Key Benefits:
Publics concerned: beneficiaries of personal housing assistance.
Subject: fixing the thresholds of ownership and usufruct for the right to personal housing assistance.
Entry into force: the text comes into force on the day after its publication.
Notice: the benefit of housing subsidies is not open to tenants whose housing is the property of an ascendant or descendant. Section 85 of Act No. 2013-1203 of 23 December 2013 on the financing of social security has amended the social security code and the code of construction and housing to exclude the payment of aids as long as the housing is the indirect property of the individual or family.
This provision helps to combat fraud in housing allowances by targeting social shareholders in a partnership, owner of housing such as civil real estate companies, civil real estate investment companies, listed real estate investment companies, real estate investment funds.
The law refers to a decree to specify the percentages of ownership or usufruct of the dwelling so held, below which the payment of benefits remains open to allocatories.
References: This decree is taken for the purposes of section 85 of Act No. 2013-1203 of 23 December 2013 on the financing of social security.
The provisions of the Social Security Code and the Construction and Housing Code as amended by this Decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Considering the construction and housing code, including its article L. 351-2-1;
Considering the social security code, including articles L. 542-2, L. 755-21 and L. 831-1;
Considering the advice of the National Habitat Council dated 26 June 2014;
Considering the referral of the General Council of Guyana dated 9 May 2014;
Considering the referral of the Guyane Regional Council dated 11 May 2014;
Considering the referral of the general council of Guadeloupe dated 12 May 2014;
Considering the referral of Martinique's General Council dated 12 May 2014;
Considering the referral of the General Council of La Réunion dated 12 May 2014;
Considering the referral of the regional council of Guadeloupe dated 12 May 2014;
Considering the referral of the Martinique Regional Council dated 12 May 2014;
Considering the opinion of the Regional Council of La Réunion dated 17 June 2014;
Considering the referral of Mayotte's General Council dated 12 May 2014;
Considering the opinion of the territorial council of Saint-Barthélemy of 15 May 2014;
Considering the referral of the territorial council of Saint-Martin dated 12 May 2014;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 10 June 2014;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 11 June 2014,
Decrete:
The last paragraph of section R. 351-1 of the Construction and Housing Code is supplemented by the following provisions: "The thresholds mentioned in the last paragraph of section L. 351-2-1 are fixed to 10% for the ownership shares and 10% for the usufruct shares, without the total of these shares being equal to or greater than 10% in total. »
The Social Security Code is thus amended:
1° The last paragraph of Article D. 542-1 and the last paragraph of Article D. 755-12 shall be supplemented by the following provisions: "The thresholds mentioned in the last paragraph of Article L. 542-2 shall be set at 10% for the shares of ownership and 10% for the shares of usufruct, without the totality of these shares being equal to or greater than 10% in total. » ;
2° Title III of Book VIII is supplemented by a chapter V as follows:
“Chapter V
Miscellaneous provisions
"Art. D. 835-1.-The thresholds referred to in Article D. 542-1 are applicable to the social housing allowance. »
The 1st of Article 2, in that it amends Article D. 755-12 of the Social Security Code, is applicable to Saint-Barthélemy and Saint-Martin.
This Order applies to openings and renewals of law effective from its entry into force.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Housing, Land Equality and Rurality, the Minister of Overseas and the Secretary of State responsible for the budget are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 2 October 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Housing, Land Equality and Rurality,
Sylvia Pinel
Minister of Overseas,
George Pau-Langevin
The Secretary of State in charge of the budget,
Christian Eckert
