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Order No. 2014-463 Of 7 May 2014 Bringing Extension And Adaptation To Mayotte Of The Provisions Of The Code Of Social Action And Families Relating To Adoption, The Personalized Autonomy Allowance And The Provision Of Compensation For The H...

Original Language Title: Ordonnance n° 2014-463 du 7 mai 2014 portant extension et adaptation à Mayotte des dispositions du code de l'action sociale et des familles relatives à l'adoption, à l'allocation personnalisée d'autonomie et à la prestation de compensation du h...

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Summary

Application of the Constitution, in particular article 38 and article 73; Act No. 2012-1270 of 20 November 2012 on overseas economic regulation and on various overseas provisions, including article 27. Change of the code of social action and families. Amendment of Order No. 2012-785 of 31 May 2012 extending and adapting the Code of Social Action and Families to the Department of Mayotte: amendment of Article 10. Ratification of this Order by section 100 of Act No. 2015-1776 of 28 December 2015 on the adaptation of society to ageing.

Keywords

SOCIAL AFFAIRES , HEALTH , ARTICLE 38 , ARTICLE 73 , CODE OF SOCIAL ACTION AND FAMILY , CASF , EXTENSION , ADAPTATION , OUTER-MER , MAYOTTE , FAMILY , ADOPTION , ALLOCATION PERSONALIZED AUTONOMIE , APA , PRESTATION OF COMPENSATION OF HANDICAP , RATIFICATION

Legislative records




JORF n°0108 of 10 May 2014 page 7856
text No. 20



Order No. 2014-463 of 7 May 2014 extending and adapting to Mayotte provisions of the Code of Social Action and Families relating to the adoption, personalized allowance of autonomy and the provision of compensation for disability

NOR: AFSA1405628R ELI: https://www.legifrance.gouv.fr/eli/ordre/2014/5/7/AFSA1405628R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2014/5/7/2014-463/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Social Affairs and Health,
Considering the Constitution, in particular its article 38 and article 73;
Vu le code of social action and families ;
Vu le general code of territorial authorities ;
Vu le Social Security Code ;
Vu le Labour code applicable to Mayotte ;
Vu la Act No. 2012-1270 of 20 November 2012 relating to overseas economic regulation and various provisions relating to overseas, including article 27;
See?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;
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 on health and social protection in Mayotte;
See?Order No. 2012-785 of 31 May 2012 extension and adaptation code of social action and families in the Department of Mayotte;
Considering the opinion of the National Committee of Retirees and Older Persons of 22 November 2013;
Based on the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated March 11, 2014;
Having regard to the advice of Mayotte's General Council of 3 April 2014;
Having regard to the opinion of the Higher Council for adoption of 10 April 2014;
The Council of State heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


The provisions of code of social action and families relating to adoption, personalized self-reliance and disability compensation are applicable to Mayotte under the conditions set out in this order.

  • PART I: PROVISIONS FOR THE PROVISIONS RELATING to ADOPTION, SENDING AND ADAPTANT TO THE PERSONAL ALLOCATION OF THE HANDICAP Article 2 Learn more about this article...


    Article L. 541-4 of the Code of Social Action and Families is thus amended:
    1° The 1st of the II is repealed;
    2° The 1° and 2° of the IV are repealed;
    3° The V is repealed;
    4° The VII is replaced by the following:
    « VII. – The second and second subparagraph (b) of Article L. 14-10-5 are not applicable. » ;
    5° VIII is replaced by the following:
    « VIII. ― In article L. 14-10-6, the words: "with the exception of those entitled to the increase provided for in article L. 262-9" are not applicable. » ;
    6° It is added an IX as follows:
    " IX. ― Article L. 14-10-7:
    “(a) In c of I, references to articles L. 341-1, L. 821-1 and L. 821-2 the social security code are replaced by references toArticle 20-1 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 Fundarticle 35 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte;
    “(b) In the d of I, the reference toArticle L. 541-1 of the Social Security Code is replaced by the reference toArticle 10-1 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. »

    Article 3 Learn more about this article...


    Article L. 542-1 of the Code of Social Action and Families is repealed.

    Article 4 Learn more about this article...


    Section III L. 542-2 of the Code of Social Action and Families is repealed.

    Article 5 Learn more about this article...


    Article L. 542-3 of the Code of Social Action and Families is amended as follows:
    1° II is replaced by the following:
    “II. - For the purposes of Chapter II:
    « 1° In article L. 232-1, the words: "in identical conditions throughout the national territory" have been supplemented by the words: "subject to the modifications provided in this chapter";
    « 2° The second paragraph of Article L. 232-6 is amended as follows:
    “(a) After the words: "without explicit refusal of the beneficiaries", are added the words: "or lack of an organized service offer,"
    “(b) The words: "agreed in the conditions fixed to theArticle L. 129-1 of the Labour Code“are replaced by the words: “authorized under the 1st of Article L. 313-1-2”;
    « 3° The second and third paragraphs of Article L. 232-7 are not applicable;
    « 4° In Article L. 232-11, the words: "in Book I" are replaced by the words: "in Chapter I of Title IV of Book V";
    « 5° In article L. 232-13, the words: "accredited under the conditions provided for in theArticle L. 129-1 of the Labour Code“are replaced by the words: “authorized under the 1st of Article L. 313-1-2”;
    « 6° Article L. 232-15:
    “(a) The first paragraph is replaced by the following:
    "The share of the personalized self-sufficiency allowance intended to pay a home help service may be paid directly to the home help service chosen by the recipient, who remains free to change his or her choice at any time;
    “(b) The third paragraph is not applicable;
    « 7° In article L. 232-20, the words: "the departmental council of the order of doctors" are replaced by the words: "the council of the order of the doctors of Mayotte";
    « 8° In Article L. 232-23, the words: "no with the increase for constant assistance of a third person provided for in theArticle L. 355-1 of the Social Security Codeneither with the supplementary benefit for third-party recourse provided for in Article L. 434-2 of the same code” shall not apply. »

    Article 6 Learn more about this article...


    Article L. 542-4 of the Code of Social Action and Families is thus amended:
    1° The 2° of the V is replaced by the following:
    « 2° This is not applicable; »
    2° XIII is replaced by the following:
    " XIII. ― For the purposes of Chapter V:
    "A. ― Section 245-1 is amended as follows:
    « 1° The words: "or Saint-Pierre-et-Miquelon" are replaced by the words: "in Saint-Pierre-et-Miquelon or Mayotte";
    « 2° For its application to Mayotte, the reference toArticle L. 541-1 of the Social Security Code is replaced by the reference to section 10-1 of Order No. 2002-149 of 7 February 2002 on the extension and generalization of family benefits and social protection in the departmental community of Mayotte;
    « 3° The III is replaced by the following:
    "III. ― Recipients of the Education Allowance for the Disabled Child first paragraph of section 10-1 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 may accumulate:
    « 1° Either with the compensation benefit provided for in this section, where the child's disability requires the use of a third person who is paid or compels one of the parents to reduce or cease his or her work or to renounce or incur particularly costly expenses and when exposed to expenses under Article L. 245-3 of this Code.
    "The rates of reduction of professional activity, the duration of the use of a third person and the amounts of expenses are defined by decree in the Council of State;
    « 2° Either with the only element of the benefit mentioned in the 3rd of Article L. 245-3, under conditions fixed by decree, when exposed, due to the handicap of their child, to charges under the said 3°.
    "B. ― Section L. 245-2 is amended as follows:
    « 1° In the first paragraph, the words: "in identical conditions throughout the national territory" have been supplemented by the words: "subject to the modifications provided in this chapter";
    « 2° In the last paragraph, the words: "in front of the jurisdiction of the technical litigation of social security" are replaced by the words: "in front of the court of great instance".
    "C. ― At 2° of Article L. 245-3, the words "of benefits provided for in 1° of Article L. 321-1 of the Social Security Code“are replaced by the words: “of the coverage of the device costs insured by the health insurance”.
    "D. ― In Article L. 245-4, after the words: "la législation du travail et de la accord collective", the word "en vigueur" is replaced by the words "applicable to Mayotte".
    "E. ― In Article L. 245-12:
    « 1° In the first paragraph:
    “(a) The words: "agreed in the conditions provided for in theArticle L. 129-1 of the Labour Code“are replaced by the words: “authorized under 1° of Article L. 313-1-2,” ;
    “(b) The words: "in the sense of chapter I of title II of Book I of the Labour Code" are replaced by the words: "in the sense of Labour code applicable to Mayotte.”
    « 2° In the third paragraph, the words: "accredited under the conditions provided for in theArticle L. 129-1 of the Labour Code“are replaced by the words: “authorized under the 1st of Article L. 313-1-2”.

    Article 7 Learn more about this article...


    The 2nd of the XXVIII of Article L. 542-6 of the Code of Social Action and Families is repealed.

    Article 8 Learn more about this article...


    Article L. 543-1 of the Code of Social Action and Families is thus amended:
    1° The V is replaced by the following:
    "V. ― In Article L. 312-7:
    « 1° In the b of the 3rd, the words: " or approved under theArticle L. 7232-1 of the Labour Code “are replaced by the words: “under the 1st of Article L. 313-1-2” and the words: “of the authorization or approval under Article L. 7232-1 referred to above” are replaced by the words: “of the aforementioned authorization”;
    "2° At 4°, the words: "organisms accredited under theArticle L. 7232-1 of the Labour Code “are replaced by the words: “organisms authorized under the 1st of Article L. 313-1-2”. » ;
    2° The VII is replaced by the following:
    « VII. – The third and fourth paragraphs of Article L. 313-1-2 are not applicable. » ;
    3° XII is repealed;
    4° The 2nd of the XVIII is repealed.

    Article 9 Learn more about this article...


    I and VI of Article L. 543-4 of the Code of Social Action and Families are repealed.

  • PART II: TRANSITIONAL PROVISIONS Article 10 Learn more about this article...


    TheArticle L. 14-10-6 of the Code of Social Action and Families applies to Mayotte subject to the following transitional provisions:
    1° Pending the definition of tax potential as provided by theArticle L. 3334-6 of the General Code of Territorial Communitiesthe contest provided for in the first paragraph of Article L. 14-10-6 is determined by holding a zero value of this potential;
    2° For the forecast distribution of the contest as of January 1, 2015 and for 2015, the amount of the allowances equivalent to the allowance for loss of autonomy paid by the department for social assistance as it is known as December 31, 2014.
    For the calculation of the final competition for this same year 2015, it is taken into account the personalized self-reliance allocation expenditure for this year;
    3° In the absence of the transmission of the summaries of the personalised self-reliance allocation data required for the calculation of the final contest, the data for the year 2015 shall be taken into account in the last known accounts of the personalized self-reliance allocation expenditures;
    4° Pending the definition of tax potential as provided by theArticle L. 3334-6 of the General Code of Territorial Communities and when the product of the relationship between the competition provided for in Article L. 14-10-6 and the expenditures made under the personalized self-reliance allowance in Mayotte is less than the product of the same report calculated on average for all the departments and communities of Martinique, Guadeloupe, Guyane and La Réunion, the Caisse nationale de solidarité pour l'autonomy takes charge of the expenses realized under the personalized allowance of the corresponding autonomy.

    Article 11 Learn more about this article...


    TheArticle L. 14-10-7 of the Code of Social Action and Families applies to Mayotte subject to the following transitional provisions:
    1° Pending the definition of tax potential as provided by theArticle L. 3334-6 of the General Code of Territorial Communities, competitive examination b of the III of Article L. 14-10-5 of the Code of Social Action and Families to cover part of the cost of the compensation benefit is determined by holding a zero value of this potential;
    2° For the application as of 1 January 2015 of the I of Article L. 14-10-7, the number of beneficiaries of third-person allowances for adults and children with disabilities and specific allowances for persons with disabilities paid by the department, for social assistance as known as 31 December 2014.
    For the calculation of the final competition for the same year 2015, the number of beneficiaries of this year's disability compensation benefit is taken into account;
    3° For the anticipated distribution of the competition as of January 1, 2015 and 2015, the amount of third-person allowances for adults and children with disabilities and special allowances for persons with disabilities paid by the department is taken into account for social assistance as it is known as December 31, 2014;
    4° In the absence of the transmission of the summaries of the data relating to the number of beneficiaries and the costs of providing compensation for the disability, necessary for the calculation of the final examination, data on disability compensation in the last known accounts are taken into account in 2015;
    5° Pending the definition of tax potential as provided by theArticle L. 3334-6 of the General Code of Territorial Communities and where the proceeds of the relationship between the competition provided for in I of Article L. 14-10-7 and the expenses incurred for the compensation benefit in Mayotte are less than the proceeds of the same report calculated on average for all the departments and communities of Martinique, Guadeloupe, Guyane and La Réunion, the Caisse nationale de solidarité pour l'autonomy is responsible for the expenses incurred for the compensation of the handicap corresponding to the difference between these two products.

    Article 12 Learn more about this article...


    Thearticle 10 of Order No. 2012-785 of 31 May 2012 extending and adapting the code of social action and families to the Department of Mayotte is thus modified:
    1° At 3°, before the words: "The articles" are added the words: "With the exception of Article L. 146-8",
    2° It is inserted, after the 3°, a 3° bis as follows:
    "3° bis The commission provided for in Article L. 545-2 in its writing before this order is competent to instruct the rights to compensation benefit under the conditions provided for in this order. Title IV of Book V of the Code of Social Action and Families.
    "The decisions taken by this commission may be appealed to the High Court.
    "Up to the date provided for in 3°, the reference to Article L. 146-9 is replaced by the reference to Article L. 545-2 as maintained in force by that same 3°. »

    Article 13 Learn more about this article...


    Section 2, except 3°, and sections 5 to 12 of this Order come into force on January 1, 2015.

    Article 14 Learn more about this article...


    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 May 7, 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Manuel Valls

Minister of Social Affairs

and Health,

Marisol Touraine

Minister of Overseas,

George Pau-Langevin


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