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Decree No. 2012 - 1414 18 December 2012 On The Operation Of The Departmental Disability Houses And Various Measures In Favour Of Persons With Disabilities

Original Language Title: Décret n° 2012-1414 du 18 décembre 2012 relatif au fonctionnement des maisons départementales des personnes handicapées et à diverses mesures en faveur des personnes handicapées

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Summary

Amendment of the social action and family code and the social security code.

Keywords

STATUS OF SOCIAL , CHILD , CHILD , CHILD , CHILD


JORF n°0296 of 20 December 2012 page 20091
text No. 13



Decree No. 2012-1414 of 18 December 2012 on the functioning of departmental houses for persons with disabilities and various measures for persons with disabilities

NOR: AFSA1208579D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/12/18/AFSA1208579D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/12/18/2012-1414/jo/texte


Publics concerned: departmental houses of persons with disabilities, persons with disabilities, courts of social security litigation.
Subject: improvement of the functioning of the departmental houses of persons with disabilities and simplification of various provisions on disability policy.
Entry into force: the text comes into force on the day after its publication.
Explanatory note: the decree first reflects the legislative changes that are required to improve the functioning of the departmental houses of persons with disabilities, particularly with regard to the availability of State officials and the organization of the commissions on the rights and autonomy of persons with disabilities. Secondly, it provides for the admissibility of an application by a person with a disability to the departmental house of persons with disabilities. Third, it simplifies the process of developing and issuing the parking card for persons with disabilities. Finally, it amends the rules for the transmission of information to the courts of the technical litigation of social security.
References: the provisions of the Code of Social Action and Families and Social Security Code Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr). The decree is taken for the application of articles 1st, 2, 6, 7 and 10 of Act No. 2011-901 of 28 July 2011 to improve the functioning of the departmental houses of persons with disabilities and bringing various provisions concerning the policy of disability.
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Considering the code of social action and families, including articles L. 146-4-1, L. 241-3-2 and L. 241-5;
Vu le Social Security Codeincluding article L. 143-1;
Having regard to the opinion of the National Advisory Council on Persons with Disabilities of 22 February 2012;
Considering the advice of the Standards Assessment Advisory Board dated 12 April 2012;
The State Council (Social Section) heard,
Decrete:

  • Chapter I: Provisions Amending the Code of Social Action and Families Article 1 Learn more about this article...


    In the first paragraph of article R. 146-19 of the Code of Social Action and Families, after the words "in application of a", the words "and d".

    Article 2 Learn more about this article...


    After article R. 146-24-1, an article R. 146-24-2 was created as follows:
    "Art. R. 146-24-2. - The provision of an official governed by the general status of the State public service may be terminated before the term provided by a decision of the authority to which the grievor reports, upon request of the original administration, the departmental house of persons with disabilities or the official.
    When the request for an end to disposal comes from the original administration or the departmental house of persons with disabilities, it must be motivated.
    When the application comes from the agent, it addresses its application to its original administration and informs the departmental house of persons with disabilities. The original administration has a period of three months to grant this application and to assign the grievor to the duties he previously held in his original service or to propose an assignment to a job that his grade gives him to occupy.
    Beginning with the date of the original administration's response, a six-month notice is given. However, this notice may be reduced, after agreement between the original administration and the departmental house of persons with disabilities. »

    Article 3 Learn more about this article...


    Section R. 146-25 is amended as follows:
    1° In the first paragraph, the words: "from the place of residence of the disabled person" are replaced by the words: "competent under the provisions of Article L. 146-3";
    2° A second preambular paragraph should read:
    "When an emergency home cannot be determined, the departmental house of persons with disabilities in the place of residence of the disabled person is competent to instruct the application. In this case, if a relief home has been identified, the Departmental House of Persons with Disabilities is informed of this and transmits the file to the departmental house of persons with disabilities competent by informing the person with disabilities. »

    Article 4 Learn more about this article...


    After the second paragraph of article R. 146-26, a paragraph is inserted as follows:
    "When the application is accompanied by all the documents provided for in the preceding two paragraphs, it is admissible. »

    Article 5 Learn more about this article...


    Section 4 of Chapter I of Title IV of Book II of the Code of Social Action and Families is thus amended:
    1° The 1st of section R. 241-16 is replaced by the following provisions:
    « 1° be to the departmental house of persons with disabilities competent under the conditions laid down in Article L. 146-3 of this Code;
    2° Before the last paragraph of article R. 241-17, a paragraph is inserted as follows:
    "If there is no response within two months of the date on which the application is admissible pursuant to the provisions of section R. 146-26 of this code, the parking card shall be issued on an interim basis for a period of two years. This card may be withdrawn at any time if it is determined that its beneficiary does not meet the terms and conditions of attribution set out in the following paragraph. » ;
    3° The second, third, fourth and fifth paragraphs of R. 241-18 are replaced by the following:
    "An order by the Minister of the Interior and Minister for Persons with Disabilities sets out the content of the application form, which includes identification elements of the organization and the missions entrusted to it and the characteristics of the vehicle concerned. »

    Article 6 Learn more about this article...


    Chapter I bis of title IV of Book II of the Code of Social Action and Families is thus amended:
    1° Section R. 241-24 is amended as follows:
    (a) At 3°, the word "joint" is deleted and the words: "regional health and social affairs and the head of the regional service for the inspection of labour, employment and agricultural social policy" are replaced by the words: "a departmental department responsible for social cohesion";
    (b) In the second paragraph of the 8th, after the words: "with the exception of the representatives of the State", the words "and the regional health agency" are inserted;
    2° Section R. 241-25 is amended as follows:
    (a) The words: "in charge of preparing the decisions of the commission" are deleted;
    (b) After the words: "local or specialized sections" are added the words: "as provided in article L. 241-5";
    3° In the second paragraph of article R. 241-27, after the words: "The commission", the words "or, if any, the local or specialized section" are inserted;
    4° The first paragraph of section R. 241-28 is replaced by the following provisions:
    "The commission may decide to establish one or more restricted formations composed of at least three members with a deliberate vote, including at least one representative of the department, at least one representative of the State, and for at least one third, representatives of persons with disabilities and their families designated by the members of the commission mentioned at the 6th of Article R. 241-24, These formations may take all or part of the decisions in the following matters."
    5° In R. 241-30, after the words: "the commission", the words "or, if any, the local or specialized section" are inserted;
    6° In R. 241-31, after the words: "the commission", the words "the rights and autonomy of persons with disabilities" are inserted;
    7° In R. 241-33, the words: "from the filing of the application referred to in R. 146-25 to the departmental house of persons with disabilities" are replaced by the words: "from the date on which the application submitted to the departmental house of persons with disabilities must be viewed as admissible under the conditions referred to in R. 146-26".

  • Chapter II: Provisions Amending the Social Security Code Article 7 Learn more about this article...


    The Social Security Code is thus amended:
    1° After article R. 143-33 of the Social Security Code, an article R. 143-33-1 is created as follows:
    "Art. R. 143-33-1.-When the competent court of the technical litigation of social security, having a dispute mentioned at the 5th of Article L. 143-1, has designated an expert doctor or a consulting physician, the secretariat requests the doctor of the departmental house of persons with disabilities to transmit to the doctor a copy of the medical report that has contributed to the determination of the disability rate or the criticized decision.
    This includes the medical certificate referred to in Article R. 146-26 of the Code of Social Action and Families, supplemented with the findings and evaluation elements that contributed to the contested decision.
    The seized physician is required to transmit a copy of his report within twenty days of receipt of the application, under closed fold with the statement "confidential" on the envelope.
    The court secretariat shall notify the fold in the same form to the expert doctor or the consulting doctor. » ;
    2° In the first paragraph of Article R. 541-3, the words: "from the place of residence of the person concerned" are replaced by the words: "competent under the conditions laid down in Article L. 146-3 of the Code of Social Action and Families";
    3° Section R. 821-2 is amended as follows:
    (a) In the first paragraph, the words: "from the place of residence of the person concerned" are replaced by the words: "competent under the conditions laid down in Article L. 146-3 of the Code of Social Action and Families";
    (b) The third paragraph is deleted.

    Article 8 Learn more about this article...


    The Minister of National Education, the Minister of Justice, the Minister of Social Affairs and Health, the Minister of the Interior, the Minister of Labour, Employment, Vocational Training and Social Dialogue, and the Minister Delegate to the Minister of Social Affairs and Health, responsible for persons with disabilities and the fight against exclusion, are responsible, each with regard to the issue, for the execution of this decree published in the Official Republic.


Done on 18 December 2012.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Social Affairs

and Health,

Marisol Touraine

Minister of National Education,

Vincent Peillon

The guard of the seals,

Minister of Justice,

Christiane Taubira

The Minister of the Interior,

Manuel Valls

The Minister of Labour, Employment,

vocational training

and Social Dialogue,

Michel Sapin

Minister Delegate

Minister of Social Affairs

and Health,

Persons with Disabilities

and the fight against exclusion,

Marie-Arlette Carlotti


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