Key Benefits:
Publics concerned: tenants and accesses to the property residing in Mayotte.
Subject: extension of the social housing allowance in Mayotte and harmonization of provisions relating to housing allowances in Mayotte with the provisions applicable in other communities governed by Article 73 of the Constitution.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree harmonizes the rules relating to housing allowances in Mayotte with those applicable in the departments governed by Article 73 of the Constitution. It introduces the social housing allowance and makes a reconciliation of the rules of the family housing allowance applicable to Mayotte with those in the overseas departments. In order to take into account the economic and social situation of Mayotte, the reference income taken into account in calculating the housing allowance is however appropriate. In order to ensure the right payment of housing allowances, some additional supporting documents are also requested in Mayotte. They relate to the justification of identity, nationality and, where applicable, residence permit, income proofs, respect for the conditions of decency and size of housing and, for tenants, the lease established with the owner of the housing.
References: the provisions of the Code of Social Action and Families, the provisions of the Social Security Code and the texts amended by this Decree can be consulted, in their drafting resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance, the Minister of Social Affairs and Health, and the Minister of Land Equality and Housing,
Considering the code of social action and families;
Vu le General Tax Code ;
Considering the rural code and the maritime fisheries;
Vu le Public Health Code ;
Vu le Social Security Codeincluding articles L. 755-21 and L. 831-1;
Vu le Labour code ;
Considering the Labour Code applicable to Mayotte;
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. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the territorial community of Mayotte;
See?Ordinance No. 2002-411 of 27 March 2002 amended on health and social protection in Mayotte, including chapter II of its title VI;
See?Order No. 2012-785 of 31 May 2012 extending and adapting the code of social action and families to the Department of Mayotte;
See?Order No. 2013-80 of 25 January 2013 relating to housing allowances in Mayotte;
Vu le Decree No. 2002-120 of 30 January 2002 relative to the characteristics of decent housing taken for the application ofArticle 187 of Act No. 2000-1208 of 13 December 2000 relating to urban solidarity and renewal;
Vu le Decree No. 2002-423 of 29 March 2002 relating to family benefits in Mayotte;
Vu le Decree No. 2003-962 of 7 October 2003 relative to the housing allowance in Mayotte;
Vu le Decree No. 2005-1286 of 14 October 2005 relative to the housing allowance in Mayotte;
Vu le Decree No. 2010-1734 of 30 December 2010 relating to the age of commencement of pension entitlement and applying sections 17, 20 (III) and 21 (III) of Act No. 2010-1330 of 9 November 2010 reforming pensions;
Vu le Decree No. 2011-2100 of 30 December 2011 Family benefits in the Department of Mayotte;
Vu le Decree No. 2011-2101 of 30 December 2011 relating to the Guidance Board for the Management of Family Benefits in Mayotte;
Having regard to the advice of the Board of Directors of the National Family Allowance Fund dated 8 January 2013;
Having regard to the advice of the Board of Directors of the Central Agency for Social Security Organizations dated 16 January 2013;
Considering the referral of Mayotte's General Council dated 31 December 2012;
The State Council (Social Section) heard,
Decrete:
The Social Security Code (Part Two: Decrees in the Council of State) is thus amended:
1° In the third paragraph of Article R. 831-7, the words: "great nurses within the meaning of Article L. 241-3 of the Code of Social Action and Families" are replaced by the words: "holders of the disability card provided for in Article L. 241-3 of the Code of Social Action and Families";
2° In article R. 831-11, the words: "with supporting documents taking into account the applicant's or allocator's situation, are determined" are replaced by the words: "and the list of supporting documents, including a certificate of compliance under the first paragraph of article R. 831-13, are determined";
3° In the second paragraph of section R. 831-13, the words: "or that the owner has not produced the certificate referred to in paragraph 2 of Article R. 831-1" are replaced by the words: "or where the owner has not produced the certificate referred to in Article R. 831-11";
4° In the first paragraph of the III of Article R. 831-21 and the first paragraph of Article R. 831-21-4, the words: "in application of the 1st and 2nd paragraph of Article L. 835-2 and e and g of Article L. 835-2 1° of Article 31 of the General Tax Code are replaced by the words: "in accordance with Article L. 835-2";
5° In article R. 831-21-3, the words: "of the 3rd paragraph of article L. 835-2" are replaced by the words: "of the II of article R. 831-21";
6° In the second paragraph of article R. 831-25, the words "of the second paragraph" are deleted;
7° Article R. 832-2:
(a) In the second paragraph, the words: Act No. 70-1318 of 31 December 1970 carrying hospital reform" are replaced by the words: "theArticle L. 6111-1 of the Public Health Code » ;
(b) In the last paragraph, the reference: "L. 443-12" is replaced by the reference: "L. 443-10";
8° In the last paragraph of Article R. 834-14, the words: "Central Fund for Mutual Family Allowances" are replaced by the words: "Central Fund for Agricultural Social Community".
The Social Security Code (Part III: Decrees) is amended as follows:
1° In the last paragraph of Article D. 542-4, the words: "or in view of their disability, in the impossibility recognized by the commission of the rights and autonomy of persons with disabilities to obtain employment" are replaced by the words: "or for which the commission of the rights and autonomy of persons with disabilities referred to in Article L. 241-5 of the code of substantial employment and families recognizes, in the light of their
2° In the fourth paragraph of Article D. 542-11, the words: "great nurses" within the meaning of Article L. 241-3 of the Code of Social Action and Families are replaced by the words: "holders of the disability card provided for in Article L. 241-3 of the Code of Social Action and Families";
3° In the third paragraph of Article D. 542-14, the words: "or that the owner has not produced the certificate referred to in 2° of Article D. 542-17" are replaced by the words: "or where the owner has not produced the certificate referred to in Article D. 542-17";
4° In article D. 542-17, the words: "with supporting documents taking into account the applicant's or allocator's situation, are determined" are replaced by the words: "as well as the list of supporting documents, including an attestation of compliance under the second paragraph of article D. 542-14, are determined";
5° In the first paragraph of Article D. 542-22, the words: "of the second paragraph of Article D. 542-19, in the absence of payment of rent under the conditions provided for in the first paragraph of Article D. 542-19" are replaced by the words: "related to the recovery of unduly collected housing allowances, when the tenant is in a situation of non-payment of rent within the meaning of Article D. 542-19
6° In Article D. 542-22-3, the words "of the 3rd paragraph of Article L. 553-4" are replaced by the words "of Article D. 542-22 and the first paragraph of Article D. 542-29";
7° In the first paragraph of Article D. 542-22-4 and in the second paragraph of Article D. 755-31, the words: "of the 1st and 2nd paragraph of Article L. 553-4 and of the e and g of 1° of Article 31 of the General Tax Code are replaced by the words: "From II of Article L. 553-4";
8° Article D. 542-29 is amended as follows:
(a) In the first paragraph, the words: "of the third paragraph of Article D. 542-19, in the absence of payment of the amounts defined in Article D. 542-25 under the conditions provided for in the first paragraph of Article D. 542-19" are replaced by the words: "related to the recovery of unduly collected housing allowances, when the accessor to the property is in a situation of non-payment of the amounts defined in Article D-25,
(b) In the second paragraph, the words "2° of the fourth paragraph of Article L. 553-4" are replaced by the words "II of Article L. 553-4";
9° In the eighth paragraph of Article D. 553-1, the words: "at articles R. 821-8, R. 824-13, R. 821-14" are replaced by the words: "at article R. 821-8";
10° Section D. 755-4-1 is repealed;
11° In the third paragraph of Article D. 755-15 and Article D. 755-17, the reference: "L. 815-8" is replaced by the reference: "L. 815-9";
12° In the fifth paragraph of Article D. 755-15, the words "great nurses" within the meaning of Article L. 241-3 of the Code of Social Action and Families are replaced by the words: "holders of the disability card provided for in Article L. 241-3 of the Code of Social Action and Families";
13° In the second paragraph of article D. 755-16, the words "of the eleventh and twelfth preambular paragraph" are replaced by the words "of the seventeenth and eighteenth preambular paragraphs";
14° In the last paragraph of Article D. 755-18, the words: "if they are, given their disability, in the impossibility recognized by the technical guidance and professional reclassification commission provided for in theArticle L. 323-11 of the Labour Code, to obtain a job" are replaced by the words: "if the Commission on the Rights and Autonomy of Persons with Disabilities referred to in Article L. 241-5 of the Code of Social Action and Families recognizes to them, given their disability, a substantial and lasting restriction on access to employment";
15° The second sentence of Article D. 755-21 is deleted;
16° In section D. 755-22, the words: "with supporting documents taking into account the situation of the applicant or allocator, is determined" are replaced by the words: "as well as the list of supporting documents, including an attestation of compliance under the second paragraph of section D. 755-19, are determined";
17° In the second paragraph of article D. 755-30, the words: "of 1° and 2° of the fourth paragraph of article L. 553-4 and of the e and g of 1° of Article 31 of the General Tax Code, after agreement of the allocatary," are replaced by the words: "From II of Article L. 553-4";
18° In the first paragraph of Article D. 755-31, the words: "of the last paragraph of the preceding article, if not payment of the rent or of the sums provided for in Article D. 755-27 under the conditions provided for in the first paragraph of Article D. 542-19" are replaced by the words: "related to the recovery of the unduly collected housing allowances, when the tenant or the accessor to the property are in a situation not
19° In the first paragraph of Article D. 755-37, the words: "in the first paragraph of Article D. 755-19 or that the owner has not produced the certificate referred to in Article D. 755-22" are replaced by the words: "in Article D. 755-19 or where the owner has not produced the certificate referred to in Article D. 755-22";
20° In section D. 832-1, the words: "whose number of pieces exceeds that set out in section R. 832-3" are replaced by the words: "whose surface exceeds that provided for in section R. 831-13-1" and the words: "in section R. 832-1" are replaced by the words: "in the tenth paragraph of section D. 831-2-1".
The provisions of articles D. 755-12 to D. 755-32, D. 755-37 and D. 755-38 of the Social Security Code apply to Mayotte and, for the purposes of this application, the provisions of Social Security Code to which these provisions refer, subject to the following modifications:
1°In the first paragraph of Article D. 755-12, the words: "In the departments referred to in Article L. 751-1" are replaced by the words: "A Mayotte" and the words: "at Articles L. 542-1 and L. 755-21" are replaced by the words: "at Article L. 542-1 and at Article L.article 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";
2° In the third paragraph of Article D. 755-15 and Article D. 755-17, the words "as provided for in Article L. 815-9" are replaced by the words "as provided for in Article L. 815-9".article 28 of Order No. 2002-411 of 27 March 2002 modified on health and social protection in Mayotte;
3° In the fourth paragraph of Article D. 755-15, in its drafting decree of 30 December 2010 referred to above, the words: "the 1st of Article L. 351-8" are replaced by the words: "the second paragraph of Article 6 of amended Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte" and the words: "Article L. 161-17-2" are replaced by the words: "the first paragraph of Article 6 of the same Order";
4° For the purposes of section R. 532-8, the words: "minimum hourly growth wage" are replaced by the words: "guaranteed minimum interprofessional wage provided for in article L. 141-1 of the Labour Code applicable to Mayotte";
5° In article D. 755-18:
(a) In the second paragraph, in its drafting decree of 30 December 2010 referred to above, the words: "the 1st of Article L. 351-8" are replaced by the words: "the second paragraph of Article 6 of amended Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte" and the words: "of Article L. 351-7" are replaced by the words: "of Article 11 of the same Order";
(b) In the last paragraph, the words: "or if the Commission on the Rights and Autonomy of Persons with Disabilities referred to in Article L. 241-5 of the Code of Social Action and Families recognizes to them, given their disability, a substantial and lasting restriction on access to employment" are deleted;
6° In article D. 755-19, it is added a paragraph as follows:
"However, where in the course of law, in the cases provided for in the last paragraph of section L. 755-21, the accommodation no longer meets the conditions mentioned in the preceding paragraph, the accommodation allowance shall be maintained for a period of one year, provided that the overall living area is at least 13 square meters for a household without a child or two persons, increased by six square meters per person in addition to the limit of fifty-four square meters plus » ;
7° After the first paragraph of article D. 755-24, nine subparagraphs are inserted as follows:
"However, by derogation from Article D. 542-5:
« 1° The K support coefficient referred to in 2° of II of Article D. 542-5 is determined as follows:
K = 0.9 ― 17,000.00 × N
R
K = 0.9 ―
17 000,00 × N
« 2° The minimum rental L0 referred to in 5° of II of Article D. 542-5 is determined by applying the following percentages:
"0% for the resource group less than or equal to Euro1,273;
“2.4% for the resource group greater than Euro1,273 and not more than Euro1,835;
"20.8 per cent for the resource group exceeding 1,835 euros and not more than 2,350 euros;
"23.2 per cent for the resource group exceeding 2,350 euros and not more than 3,655 euros;
"32.8 per cent for the resource group exceeding Euro3,665. » ;
8° Section D. 755-28 is amended as follows:
(a) In the second paragraph, the words: "the lump sum used to calculate the Rp and" are deleted and the word: "planned" is replaced by the word "planned";
(b) After the third preambular paragraph, a sub-item reads as follows:
"An order by the Minister for Social Security, the Minister for Budget, the Minister for Housing and the Minister for Overseas shall set the lump sum for the calculation of the Rp."
(c) The fourth paragraph is not applicable;
9° Section D. 755-37 is not applicable.
♪ provisions of articles R. 831-1 to R. 835-1 of the Social Security Code are applicable to Mayotte and, for the purposes of this application, the provisions of Social Security Code to which these provisions refer, subject to the following modifications:
1° For the purposes of section R. 532-8, the words: "minimum hourly growth wage" are replaced by the words: " guaranteed minimum interprofessional wage provided for in theArticle L. 141-1 of the Labour Code Mayotte;
2° Section R. 831-7 is amended as follows:
(a) In the first paragraph, the words: "in Article L. 815-9" are replaced by the words: "to the wordsarticle 28 of Order No. 2002-411 of 27 March 2002 modified on health and social protection in Mayotte;
(b) In the second paragraph, the words: "by Article L. 161-17-2" are replaced by the words: "by the first paragraph of Article 6 of amended Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte" and the words: "the allowance of solidarity for older persons" are replaced by the words: "the special allowance for older persons provided for in Article 28 of the Ordinance"
3° In section R. 831-9, the words ", the Minister for Budget and the Minister for Agriculture" are replaced by the words "and the Minister for Budget";
4° In the first paragraph of section R. 831-10, the words: "with the family allowance fund of the applicant's residence exchange, or with the appropriate agricultural social mutuality fund to pay the family benefits to which he or she is entitled or likely to benefit" are replaced by the words: "with the family benefit plan manager credit union referred to in the family benefit plan referred to in thearticle 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° For the purposes of section R. 532-7:
(a) References to Articles L. 5122-1, L. 5422-1, L. 5422-3 and L. 5422-20 of the Labour Code are replaced respectively by references to articles L. 321-14, L. 327-5, L. 327-7 and L. 327-19 of the Labour Code applicable to Mayotte;
(b) The second paragraph is deleted;
(c) In the fourth paragraph, the words: "to the specific solidarity allocation provided for in the Articles L. 5423-1 to L. 5423-3 of the Labour Code, either on the temporary waiting allowance provided for in Article L. 5423-8 of the same code" are replaced by the words: "to the specific solidarity allowance provided for in Articles L. 327-20 to L. 327-22 of the Labour Code applicable to Mayotte";
6° The second to the last paragraphs of Article R. 831-13 are not applicable;
7° In article R. 831-13-1:
(a) It is added to the first paragraph a sentence as follows:
"However, in the course of law, in the cases provided for in the second sentence of the first paragraph of Article L. 831-3, the accommodation no longer meets these settlement standards, the accommodation allowance is maintained for a period of one year, provided that the overall living space is at least thirteen square meters, increased by six square meters per person in addition to the limit of fifty-four square meters for nine people and more. » ;
(b) The second to fourth subparagraphs are not applicable;
8° In the second paragraph of article R. 834-1-1, the words: " Articles L. 1111-2, L. 1111-3 and L. 1251-54 of the Labour Code are replaced by the words: "Articles L. 011-4 and L. 011-5 of the Labour Code applicable to Mayotte";
9° In the first sentence of the second paragraph of Article R. 834-7, the words: "for the determination of the amount of work accidents, family allowances and old-age insurance contributions" are replaced by the words: "to the I of section 28-1 of 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";
10° In R. 834-8, the words "of the general social security system" are replaced by the words "of the regime mentioned in thearticle 19 of 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";
11° Article R. 834-10 is not applicable;
12° Section R. 834-14 is amended as follows:
(a) The second paragraph is not applicable;
(b) The third paragraph is replaced by the following:
"Earnings and administrative costs are centralized by the National Family Allowance Fund. » ;
13° The second paragraph of Article R. 834-16 is not applicable;
14° In R. 835-1, the words ", the Minister for Housing and the Minister for Agriculture" are replaced by the words "and the Minister for Housing".
♪ provisions of articles D. 831-1 to D. 832-1 of the Social Security Code are applicable to Mayotte and, for the purposes of this application, the provisions of Social Security Code to which these provisions refer, subject to the following modifications:
1° Section D. 831-2 is amended as follows:
(a) In the first paragraph, the words "in the departments mentioned in Article L. 751-1" are replaced by the words "in Mayotte";
(b) In the last paragraph, the words: "and agricultural social mutuality funds" are deleted;
2° In article D. 831-2-1:
(a) In the seventh paragraph, the words "managed by the CROUS" are deleted;
(b) In the tenth paragraph, the words: "by Article L. 161-17-2" are replaced by the words: "by the first paragraph of Article 6 of amended Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte" and the words: "the allowance of solidarity for older persons" are replaced by the words: "the special allowance for older persons provided for in Article 28 of the Ordinance"
3° In section D. 831-4, the words ", the minister responsible for agriculture" are deleted;
4° Article D. 831-5 is as follows:
"Art. D. 831-5. - Undue payments of benefits are recovered as in respect of family benefits, in accordance with provisions of articles 5 to 5-6 of Decree No. 2002-423 of 29 March 2002 amended Family Benefits in Mayotte and I of Article 5 of Decree No. 2011-2100 of 30 December 2011 Family benefits in the Department of Mayotte. »
I. ― decree of 7 October 2003 referred to above and Article 2 of the above-mentioned Decree of 14 October 2005 are repealed.
The title of the above-mentioned decree of 14 October 2005 is as follows:
“ Decree No. 2005-1286 of 14 October 2005 the threshold below which the recovery of unduly paid family benefits may be abandoned."
II. ―article 5 of the decree of 29 March 2002 referred to above, in its version from Decree No. 2011-2100 of 30 December 2011 the words "R. 821-8, R. 824-13 and R. 821-14" are replaced by the words "in R. 821-8".
The National Family Allowance Fund shall provide an assessment of the implementation of this Order to the Minister for Social Security, the Minister for Budget, the Minister for Housing and the Minister for Overseas no later than December 31, 2014.
This assessment includes the evolution of the number of beneficiaries of housing allowances in Mayotte and the cost induced for the State and for social security. In view of the evolution of the number of beneficiaries and the cost induced, it proposes a timetable for strengthening the harmonization of the rules applicable to Mayotte and those applicable in these departments with respect to housing allowances.
This article may be amended by decree.
I. ― This Order applies to benefits due from the month of publication and to contributions and contributions due to earnings and remuneration paid from the month of publication.
II. ― The 3rd and 5th of Article 3 come into force on July 1, 2016.
III. – Section 6 II comes into force on January 1, 2014.
I. ― In order to ensure continuity of the benefit service for recipients, for the month of January 2013, of the housing allowance referred to in thearticle 10 of the above-mentioned order of 7 February 2002 in its earlier versionOrder dated January 25, 2013, the right to family housing allowance is reviewed without requiring those persons to file an application file. They remain subject to information obligations arising from the legal and regulatory provisions applicable to the family housing allowance.
II. ― For applicationArticle D. 755-28 of the Social Security Code in Mayotte, where the beneficiary of the family housing allowance has at least one dependent child, the monthly limit within which the amounts defined in section D. 755-27 of the same code are taken into account is determined under the following conditions:
1° When the borrowing was contracted between January 1, 2003 and the date of entry into force of this Order, the monthly limit is the one that was in effect on the date of subscription of the borrowing pursuant toArticle 7 of Decree No. 2003-962 of 7 October 2003 relative to the housing allowance in Mayotte;
2° When the loan was contracted before January 1, 2003, the monthly limit is the one that was in force in 2003 under theArticle 7 of Decree No. 2003-962 of 7 October 2003 relative to the housing allowance in Mayotte.
III. ― For the purposes of sections D. 542-27, to which section D. 832-1 refers, and D. 755-28 to Mayotte, where the beneficiary of the social housing allowance or the family housing allowance does not have a dependent child:
1° When the loan was contracted between 1 January 2003 and the date of entry into force of this Order in Council, the monthly limit is the rent ceiling that was in effect on the date of subscription of the loan under Article D. 755-28, in the departments referred to in Article L. 751-1;
2° When the loan was contracted before January 1, 2003, the monthly ceiling is the rent ceiling that was in force in 2003 pursuant to section D. 755-28, in the departments referred to in section L. 751-1.
IV. ― Until the provisions extending to Mayotte the Decree of 30 January 2002, the safety conditions defined under theOrder dated February 7, 2002 remain in force.
V. ― For its application in Mayotte until January 1, 2015, in article R. 834-7 of the Social Security Code, the words "or agricultural social insurance" are deleted.
VI. ― Until the coming into force of General Tax Code in Mayotte on 1 January 2014, the provisions of this code referred to in title III of Book VIII (Part Two: Decrees in the Council of State and Part Three: Decrees) and chapter V, section 8 of Book VII of the Code of Social Security (Part III: Decrees), as well as in the articles to which they refer, are replaced, for their application in Mayotte, by the corresponding provisions of the tax code applicable to Mayotte.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of Equal Lands and Housing and the Minister of Overseas are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 14 February 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
Minister of Equality of Territories
and housing,
Cécile Duflot
Minister of Overseas,
Victorin Lurel
