Key Benefits:
Publics concerned: insured persons entitled to differential allowance; nationals of states other than the member states of the European Community or party to the agreement on the European Economic Area or the Swiss Confederation.
Subject: modification of family benefits taken into account for the calculation of the differential allowance defined in Article L. 512-5 of the social security code and addition to the list of residence permits required for the benefit of family benefits.
Entry into force: the text comes into force on the day after its publication.
Notice: the differential allowance defined in Article L. 512-5 of the Social Security Code is paid to allocataries who are employed in a country other than France but whose family resides in France. It is awarded in addition to the benefits paid by the State of employment if their amounts are less than that of the family benefits of the French regime.
The purpose of this decree is to amend the basis for calculating this differential allowance by excluding benefits taken into account the birth allowance and the adoption allowance.
This Order also updates the list of residence permits and documents to be produced by non-community foreign nationals to justify the regularity of their stay in France when they seek the benefit of family benefits.
References: the provisions of the Social Security Code as amended by this Decree may be consulted, in their version resulting from this amendment, on the Légifrance website (http:// www. legifrance. gouv. en).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Considering the agreement between the French Republic, the Kingdom of Spain and the Principality of Andorra concerning the entry, movement, residence and establishment of their nationals signed in Brussels on 4 December 2000;
Vu the Code of Entry and Residence of Aliens and the Right of Asylum, including Article R. 311-3;
Vu the Social Security Code, including articles L. 512-2 and L. 512-5;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 22 October 2014;
Having regard to the advice of the Board of Directors of the National Family Allowance Fund dated 4 November 2014,
Decrete:
In article D. 512-3 of the Social Security Code, after the words: "the housing allowance" are inserted the words: "and the bonus at birth or adoption".
After 2° of Article D. 512-1 of the Social Security Code, three paragraphs are inserted:
« 2° bis Living card “skills and talents” ;
"2° ter Long Stay Visa with a residence permit under the conditions provided for in the fourteenth paragraph of Article R. 311-3 of the Code of Entry and Residence of Aliens and the Right of Asylum;
"2° quater Residence title issued pursuant to Articles 3 and 9 of the agreement signed on 4 December 2000 between the French Republic, the Kingdom of Spain and the Principality of Andorra relating to the entry, movement, residence and establishment of their nationals; "
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of the Interior, the Secretary of State for Budget and the Secretary of State for the Family, Older Persons and Self-Government are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on February 17, 2015.
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 the Interior,
Bernard Cazeneuve
The Secretary of State in charge of the budget,
Christian Eckert
The State Secretary for Family, Older and Self-Government,
Laurence Rossignol