Key Benefits:
Publics concerned: some beneficiaries of active solidarity income (SRA), and beneficiaries of the specific solidarity allowance (ASS), the equivalent retirement allowance (ERA) and the transitional solidarity allocation (ATS).
Subject: attribution of exceptional assistance at the end of the year.
Entry into force: the text comes into force on the day after its publication.
Explanatory Notice: The Government has decided to extend in 2014 the award of exceptional year-end assistance to the beneficiaries of the specific solidarity allowance (ASS), the equivalent pension allowance (AER) and the transitional solidarity allowance (ATS) and some beneficiaries of the RSA.
This decree defines the conditions and modalities of its payment.
This exceptional assistance is provided to recipients of the ASS, AER and ATS who are entitled to the service of these allowances for the month of November 2014 or, if not, for the month of December 2014. The amount of this exceptional assistance is set at €152.45, except for the recipients of the plus-rate ASS for which it is increased to €19.53.
This exceptional assistance is also provided to certain recipients of the RSA who are entitled to the service of this allowance for the month of November 2014 or, if not, for the month of December 2014, provided that the amount due under these periods is not zero and provided that the household resources do not exceed the lump sum mentioned in the amount referred to in the 2° of Article L. 262-2 of the Code of Social Action and Families. Only one help is due by home. The amount of this exceptional assistance is set at €152.45 for one person alone. It is increased when the home includes several people depending on its composition.
References: This decree is available 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 and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le code of social action and familiesincluding article L. 262-24;
Vu le Labour codeincluding articles L. 5423-1 and L. 5425-3;
Vu le Social Security Code ;
Vu la Act No. 2007-1822 of 24 December 2007 of finance for 2008, including article 132;
Vu la Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies;
See?Order No. 2010-686 of 24 June 2010 carrying extension and adaptation in overseas departments, in Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon de la Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies;
Vu le Decree No. 2009-608 of 29 May 2009 Exceptionally establishing an equivalent pension allowance for certain job seekers;
Vu le Decree No. 2010-458 of 6 May 2010 Exceptionally establishing an equivalent pension allowance for certain job seekers;
Vu le Decree No. 2011-1421 of 2 November 2011 Exceptionally establishing a transitional solidarity allowance for certain job seekers;
Vu le Decree No. 2013-187 of 4 March 2013 Exceptionally establishing a transitional solidarity allowance for certain job seekers;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality of November 26, 2014;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 2 December 2014;
Considering the advice of the National Council for Employment, Training and Vocational Guidance dated 16 December 2014,
Decrete:
Exceptional assistance is provided to recipients of one of the following allowances that are entitled to their payment for the month of November 2014 or, failing that, for the month of December 2014, except where this exceptional assistance was paid to them for the active solidarity income:
1° Specific solidarity allocation referred to inArticle L. 5423-1 of the Labour Code ;
2° The lump sum allowance referred to in Article L. 5425-3 of the same code;
3° Equivalent retirement allowance referred to in Article 132 II of the Act of 24 December 2007, Article 1 of the Decree of 29 May 2009 andarticle 1 of the decree of 6 May 2010 referred to above ;
4° Transitional allocation of solidarity established by the decree of 2 November 2011 referred to above ;
5° Transitional allocation of solidarity established by the decree of 4 March 2013 referred to above.
The amount of assistance referred to in section 1 shall be equal to:
1° A €152.45 for beneficiaries of the single rate specific solidarity allowance, beneficiaries of the lump-sum premium, beneficiaries of the equivalent pension allowance and beneficiaries of the transitional solidarity allowance;
2° A 219,53 € for beneficiaries of the special solidarity allowance at a higher rate served to allocataries aged fifty-five or more and justified by twenty years of employee activity, to allocataries aged fifty-seven and a half years or more justifying ten years of employee activity and to allocataries justifying at least 160 quarters validated in old-age insurance plans.
Exceptional assistance is provided to allocataries of active solidarity income who are entitled to this allowance for the month of November 2014 or, if not, for the month of December 2014, provided that the amount due under these periods is not null and provided that the resources of the home, valued according to the provisions made under the provisions of theArticle L. 262-3 of the Code of Social Action and Families, do not exceed the lump sum mentioned in 2° of Article L. 262-2 of the same code.
Only one help is due by home.
The amount of assistance referred to in Article 3 is equal to €152.45 for a single person, increased by 50% when the home consists of two persons and 30% for each additional person present at the home, provided that these persons are the spouse, the partner bound by a civil pact of solidarity or the concubin of the person concerned or are at his or her expense.
When the home has more than two children or persons under twenty-five years of age, with the exception of the spouse, the partner bound by a civil pact of solidarity or the concubine of the person concerned, the increase to which each child or individual is entitled is increased to 40% from the third child or third person.
The exceptional aids governed by this decree are the responsibility of the State. They are paid by debtors of the benefits referred to in Articles 1 and 3.
Any undue payment of exceptional assistance granted under this decree shall be recovered on behalf of the State by the agency responsible for the service of the State. The corresponding debt may be remitted or reduced by that agency under the conditions applicable to the recovery of the indus from the allowance under which exceptional assistance was collected.
This Order does not apply to Mayotte.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Labour, Employment, Vocational Training and Social Dialogue, the Secretary of State for Budget 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 30 December 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
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
The Secretary of State in charge of the budget,
Christian Eckert
State Secretary for Persons with Disabilities and the Fight against Exclusion,
Ségolène Neuville
