Key Benefits:
The Minister of Social Affairs, Health and Women's Rights, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State for Budget,
Vu le code of social action and families ;
Vu le Rural Code and Maritime Fishing ;
Vu le Social Security Code ;
Vu le Decree No. 2014-1702 of 30 December 2014 relating to the retirement rights of persons with disabilities and their family caregivers;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 11 June 2015;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund dated June 3, 2015,
Stop:
I. - Exhibits allowing the insured to justify the permanent incapacity rate of at least 50% defined at theArticle D. 351-1-6 of the Social Security Code are:
1° The disability card defined to theArticle L. 241-3 of the Code of Social Action and Families or the decision to assign this card taken by the commission of the rights and autonomy of persons with disabilities referred to in article L. 146-9 of the same code, by the departmental special education commission defined in article L. 242-2 of the same code in its writing prior to the Act No. 2005-102 of 11 February 2005, by the social assistance admission commission defined in article L. 131-5 of the same code in its writing before theOrder No. 2005-1477 of 1 December 2005 or by the technical guidance and professional reclassification committee defined at theArticle L. 323-11 of the Labour Code in its earlier drafting Act No. 2005-102 of 11 February 2005 ;
2° The decision of the Technical Commission for Guidance and Reclassification, the decision of the Committee on the Rights and Self-Government of Persons with Disabilities or the services and organizations obliging the family benefits to allocate the allowance to disabled adults as defined in articles L. 821-1 and L. 821-2 of the Social Security Code ;
3° The decision of the Departmental Commission for the Guidance of Nurses or Services and Duties of Family Benefits granting the allowance to adult disabled persons established by theArticle 7 of Act No. 71-563 of 13 July 1971 ;
4° The decision of the Technical Guidance and Reclassification Commission classifying the disabled worker in the category C of Article R. 323-32 of the Labour Code in his earlier writingOrder No. 2007-329 of 12 March 2007 ;
5° The decision of the Departmental Director of Labour, Employment and Vocational Training, after a possible opinion of the Labour Inspection, recognizing the burden of disability of the insured under section L. 323-8-2 in his writing prior to the Act No. 2005-102 of 11 February 2005 ;
6° The decision of the primary health insurance fund or agricultural social mutuality fund granting a disability pension defined in the 2° and 3° of Article L. 341-4 of the Social Security Code ;
7° The decision of the health insurance organization granting a disability pension for total incapacity for the exercise of the agricultural profession according to the first paragraph of Article L. 732-8 of the Rural and Maritime Fisheries Code and according to 1° and 2° of Article 1106-3 of the old rural code;
8° The decision of the National Artisanal Commission and Disability Medication or that of the Craftsmen's Old Age Insurance Fund granting a disability pension for a total and final disability defined in the 1st of Article 1 of the Schedule to the Order of July 30, 1987. In the event that the grant of this pension has followed the award of a temporary disability pension to the trade, the duration of the pension is also taken into account: the insured must then make the decision to award that pension as defined in the 2nd of the above-mentioned article;
9° The decision of the pension plan of the self-employed persons granting a disability pension for a total and final disability defined in the 1st of the regulation of the disability-decree of the non-employed workers of the craft professionsmen of Schedule I to the decision of 4 July 2014 (in the case where the grant of the pension has followed the award of a temporary disability pension
10° The decision of the National Autonomous Organization of Industry and Trade Compensation Fund to grant a disability pension for an insured person who is recognized as invalid according to 2° and 3° of Article 6 of the Schedule to the Order of January 26, 2005;
11° The decision of the Social Plan of the Independents granting a disability pension for an insured person recognized as invalid according to the 2nd and 3rd of Article 6 of the Regulation of the Disability-Death Plan of Non-employed Workers in the Industrial and Commercial Professions of Annexes I and II of the Order of 4 July 2014;
12° Notification Articles R. 434-32 of the Social Security CodeR. 751-63 and D. 752-29 Rural Code and Maritime Fishing mentioning a permanent disability rate of at least 50% and granting an annuity if applicable;
13° Notification of the insurer organization under theArticle L. 752-4 of the Rural and Maritime Fisheries Codein his earlier writing Act No. 2001-1128 of 30 November 2001 ;
14° The notification provided for in 1° of Article 1583 of the Local Code of Agricultural Social Insurance of 19 July 1911 granting the payment of annuity corresponding to a permanent disability rate of at least 50%;
15° Jurisdictional or transactional decisions referring to the permanent disability rate of 44% on the basis of the "medical examination" scale used by the expert doctor or examiner during the medicinal assessment;
16° The prefect's decision defined in theArticle 1 of Decree No. 90-1083 of 3 December 1990 granting the "Great Civil Incapacity" macaron to persons with disabilities who have the disability card provided for in section L. 241-3 of the same code for prior periods or for decisions issued before December 31, 2010;
17° The prefect's decisionArticle L. 241-3-2 of the Code of Social Action and Families granting the parking card for persons with disabilities to the holders of the disability card provided for in Article L. 241-3 of the same code in its writing prior to the Act No. 2005-102 of 11 February 2005 for cards issued before that date;
18° The decision of the Technical Guidance and Reclassification Commission or the President of the General Council assigning the compensatory allowance defined to theArticle L. 245-1 of the Code of Social Action and Families in its earlier drafting Act No. 2005-102 of 11 February 2005 ;
19° The prefect's decision or the prior decision of the admission to social assistance commission allocating the additional allocation of the National Solidarity Fund referred to in chapter II of Act No. 57-874 of 2 August 1957;
20° The decision of the Admission to Social Assistance Commission defined at theArticle L. 131-5 of the Code of Social Action and Families in his earlier writingOrder No. 2005-1477 of 1 December 2005 granting:
(a) The monthly allowance for social assistance to large nurses established by Article 7 of Decree No. 59-143 of 7 January 1959 and defined in Article 170 of the former Family code and social assistance ;
(b) The allowance for the large infirms established by Article 8 of Decree No. 59-143 of 7 January 1959, as amended by Article 1 of Decree No. 62-1326 of 6 November 1962, and defined in Article 171 of the former Family code and social assistance ;
21° The payroll for the amount of assistance to the position in accordance with the fourth paragraph of Article R. 243-6 of the Code of Social Action and Families, for users of establishments defined in Article L. 344-2 of the same code.
II. - The above-mentioned decisions or those of the courts of first instance, appeal or cassation are accepted if they grant the insured the above-mentioned allocations or cards or if they refuse them but indicate a permanent disability rate of at least 50%.
III. - The above-mentioned parts must cover the entire insurance period required.
IV. - Where the insured person does not have all the necessary supporting documentation, he shall be directed to the secretariat of the Committee on the Rights and Autonomy of Persons with Disabilities, which, in view of the available documents of his file, shall provide him with duplicates of decisions or, if any, a certificate signed by the president of that body specifying the period(s) during which a permanent incapacity rate of 50% was awarded to him or her.
The Order of 5 July 2004 on the list of documents certifying the permanent disability rate defined in Article D. 351-1-6 of the Social Security Code is repealed.
The Director of Social Security, the Director of Budget and the Director of Financial, Social and Logistics Affairs are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 24 July 2015.
Minister of Social Affairs, Health and Women ' s Rights,
For the Minister and by delegation:
By preventing the Director of Social Security:
The Chief of Service, Assistant to the Director of Social Security,
J. Bosredon
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
For the Minister and by delegation:
By preventing the Director of Financial, Social and Logistics Affairs:
Deputy Director of Financial, Social and Logistics Affairs,
P. Auzary
The Secretary of State in charge of the budget,
For the Secretary of State and by delegation:
By preventing the Budget Director from:
The Deputy Director,
G. Bailly
