Key Benefits:
Publics concerned: persons benefiting from both active solidarity income (SRA) and family support allowance (ASF) or family supplement (CF).
Subject: neutralization, for the determination of the resources taken into account for the calculation of the RSA, the exceptional revalorization of the FSA and the CF increase.
Entry into force: the text comes into force on April 1, 2014.
Explanatory Notice: As of April 1, 2014, the ASF is subject to exceptional revalorization and a majoration of the family supplement is created. In order for these measures to effectively benefit the most modest families who receive active solidarity income, this decree excludes this revalorization and this increase in the resource base taken into account in calculating the RSA.
References: the provisions of code of social action and families Amended by this decree may be consulted, in their writing resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le code of social action and familiesincluding article L. 262-3;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 4 February 2014;
Considering the advice of the Board of Directors of the Agricultural Social Mutuality dated 6 February 2014;
Based on the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated March 6, 2014;
Considering the referral of the Regional Council of Guadeloupe dated 10 March 2014;
Considering the referral of the general council of Guadeloupe dated 10 March 2014;
Considering the referral of the Regional Council of La Réunion dated 10 March 2014;
Considering the referral of the General Council of La Réunion dated 10 March 2014;
Considering the referral of the Guyana Regional Council dated 10 March 2014;
Considering the referral of the General Council of Guyana dated 11 March 2014;
Considering the referral of the Martinique Regional Council dated 11 March 2014;
Considering the referral of the General Council of Martinique dated 11 March 2014;
The State Council (Social Section) heard,
Decrete:
After the article R. 262-10 of the Code of Social Action and Families, an article R. 262-10-1 is inserted as follows:
"Art. R. 262-10-1. - I. The extended family supplement, mentioned in theArticle L. 522-3 of the Social Security Code, is taken into account in determining the amount of active solidarity income, equal to 41.65 per cent of the monthly basis for calculating family allowances determined under Article L. 551-1 of the same code.
II. ― The family support allowance referred to inArticle L. 523-1 of the Social Security Code is taken into account in determining the amount of active solidarity income, within a plan equal to:
1° 30% of the monthly basis for calculating family allowances determined pursuant to Article L. 551-1 of the same code for each child mentioned in 1° of Article L. 523-3;
2° 22.5 % of the monthly basis for calculating family allowances determined pursuant to Article L. 551-1 of the same code for each child mentioned in 2° of Article L. 523-3. »
After article R. 522-8 of the Code of Social Action and Families, an article R. 522-9 is reinstated as follows:
"Art. R. 522-9. - For its application in overseas departments, article R. 262-10-1 is amended as follows:
1° The reference to theArticle L. 522-3 of the Social Security Code is replaced by the reference to Article L. 755-16-1 of this code;
2° The words: "to 41.65 % of the monthly basis for calculating family allowances determined under Article L. 551-1" are replaced by the words: "to 23.79 % of the monthly basis for calculating family allowances provided for in Article L. 755-3". »
This Order comes into force on April 1, 2014.
The Minister of Social Affairs and Health, the Minister of the Overseas, the Secretary of State for the Family, Older Persons and Self-Government and the Secretary of State for Persons with Disabilities and the Fight against Exclusion are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on May 27, 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Overseas,
George Pau-Langevin
Secretary of State
Family,
the elderly and autonomy,
Laurence Rossignol
Secretary of State
Persons with Disabilities
and the fight against exclusion,
Ségolène Neuville