VI. – The second, fifth and eighth paragraphs of Article L. 312-8 are deleted.
« VII. – Section L. 313-1-2 is not applicable.
« VIII. ― At the c of Article L. 313-3 the references to 12° and 13° are replaced by the reference to 12°.
" IX. ― In Article L. 313-9, the 5° is not applicable and, in the second sentence of the seventh paragraph, the references to 2° to 5° are replaced by the references to 2° to 4°.
"X. ― Section L. 313-12 is amended as follows:
« 1° In the first paragraph of I, the words: "until 31 December 2007" are deleted;
« 2° The second to seventh paragraphs of I are not applicable;
« 3° I bis and I ter are not applicable.
" XI. ― In Article L. 313-14, after the words: "by the Labour Code" are added the words: "applicable to Mayotte".
"X XII. ― In Article L. 313-21, the words "and the fourth paragraph of Article L. 313-1-2" are deleted.
" XIII. ― In Article L. 313-22, the words: "or the approval provided for in the third paragraph of Article L. 313-1-2" are deleted.
" XIV. ― In Article L. 313-23-1, the words: " Articles L. 212-1 and L. 220-1 of the Labour Code “are replaced by the words “of Article L. 212-1 of the Labour Code applicable to Mayotte”.
" XV. ― In Article L. 313-23-2, after the words: "by the Labour Code" are added the words: "applicable to Mayotte".
« XVI. – Section L. 313-23-3 is not applicable.
« XVII. – In article L. 313-25, the words: "in the sense ofArticle L. 212-15-1 of the Labour Code “are deleted.
« XVIII. ― Section L. 314-2 is amended as follows:
« 1° At 1°, the words : " taken in application of third paragraph of Article L. 174-6 of the Social Security Code “are deleted;
"2° In 2°, the words "and paid to the establishments by the latter under the personalized allowance of autonomy referred to in Article L. 232-8" are deleted.
" XIX. ― The first paragraph of Article L. 314-3 is supplemented by a sentence as follows: "The National Solidarity Fund for Self-Government also stops the amount of the staffing for Mayotte. ”
"XX. ― In Article L. 314-4, the reference to 13° of Article L. 312-1 is deleted.
" XXI. ― Article L. 314-8 is amended as follows:
« 1° In the fourth paragraph, the words: " Within six months of the promulgation of the Act No. 2009-879 of 21 July 2009 reforming the hospital and relating to patients, health and territories, “are removed;
« 2° In the sixth paragraph, the words: ", and without the application of the provisions of the Social Security Code and the Rural and Maritime Fisheries Code relating to the opening of the right to benefits covered by the basic plans, the reimbursement of the portion guaranteed by the health insurance, the participation of the insured at the basic rates for reimbursements, and the package mentioned in theArticle L. 174-4 of the Social Security Code “are deleted;
« 3° In the seventh paragraph, the words: "These provisions apply as of January 1, 2008. They are applicable to the conventions referred to in I of Article L. 313-12 at that date. “are deleted;
« 4° The eighth, ninth and tenth paragraphs are not applicable;
« 5° In the last paragraph, the words: "common law as provided for in chapter II, section 4, of title VI of Book I of the Social Security Code" are replaced by the words: "as provided for inArticle 20-5 of Order No. 96-1122 of 20 December 1996 relating to the improvement of public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund”;
« 6° It is supplemented by the following provisions:
" The credits for expenses incurred by health insurance for the facilities and services referred to in I of Article L. 312-1 are paid by the Mayotte Social Security Fund.
"Up to 31 December 2016, the financing of the establishments and services listed in 2°, 3°, 5°, 7° and 9° of the I of Article L. 312-1 is provided in the form of annual holdings agreed in the framework of multi-year contracts concluded, on the basis of Article L. 313-11, between persons, physical or legal, managers of the establishments and services, and the authorities responsible for the security of the case, as well as ”
“ XXII. – In Article L. 314-11, the reference to the 13th of Article L. 312-1 is deleted.
“ XXIII. – In article L. 315-5, the words: "in application of theArticle L. 162-21 of the Social Security Code “are deleted.
« XXIV. ― Section L. 315-7 is amended as follows:
« 1° The reference to the 13th of Article L. 312-1 is deleted;
« 2° The second paragraph is deleted;
« 3° In the third paragraph, the words "previous subparagraphs" are replaced by the words "of the preceding paragraph".
« XXV. ― After the 6th of Article L. 315-10, it is inserted a paragraph as follows:
" The number per category of representatives mentioned at 1°, 3°, 4° to 6° can be reduced to a representative. ”
« XXVI. ― In L. 315-16, the words: "Departmental Director of Public Finance" are replaced by the words: "Director of Public Finance of Mayotte".
“Section 2
“Submitted to declarations
"Art. L. 543-2.- Title II is not applicable to Mayotte.
“Section 3
Miscellaneous provisions
"Art. L. 543-3.-I. ― The title III is thus written: "Control Provisions".
"II. ― In Article L. 331-1, the word "reported" is deleted and the word "or" is inserted before the word "approved".
"III. ― In Article L. 331-3, the words: "related to the points mentioned in the opening statement and" are deleted.
"IV. ― Section L. 331-6-1 is not applicable.
"V. ― In articles L. 331-7 and L. 331-8, the words "in article L. 321-1 and "are deleted.
“Section 4
“Specific provisions
certain categories of establishments
"Art. L. 543-4.-For the purposes of title IV:
"I. ― Section L. 342-1 is amended as follows:
"1° At 1°, the words: "when they are not empowered to receive beneficiaries of social assistance or granted under personalized housing assistance" are replaced by the words: "when they are not entitled to receive beneficiaries of social assistance";
« 2° The third is not applicable.
“II. ― The second paragraph of Article L. 344-1 is not applicable.
"III. – Section L. 344-2-3 is not applicable.
"IV. ― A L. 344-2-4, the words: "L. 125-3 of Labour code “are replaced by the words: “L. 124-3 of the working code applicable to Mayotte”.
"V. ― A L. 344-2-5, the words: "L. 122-2, L. 322-4-7 and L. 322-4-8 Labour code “are replaced by the words: “L. 122-1-1 and L. 322-1 of the Labour Code applicable to Mayotte”.
"VI. ― In Article L. 344-5, the sentence: "This minimum is increased, if any, of the amount of the life annuities mentioned in theArticle 199 Sevenies of the General Tax Code as well as capitalized interests generated by the funds placed on the contracts referred to in 2° I of Article 199 septies of the same code. “is deleted until the entry into force in Mayotte of the provisions corresponding to General Tax Code.
« VII. - Article L. 345-1:
« 1° The words: "in accordance with Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum" are replaced by the words: "in application of theOrder No. 2000-373 of 26 April 2000 relative to the conditions of entry and residence of foreigners in Mayotte ”;
« 2° The words: "the remuneration mentioned in theArticle L. 241-12 of the Social Security Code where they take part in the work placement activities set out in the preceding paragraph “are replaced by the words: “a remuneration”.
« VIII. Chapters VI, VII and VIII are not applicable to Mayotte.
“Section 5
« Litigation of health and social pricing
"In Article L. 351-1:
« 1° The words: "the president of the regional council and "are deleted;
« 2° The words: "funds of missions of general interest and assistance to contractualization" are deleted.
“Section 6
« Financing the judicial protection of majors
"In section L. 361-1, the reference toArticle L. 174-1 of the Social Security Code is replaced by the reference toArticle L. 6416-3 of the Public Health Code.
“Chapter IV
« Adaptation of Book IV
“Section 1
“Social Service Assistants
"Art. L. 544-1.-For the purposes of title I of Book IV:
"I. ― Section L. 411-1 is supplemented by the following provisions:
" The persons occupying a job as a social service assistant on 1 July 2012 without having the required training title are ten years from that same date to obtain the state diploma of social service assistant through the training or validation of the acquired experience. ”
“Section 2
“Mothers and family assistants
"Art. L. 544-2.-For the purposes of title II of Book IV:
"I. ― The last paragraph of Article L. 421-3 is as follows:
" Where the condition referred to in the fourth paragraph is not fulfilled at the time of the application for approval, the condition shall be granted provisionally for a period of five years if the other conditions are met. Breast assistant or family assistant demonstrates the mastery of oral French within five years of obtaining accreditation. Otherwise, it is terminated. ”
“II. ― The first paragraph of Article L. 421-9 is deleted.
"III. – In section L. 421-12, the reference to section L. 321-4 is replaced by the reference to section L. 321-4 as applicable in metropolis.
"IV. ― In article L. 421-15, the words "to the minimum wage of growth. “are replaced by the words: “to the guaranteed minimum interprofessional wage in force in Mayotte. ”
"V. ― Section L. 421-17 is amended as follows:
« 1° The first paragraph is not applicable;
« 2° In the second paragraph, the word "They" is replaced by the words "The provisions of this chapter".
"VI. ― Section L. 421-18 is supplemented by the following provisions:
"For the application in Mayotte of articles L. 421-6, L. 421-14 and L. 421-15, a decree provides, if any, a composition and terms of designation of members of the departmental parity advisory board, durations, contents and conditions of validation, training and internship, individuals. ”
« VII. – In sections L. 422-2 and L. 422-3, after the words: "by the Labour Code" are added the words: "applicable to Mayotte".
« VIII. – In article L. 422-4, the words: "at the minimum wage of growth. “are replaced by the words: “to the guaranteed minimum interprofessional wage in force in Mayotte. ”
" IX. ― Article L. 423-2 is read as follows:
"Art. L. 423-2. ∙ The provisions of the Labour Code applicable to Mayotte are applicable to maternal and family assistants employed by persons of private law:
« 1° Discrimination and harassment in the preliminary book;
« 2° To professional equality between women and men provided for in title IV of the preliminary book;
« 3° Maternity, adoption and education of children provided for in chapter II, section 6, of Book I;
« 4° In the fixed-term contract set out in chapter II, section 1, title II, of Book I;
« 5° A resolution of disputes that may arise on the occasion of a contract of employment between maternal or family assistants and individuals or legal persons of private law referred to in Article L. 423-1 and which fall within the scope of the Labour Court under the conditions provided for in Article 2 of Order No. 91-26 of 25 February 1991 until the date of entry into force in Mayotte of the provisions relating to the Court of Prud's II of section 16 of Order No. 2011-337 of 29 March 2011 amending the judicial organization in the Department of Mayotte;
« 6° To collective bargaining and collective labour agreements and agreements under title III of Book I;
« 7° To the professional unions provided for under Book IV I;
« 8° To staff delegates and to the corporate committee set out in Book IV titles III and IV;
« 9° To collective conflicts in Book V;
« 10° On the day of May 1 in chapter II, section 2 of Book II of Title II;
« 11° A period of leave with pay provided for in chapter III, section 2, of Book II, Title II;
« 12° Leave for family events in chapter IV of Book II Title II;
« 13° equal pay for women and men provided for in the preliminary chapter of title IV of Book I;
« 14° To pay the salary set out in chapter III of Book I title IV;
« 15° To the seizures and assignments of remuneration under chapter V of title IV of Book I;
« 16° Under the involuntary employment insurance scheme set out in chapter VII of Book III title II;
« 17° The continuing professional training provided for in Book VII. ”
"X. ― In Article L. 423-8, after the words: "Receiving Notice of Receipt" are added the words: " or hand-over of this notification against acknowledgement of receipt".
" XI. ― Section L. 423-10 is amended as follows:
« 1° The words: "in the conditions provided for in the Articles L. 1232-2 to L. 1232-4 of the Labour Code “are replaced by the words: “in the conditions provided for in Article L. 122-27 of the Labour Code applicable to Mayotte”;
« 2° The words:Article L. 1232-6 of the Labour Code“are replaced by the words: “Articles L. 122-27-1 and the first paragraph of Article L. 122-28 of the Labour Code applicable to Mayotte”;
« 3° The words: "in article L. 773-21" are replaced by the words: " in articles L. 423-9, L. 423-11 and L. 423-25. “ ;
« 4° After the word: "recommended" are added the words: " or hand-handed against acknowledgement of receipt".
"XII. ― Article L. 423-14 is read as follows:
"Art. L. 423-14. ∙ The provisions of chapter II, section 8, of Book I, of the Labour Code in Mayotte relating to leave for creation or resumption of business are applicable to persons under this section. ”
" XIII. ― In article L. 423-15, the words ", union representative" are deleted.
" XIV. ― Article L. 423-16 is read as follows:
"Art. L. 423-16. ― Personnel under this section have the same rights and duties as those of employees governed by the Labour Code applicable to Mayotte with respect to the right of direct and collective expression. ”
" XV. ― In Article L. 423-19, the words "to the minimum wage of growth. “are replaced by the words: “to the guaranteed minimum interprofessional wage in force in Mayotte. ”
« XVI. ― In the first paragraph of Article L. 423-20, the words: ", under the conditions and limits of the national collective agreement of maternal assistants" are deleted.
« XVII. ― In article L. 423-24, after the words: "Recommended letter with request for notice of receipt" are added the words: " or hand-over against acknowledgement of receipt" and the words: "recommended letter" are replaced by the words: "submission of the letter".
« XVIII. – In articles L. 423-30 and L. 423-31, the words "to the minimum wage of growth. “are replaced by the words: “to the guaranteed minimum interprofessional wage in force in Mayotte. ”
" XIX. ― Section L. 423-33 is amended as follows:
« 1° The reference to Article L. 773-4 is replaced by the reference to Articles L. 423-6 and L. 423-7;
« 2° The last two paragraphs are not applicable.
"XX. ― Section L. 423-35 is amended as follows:
« 1° The words: "in the conditions provided for in the Articles L. 1232-2 to L. 1232-4 of the Labour Code. ” are replaced by the words: “under the conditions provided for in articles L. 122-27, L. 122-27-1 and in the first paragraph of article L. 122-28 of the Labour Code applicable to Mayotte. “ ;
« 2° After the words: "Recommended letter with a request for a notice of receipt" are added the words: " or hand-delivered against acknowledgement of receipt";
« 3° The words: "in the recommended letter" are replaced by the words: "in the letter".
" XXI. ― A Article L. 424-5, the words: "the body mentioned in theArticle L. 212-2 of the Social Security Code “are replaced by the words: “the Family Benefits Manager caisse in Mayotte”.
“ XXII. – Section L. 424-6 is not applicable.
“Section 3
"Family educators and aids, casual personnel
collective receptions of minors, permanent places of life
"Art. L. 544-3. ― For the purposes of title III of Book IV:
"I. ― Article L. 431-2 is as follows:
"Art. L. 431-2. ― Educators and family aids are not subject to the provisions relating to the duration of work, the allocation and layout of the schedules set out in sections 1 and 2 of Chapter II of Book II of the Labour Code applicable to Mayotte or to those relating to the weekly rest provided for in Chapter I of Title II of the same book. ”
“II. ― Section L. 431-3 is amended as follows:
« 1° In the first paragraph, before the words: "collective agreement" are added the words: "decree, if not”;
« 2° In the second paragraph, before the words: "The convention" are inserted the words: "The decree,"
« 3° The words: "the number of days assigned to a time saving account and" are deleted;
« 4° The words: "after deducting, if any, the number of days spent on a time savings account and paid leave deferred under the conditions provided for in theArticle L. 3141-21 of the Labour Code, ” are deleted.
"III. ― Article L. 432-2 is read as follows:
" The following provisions of the Labour Code applicable to Mayotte are not applicable to a person holding an educational undertaking contract:
« 1° Chapter II of Book II, title I, relating to the duration of work, distribution and schedule development, with the exception of section L. 212-4, relating to actual working time and break time;
« 2° Chapter I of Book II, title II, on weekly rest;
« 3° Chapter I of Book I title IV relating to the guaranteed minimum interprofessional wage. ”
"IV. ― In article L. 432-3, the words "to the minimum wage of growth. “are replaced by the words: “to the guaranteed minimum interprofessional wage in force in Mayotte. ”
"V. ― The fourth paragraph of Article L. 433-1 is as follows:
" Responsible permanent staff and permanent assistants are not subject to the provisions relating to the duration of work, the allocation and schedule of sections 1 and 2 of chapter II of title I of Book II of the Labour Code applicable to Mayotte or to the rest and holidays provisions of Chapter I and II of Title II of the same book. “ ;
« 3° The last two sentences of the last paragraph are replaced by the following provisions: "When the number of days worked exceeds two hundred and fifty-eight, the employee shall, in the first three months of the following year, have a number of days equal to that exceedance. This number of days reduces the conventional annual ceiling of the year during which they are taken. ”
“Section 4
“Partners welcoming older persons
disability
"Art. L. 544-4.-For the purposes of title IV of Book IV:
"I. ― Section L. 441-4 is supplemented by the following provisions:
" It defines reception conditions to obtain accreditation. ”
“II. ― Section L. 442-1 is amended as follows:
« 1° At 1°, the words: provisions of Article L. 223-11 of the Labour Code “are replaced by the words: “to the provisions of Article L. 223-21 of the Labour Code applicable to Mayotte”;
« 2° In the eighth preambular paragraph, the words "of the right to pension in accordance with provisions of the first paragraph of Article L. 351-2 of the Social Security Code “are replaced by the words: “the right to retirement pension in accordance with the social security provisions applicable to Mayotte. ”
"III. – In article L. 443-5, the words: " Articles 6 and 7 of Act No. 86-1290 of 23 December 1986 “are replaced by the words: “the provisions in force in Mayotte concerning the obligations of the donors and tenants”.
"IV. ― In Article L. 443-9, the reference to Article L. 321-4 is replaced by the reference to Article L. 321-4 as applicable in metropolis.
"V. ― Article L. 444-2 is as follows:
"Art. L. 444-2. ∙ The following provisions of the Labour Code applicable to Mayotte are applicable to persons under this chapter:
« 1° Chapters II to IV of title III and title V of the preliminary book;
« 2° Chapters I to III of title II, title III and preliminary chapters, III and V of title IV of Book I;
« 3° Sections 1 to 3 of chapter II of title I, chapters III, IV and V of title II and title IV of book II;
« 4° Chapter VII of Book III title II;
« 5° The titles I, III and IV of Book IV;
« 6° Books V and VII.”
"VI. ― In Article L. 444-4, the words: "after deduction, if any, of days assigned to a time savings account and leave deferred under the conditions provided for inArticle L. 223-9 of the Labour Code, ” are deleted.
« VII. ― In Article L. 444-6, the words: " during the period defined in third paragraph of Article L. 223-8 of the Labour Code “are replaced by the words: “in the period defined in the first paragraph of Article L. 223-13 of the Labour Code applicable to Mayotte”.
« VIII. ― In article L. 444-7, the words ", union representative" are deleted.
“Section 5
“Training social workers
"Art. L. 544-5.-For the purposes of title V of Book IV:
"I. ― In Article L. 451-1, the reference to 2 and 4 of Article L. 920-4 of the Labour Code is replaced by the reference to articles L. 732-1 and L. 732-2 of the Labour Code applicable to Mayotte.
“II. ― Section L. 451-2 is amended as follows:
« 1° The words: "The region" are replaced by the words: "The Department of Mayotte" and the word: "it" is replaced by the word: "it";
« 2° The word: "regional" is replaced by the word: "mahorais" and the words: ", in association with the departments," are not applicable;
« 3° The last paragraph is not applicable.
"III. ― Section L. 451-2-1 is amended as follows:
« 1° The words: "The region" are replaced by the words: "The Department of Mayotte" and the word: "it" is replaced by the word: "it";
« 2° The words "of the region" are replaced by the words "of the community" and the word "regional" is replaced by the word "general".
"IV. ― In Article L. 451-3, the words: "The region is competent" are replaced by the words: "The Department of Mayotte is competent" and the word "regional" is replaced by the word "general".
“Section 6
« Recognition of professional qualifications
"This section does not contain a provision.
“Section 7
"Judicial agents for the protection of majors
and Family Benefits Delegates
"Art. L. 544-6.-For the purposes of title VII of Book IV:
"I. ― In article L. 472-1, the word "regional" is deleted.
"II. ― In Article L. 472-5, the words "an interhospital union" are deleted.
“Chapter V
“Common provisions
"Art. L. 545-1.-The Indian Ocean Health Agency operates in La Réunion and Mayotte the skills vested in regional health agencies.
"The Director General of the Agency exercises the skills assigned to the Director General of the Regional Health Agency referred to in theArticle L. 1432-2 of the Public Health Code.
"Art. L. 545-2.-For the application in Mayotte of Book III, the degree of dependence of older persons is measured using the national grid provided for in Article L. 232-2 in its applicable version in metropolis.
"Art. L. 545-3.-For the purposes of the provisions of this Code, the words listed below are replaced by the following words:
"1° "department" and " overseas department" by : "Department of Mayotte" ;
“2° “the territorial community” by: “Mayotte”;
"3° "judgment court" by: "judgment court";
"4° "representative of the State in the department" or "representative of the State in the region" by: "representative of the State in Mayotte" ;
"5° "Regional scheme of social and medico-social organisation" by: "System of social organization of Mayotte and medico-social organisation scheme of La Réunion and Mayotte mentioned at theArticle L. 1443-4 of the Public Health Code “ ;
"6° "regional health agency" by: "Indian Ocean Health Agency". »
Chapter IX of title IV of Book V of the Code of Social Action and Families becomes chapter II, section 6, of the same title, entitled "Fighting poverty and exclusions", and is amended in accordance with the following provisions:
1° In article L. 549-1, which becomes article L. 542-6, the words "of chapter II of title VI of Book II" are replaced by the words "of title VI of Book II";
2° Before the first paragraph of Article L. 542-6, the following provisions shall be inserted:
"I. ― Sections L. 261-1, L. 261-2, L. 261-3 are replaced by an item L. 261-1, as follows:
"Art. L. 261-1. ― Housing assistance in Mayotte is the one provided by thearticle 10 of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte. “”
3° The I to XXII become the II to XXII and the XXII and XXIII respectively become the XXIV and XXV;
4° It is re-established an XXIII as follows:
“ XXIII. ― In Article L. 262-47, the words: "to the friendly appeal board that knows claims under theArticle L. 142-1 of the Social Security Code “are replaced by the words: “to the guidance board for the management of family benefits in Mayotte mentioned in the III of Article 19 of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte ”;
5° Section L. 542-6 is supplemented by the following provisions:
« XXVI. – The fourth paragraph of Article L. 263-2 is not applicable.
« XXVII. Sections L. 263-3 and L. 263-4 are not applicable.
« XXVIII. ― Section L. 264-1 is amended as follows:
« 1° The words: "with the exception of the State's medical assistance referred to in Article L. 251-1," are replaced by the words: "with the exception of the charge of costs, referred to in Article L. 542-5, ";
« 2° In the third paragraph, the words: "of the personalized allowance of autonomy, the provision of compensation for disability and" are deleted and the words: ", respectively, in articles L. 232-1, L. 245-1 and L. 262-1" are replaced by the words: "in article L. 262-1".
« XXIX. ― In the last paragraph of Article L. 264-2, the words: "as provided in Title I of Book III of the Code of Entry and Residence of Aliens and the Right of Asylum. “are replaced by the words: “issued in application of theOrder No. 2000-373 of 26 April 2000 modified relative to the conditions of entry and residence of foreigners in Mayotte.”
"XXX. ― In Article L. 264-10, the words: "in accordance with Article L. 741-1 of the Code of Entry and Residence of Aliens and the Right of Asylum. “are replaced by the words: “in application of theOrder No. 2000-373 of 26 April 2000 amended relative to the conditions of entry and residence of foreigners in Mayotte ”.
6° Section L. 549-2 is repealed.
Article L. 211-10 of the Code of Social Action and Families is thus amended:
1° In the fifth paragraph, the words "of the departmental director of health and social affairs concerned" are replaced by the words "of the competent authority of the State";
2° In the seventh paragraph, after the words: "including those paid in the departments mentioned in article L. 751-1 of the same code" the words "as well as those paid to Mayotte; "
The Public Health Code is amended to read:
1° In article L. 1511-5, a first paragraph is inserted as follows:
In Article L. 1110-3, the words: "or the right to assistance provided for in Article L. 251-1 of the Code of Social Action and Families. are replaced by the words: "or the right to care provided for in Article L. 542-5 of the Code of Social Action and Families";
2° At 1° of Article L. 2411-1, the words: "and Article L. 2112-3" are deleted;
3° Section L. 2411-2 is repealed;
4° Articles L. 2413-2 and L. 2413-3 are repealed;
5° Article L. 3811-4 is reinstated as follows:
"In the second paragraph of Article L. 3112-3, the words: "and, for the beneficiaries of medical assistance, under the conditions fixed by Article L. 111-2 and Chapter I of Book I of the Code of Social Action and Families" are replaced by the words: "and, for persons not affiliated with the Maternity Health Insurance Plan of Mayotte, under the conditions set.
6° Section L. 3813-1 is repealed;
7° In article L. 6411-1 before the words: "Article L. 6111-3" are inserted the words: "The last paragraph of";
8° Article L. 6416-5:
(a) An eighth preambular paragraph should read:
"The costs for minors and those intended to preserve the health of the unborn child are borne in full when the resources of the persons concerned are less than the amount mentioned in the sixth paragraph. » ;
(b) In the last paragraph, the words: "the regional agency for hospitalization" are replaced by the words: "the Indian Ocean Health Agency" and the words: "and in the eighth preambular paragraph" are inserted after the words: "referred to a".
The Labour Code applicable to Mayotte is amended as follows:
1° In article L. 122-48-1, the reference: "L. 543-2" is replaced by the reference: "L. 123-1";
2° In sections L. 328-2, L. 328-13 and L. 328-14, the reference: "L. 545-2" is replaced by the reference: "L. 146-9";
3° In section L. 328-2, the reference: "L. 545-3" is replaced by the reference: "L. 241-3".
For their application in Mayotte, the following texts are amended:
1° In the first paragraph of Article 6-1 of Law No. 90-449 of 31 May 1990 referred to above, the words "of its heritage or" are deleted;
2° At the 13th of Article 20-1 of Ordinance No. 96-1122 of 20 December 1996 referred to above, the words: "at 2°, 3°, b of 5°, 7°, 10° and 11° of I of Article L. 312-1 applicable to Mayotte of the code of social action and families" are replaced by the words: "at Article L. 314-3-1 and the second paragraph of Article 314-3.
3° In section 12 of Order No. 2002-149 dated February 7, 2002, referred to above, after the reference: "L. 552-1" are inserted the references: "L. 552-3 and L. 552-3-1".
I. ― The provisions that entrust the Department of Mayotte with the responsibility for social assistance to the elderly and the disabled come into force subject to the compensation of the resulting expenses under the conditions laid down by the Financial Law.
The amount of this financial compensation is calculated, under the control of the advisory board on the valuation of expenses referred to in theArticle L. 1211-4-1 of the General Code of Territorial Communities under the conditions set out in sections L. 1614-3 and L. 1614-3-1 of the same code, and after notice of the local committee referred to in section L. 1711-3 of the same code.
II. ― The provisions of the 3rd of Article L. 361-1 shall apply to Mayotte, subject to the compensation of the resulting charges under the conditions laid down by the Financial Law.
The amount of this financial compensation is calculated, under the control of the advisory board on the valuation of expenses referred to in theArticle L. 1211-4-1 of the General Code of Territorial Communities under the conditions set out in sections L. 1614-3 and L. 1614-3-1 of the same code, and after notice of the local committee referred to in section L. 1711-3 of the same code.
III. ― The expenses resulting, for the Department of Mayotte, from the financing of the training of the maternal assistants provided for in Article L. 421-14 of the Code of Social Action and of Families, are compensated by the State under the conditions established by the Financial Law.
The amount of this financial compensation is calculated, under the control of the advisory board on the valuation of expenses referred to in theArticle L. 1211-4-1 of the General Code of Territorial Communities under the conditions set out in sections L. 1614-3 and L. 1614-3-1 of the same code, and after notice of the local committee referred to in section L. 1711-3 of the same code:
― under the training of maternal assistants referred to in the first paragraph of the above-mentioned article L. 421-14, based on the number of maternal assistants identified as of 31 December 2013 in the Department of Mayotte, the duration of compulsory training of maternal assistants, and the hourly cost of training;
- as part of the initiation of relief actions referred to in the second paragraph of the same article, based on the number of maternal assistants identified in the Department of Mayotte as of December 31, 2013, the duration of initiation training to relief gestures, and the hourly cost of training;
∙ in respect of the reception of children entrusted to maternal assistants during compulsory training times after their employment, referred to in the fourth paragraph of the same article, depending on the duration of mandatory training after hiring, the minimum amount of pay and minimum maintenance allowances paid to maternal assistants.
IV. ― The net expenses resulting, for the Department of Mayotte, from the financing of the initial social training and the assistance to students enrolled under the conditions provided for in Article L. 544-5 of the Code of Social Action and the families derived from this Order, are compensated by the State under the conditions established by the Financial Law.
For the years 2013 to 2017, this compensation is calculated to allow, on the one hand, the lump-sum funding of a number of initial training places corresponding to the training needs to be taken into account in the conduct of the social and medico-social action in Mayotte and, on the other hand, the funding of scholarships to students enrolled in registered, eligible establishments, on the basis of an annual lump-sum amount of student assistance.
For the 2018 and subsequent years, this compensation is adjusted on a final basis in view of the average number of social workers to train each year and the rate of scholarship students found.
Advisory Panel on the Evaluation of Expenses referred to in theArticle 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:
― in 2012 on the scaled-down compensation assessment procedures allocated to the Department of Mayotte for the period 2013-2017;
― in 2017, on the terms and conditions for evaluating the final compensation allocated to the Department of Mayotte.
The provisions of the Code of Social Action and Families come into force in Mayotte under the following conditions:
1° Article L. 115-3 comes into force on 1 January 2013;
2° The provisions of Chapter II of Title II and Chapters I and II of Title III of Book I apply to new applications for social assistance filed in Mayotte as of January 1, 2014;
Until that date, the corresponding provisions of articles L. 540-1, L. 542-1, L. 542-2, L. 542-3, L. 542-8, L. 542-9, L. 548-2, L. 548-3 and L. 548-4 remain in force in their writing prior to this order;
3° Articles L. 146-3 to L. 146-13 of Book I and chapter I bis of Title IV of Book II come into force on a date fixed by decree and no later than 1 January 2016;
Until the date mentioned in the first paragraph, articles L. 545-1 to L. 545-4, in their writing before this order, remain in force and article L. 545-1, in the same wording is supplemented by a sentence as follows: "In 2012 and for the following exercises, the National Solidarity Fund for Autonomy pays the contest provided for in section III of L. 14-10-5 for the installation and operation of persons with disabilities. » ;
An assessment of the operation of the common service referred to in Article L. 545-1, in its drafting prior to this order, shall be carried out by 30 June 2015;
4° The provisions of articles L. 226-10 and L. 226-11 and chapter VIII of Book II title IV come into force on 1 January 2014. Until that date, the corresponding provisions of Articles L. 542-1, L. 548-2, L. 548-3 and L. 548-4 remain in force in their writing before this Order;
5° The provisions of Article L. 421-14 relating to the training of maternal assistants come into force on 1 January 2014, subject to the pre-registration in the Financial Law of the provisions relating to the compensation of the corresponding charges provided for in Article 4 of this Order;
6° The provisions of Title V of Book IV come into force on 1 January 2013, subject to the pre-registration in the Financial Act of sections L. 451-2 and L. 451-3 of the provisions relating to the terms and conditions of compensation for the corresponding expenses set out in Part II of this Order;
7° Titles I, III and IV of Book IV come into force on January 1, 2014. These provisions are applicable to new hospitality situations occurring from the date of entry into force of Book IV title IV. They are applicable to reception situations that began before that date under the conditions defined by Article 12 II;
8° Title VII of Book II, on 14 and 15 of I of Article L. 312-1, title VI of Book III and title VII of Book IV come into force on January 1, 2016.
I. ― Section 27, except for IV. Act No. 2007-293 of 5 March 2007 bringing child protection reform is applicable to Mayotte effective 1 January 2013 according to the terms defined by decree.
II. ― For its application in Mayotte, section 44 of Act No. 2007-308 of 5 March 2007 on the reform of the legal protection of majors is amended as follows:
1° In the first paragraph of the I and the V, the words "from the coming into force of this Act" are replaced by the words "from January 1, 2016";
2° It is inserted an Ibi as follows:
"I bis. ― The natural or legal persons who were authorized before 1 January 2016 to exercise State guardianship or State guardianship or guardianship as a special administrator shall, from that same date on the list referred to in the first paragraph of Article L. 471-2 of the Code of Social Action and Families in its version applicable to Mayotte, subject to the following conditions:
« 1° Services under the 1st of the same article shall have a period of three years from that same date to obtain the authorization referred to in Article L. 313-3 of the same code. Article L. 313-1-1 of the same code is not applicable for obtaining such authorization;
« 2° Individuals under 2° of the same article have a period of three years from that same date to obtain the approval referred to in Article L. 471-1 of the same code. »
3° In II, the words: "within three years from the coming into force of the decree provided for in Article L. 472-4 of the same code and no later than January 1, 2012" are replaced by the words: "within the time limit provided for in I";
4° In III:
(a) The words: "to social security regimes applicable under Articles L. 613-1 and L. 622-5 of the Social Security Code are replaced by the words: "to social security schemes under the conditions provided by theOrder No. 96-1122 of 20 December 1996 referred to above » ;
(b) The words: "no later than January 1, 2012" are replaced by the words: "no later than the time limit provided for in I";
5° In IV, the words: "within three years from the coming into force of its Implementing Decree and no later than January 1, 2012" are replaced by the words: "within the time limit set out in I";
6° In the V, the words: "within three years from the date of the entry into force of the decree in the Council of State provided for in the same article and no later than 1 January 2012" are replaced by the words: "within the time limit provided for in the I".
I. ― Pending the calculation of a tax potential as provided by theArticle L. 3543-1 of the General Code of Territorial Communities for Mayotte, the contest provided for in Article L. 14-10-7 of the Code of Social Action and Families relating to the installation and operation of the departmental houses of persons with disabilities, paid to the common service provided for in Article L. 545-1 of the same Code in its writing before this Order, is distributed by holding, for the Department of Mayotte, a zero value for the tax potential.
II. ― The President of the Mayotte General Council may grant approval, the duration of which is fixed by decree, to persons who, on the date of entry into force of Title IV of Book IV of the Code of Social Action and of families, welcome persons with disabilities or older persons under the conditions provided for in Article L. 441-1 of the same Code without meeting all the conditions of approval. Accreditation shall be granted only to the effect of continuing the reception of persons with disabilities or older persons who have already been welcomed and subject to the guaranteeing condition provided for in the first paragraph of Article L. 443-4 of the same code within three months.
The Prime Minister, the Minister of Social Affairs and Health and the Minister of Overseas are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 31 May 2012.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Overseas,
Victorin Lurel
