Key Benefits:
Publics concerned: National Solidarity Fund for Autonomy (CNSA), departments, welcoming families of older persons and persons with disabilities.
Subject: modification of the criteria and modalities for the distribution of the CNSA competitions to the departments under the personalized self-sufficiency allowance (APA), disability compensation and departmental houses of persons with disabilities (chapters I and III); amendment of the procedure for the withdrawal of approval for the family reception of older persons and persons with disabilities (chapter II).
Entry into force: provisions relating to the transmission of data required for the distribution of competitions by departments and the notification of final examinations by CNSA (arts. 3 [II, III and IV]) enter into force on 1 January 2013 for the final distribution of the competitions 2012. The other provisions of the text come into force on the day after its publication. Those of Article 5 I are applicable to APA 2011 competitions. Sections 1 and II of Article 5 apply to competitions 2012.
Notice: the decree amends and supplements, first of all, the rules relating to the distribution and payment of the NCSA competitions to the departments under the APA, the PCH and the MDPH: it provides, as a precautionary measure, the distribution of the PCH and MDPH competitions for fiscal years 2012 and 2013, and the APA competition for fiscal year 2013, on the basis of the fiscal potential of 2011, not impacted by the reform integrates, in the APA criteria, the replacement of the RMI by the RSA; it provides for the cap of the competition paid to a department under the PCH to its delivery expenditure; it develops the data transmission and contest payment schedule in order to ensure that departments have a final distribution of the data at 15 September of year n + 1; it finally allows the CNSA to recover the overpayments to the departments as part of the forecast distribution, by deduction on the payments made for the following years, over two years instead of one. In the second place, the decree sets out the procedure for the withdrawal of a family home to allow a family home to be assisted, at the hearing by the withdrawal advisory board, of two persons instead of one, for example, a legal council and a representative of the profession.
References: the provisions of the social action code and the families amended by this decree can be consulted, in their drafting resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr). Article 2 of the decree is taken for the application of theArticle 34 of Act No. 2012-354 of 14 March 2012 for 2012
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. 14-10-6 and L. 14-10-7;
Vu le general code of territorial authoritiesincluding article L. 3334-6;
Considering the advice of the local finance committee dated 6 November 2012;
Considering the opinion of the National Solidarity Fund for Self-Government of 8 November 2012;
Considering the opinion of the National Committee of Retirees and Older Persons of 15 November 2012;
The State Council (Social Section) heard,
Decrete:
In article R. 14-10-32 of the Code of Social Action and Families, it is added a paragraph as follows:
"This amount cannot exceed the amount of the department's compensation benefit expense. »
I. ― Article R. 14-10-38 of the same code is amended as follows:
1° In the fifth paragraph, the words: "receipts of the minimum income allowance for insertion" are replaced by the words: "homes receiving active solidarity income, whose resources are less than the lump sum mentioned in the 2nd of Article L. 262-2, with the exception of those entitled to the increase provided for in Article L. 262-9";
2° In the sixth paragraph, the formula is as follows:
"Fd = [(PAd/ Σ PAd) × 50% + (Dd/ Σ Dd) × 20% ― (PFd/ Σ PFd) × 25% + (RSA d/ Σ RSAd) × 5%] × 2";
3° The e is replaced by the following:
“e) RSAd represents the number of households receiving active solidarity income, whose resources are less than the lump-sum amount referred to in 2° of section L. 262-2, with the exception of those entitled to the increase provided for in section L. 262-9, residing in that department on December 31 of the year for which the distribution is made. »
II. ― In article R. 14-10-40 of the same code, the words: "the beneficiaries of the minimum income allowance for insertion. The words are replaced by the words: "homes receiving active solidarity income, whose resources are less than the lump sum mentioned in the 2nd of Article L. 262-2, with the exception of those entitled to the increase provided for in Article L. 262-9. »
I. ― In the second paragraph of article R. 14-10-35 of the same code, the word "Next" is added after the words "tenth day of the month".
II. ― Articles R. 14-10-36 and R. 14-10-41 of the same code are amended as follows:
1° In the first paragraph, the words: "February 15" are replaced by the words: "June 30";
2° Before the last preambular paragraph, a subparagraph shall read:
"On request from the cash register, which would have found inconsistencies in the data transmitted, the department shall transmit corrected data to it by 31 August. »
III. ― Article R. 14-10-37 of the same code:
1° In the first paragraph, the words: "when all documents referred to in R. 14-10-36 have been received from him" are replaced by the words: "on the basis of the documents referred to in R. 14-10-36, no later than 15 September of the following fiscal year. If the documents are not transmitted within the time limits set out in R. 14-10-36, the credit union shall determine the final amount by taking into account, for the department concerned, the last data submitted to the credit union by that department. » ;
2° In the last paragraph, the words: "Payments relating to the competitions paid for the following year" are replaced by the words: "Accounts remaining to be paid for the competition of the following year and, where applicable, deposits due to that department under the competition for the next year".
IV. ∙ Article R. 14-10-42 of the same code:
1° In the first paragraph, the words: "when all the summaries referred to in Article R. 14-10-41 reached it. are replaced by the words: "on the basis of the documents referred to in section R. 14-10-41, no later than September 15 of the following fiscal year. In the absence of the transmission of these summaries within the time limits set out in R. 14-10-41, the credit union shall determine the final amount by taking into account, for the department concerned, the data in the last available management accounts. » ;
2° In the last paragraph, the words: "Payments relating to the competitions paid for the following year" are replaced by the words: "Accounts remaining to be paid for the competition of the following year and, where applicable, deposits due to that department under the competition for the next year. »
Section R. 441-11 of the same code is amended as follows:
1° In the second paragraph, the words: "a council" are replaced by the words: "two persons";
2° In the third paragraph, the words: "or the person who kills him" are replaced by the words: "and persons who sit on him."
I. ― By derogation from the provisions of Article R. 14-10-38 and Article R. 14-10-40 of the Code of Social Action and Families, the contest awarded and the deposits paid for the year 2011 shall be calculated taking into account the number of beneficiaries of the minimum income of insertion resident in the department as of March 31, 2009.
II. ― By derogation from the provisions of Article R. 14-10-32 and Article R. 14-10-34 of the same code, the competitions awarded to the departments for the years 2012 and 2013 are distributed taking into account the fiscal potential of the departments of 2011.
III. ― By derogation from the provisions of Article R. 14-10-38 of the same code, competitions awarded to departments for the year 2013 are distributed taking into account the fiscal potential of the departments of 2011.
I. ― Section 1 is applicable to competitions for 2012 and subsequent years.
II. ― The provisions of Article 3 I shall apply to the payment of the deposits of the year 2013.
III. ― The provisions of Article 3 II, III and IV shall apply as of January 1, 2013 for the final distribution of the competitions awarded for the fiscal year 2012.
The Minister of Social Affairs and Health is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
