Key Benefits:
Publics concerned: former migrants with low levels of resources living alone in social residence.
Purpose: Facilitate long-term stays of former low-level migrants in their country of origin.
Entry into force: The text applies to applications filed as of January 1, 2016.
Notice: this decree is taken for the application of theArticle L. 117-3 of the Code of Social Action and Families. It implements, in accordance with the preconization of the report of the Parliamentary Information Mission on Older Immigrants released on 5 July 2013, assistance to the family and social reintegration of former migrants in their country of origin. This text is intended to allow foreign retirees, with low resources and who reside alone in social residence or home of migrant workers, to make long-term stays in their country of origin and thus to achieve a family reconciliation. The decree sets out the conditions for the allocation (residence, resources and housing) of this aid, as well as its methods of calculation, service and payment. It also determines the modalities for the control of the conditions required to benefit. Finally, he created a fund to manage family and social reintegration assistance for former migrants in their home country.
References: the provisions of code of social action and families Amended by this decree can be found 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 Economy, Industry and Digital Affairs,
Vu le Civil codein particular its article 1983;
Vu le code of social action and familiesincluding article L. 117-3;
Vu le building and housing codeincluding articles L. 633-1, L. 633-2 and R. 351-5;
Vu le monetary and financial codeincluding article L. 518-2;
Vu le Social Security Codeincluding articles L. 351-7, L. 815-7 and R. 351-21;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Having regard to the advice of the Supervisory Board of the Caisse des dépôts et consignations dated 1 July 2015;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund of Employees as of 1 July 2015;
The State Council (Social Section) heard,
Decrete:
After Chapter VI of Book I of Book I of the Second Regulatory Part of the Code of Social Action and Families, a chapter VII is inserted as follows:
“Chapter VII
"Immigrant or immigrant people
“Section 1
"Support for the family and social reintegration of former migrants in their home country
"Subsection 1
“Opening of the right
“paragraph 1
"Right conditions
"Art. R. 117-1.-For the benefit of assistance in the family and social reintegration of former migrants in their country of origin referred to in Article L. 117-3, the applicant justifies the regularity of his stay and certifies that he lives alone.
"Art. R. 117-2.-For the assessment of the incapacity to work referred to in the third paragraph of section L. 117-3, where the applicant under the age of sixty-five is an old-age benefit for the liquidation of which he did not disclose his incapacity to work or does not report to any mandatory basic pension plan of old-age insurance, the fund referred to in section R. 117-2. The application shall then be investigated by the body in accordance with the provisions of the articles L. 351-7 and R. 351-21 Social Security Code. The caisse then returns the file to the fund with a reasoned opinion.
"Art. R. 117-3.-For the purposes of the fourth paragraph of Article L. 117-3, the applicant shall not be entitled to the assistance to the family and social reintegration of former migrants in their country of origin, before the date of entry into enjoyment that he has fixed, at the time of his request for liquidation with the debtors, all personal pensions and reversion to which he may claim. In the event that he does not meet the terms and conditions of award of one or more of his pension on the date on which he seeks the benefit of the assistance, he shall prove it by any means. The aid is then calculated without taking into account these pensions until the last day of the calendar month before the one in which these allocation conditions are met.
"Art. R. 117-4.-An applicant who is not a national of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation shall establish by any means of evidence, and in particular by the production of his or her notices of taxation or non-taxation on the income provided by the tax administration, his salary bulletins and his or her passport, his or her regular and uninterrupted residence in France
"Art. R. 117-5.-The applicant justifies the housing arrangements set out in the sixth paragraph of Article L. 117-3 by the production of the occupation contract provided for in theArticle L. 633-2 of the Construction and Housing Code or leave of rent.
"Art. R. 117-6.-For the application of the eighth paragraph of Article L. 117-3, the length of stay in the country of origin of the beneficiary of the aid must be more than six months in the calendar year. However, compliance with this condition is appreciated over a period of two years from the allocation or renewal of the aid. When allocating the assistance, specific information on this condition of residence is provided to the applicant, who undertakes to respect it.
“Paragraph 2
“Determination of resources
"Art. R. 117-7.-The person seeking the benefit of the assistance is required to disclose to the fund referred to in R. 117-10 the amount of his or her resources.
"This fund may conduct any necessary investigation or research and seek any useful clarification.
"Art. R. 117-8.-The resources taken into account for the allocation of law and the determination of the amount of assistance are, with the exception of this assistance, those defined in theArticle R. 351-5 of the Construction and Housing Code.
"Art. R. 117-9.-The annual resource ceiling set out in the seventh paragraph of Article L. 117-3 is set, effective 1 January 2016, at €6,600. This resource ceiling, the scale set out in section R. 117-19 and the amount of assistance are revalued as of October 1 of each year, in accordance with the forecasted annual change in non-smoking prices, for the year in question, in the economic, social and financial report annexed to the proposed financial law.
"Subsection 2
"Assignment and service of aid
“paragraph 1
"Organization and funding of the aid management fund
“Art. R. 117-10.-It is created a fund called “ The purpose of the Fund for the Management of Family and Social Reintegration of Former Migrants in their Country of Origin, which is to manage the assistance referred to in Article L. 117-3.
"Art. R. 117-11.-Revenues from the fund referred to in R. 117-10 are:
« 1° Refunds and subsidies granted by the State;
« 2° The interests of the deposits in the current account;
« 3° The product of investments made for the use of its availability;
« 4° The product of gifts and bequests.
"Art. R. 117-12.-The expenses of the fund referred to in R. 117-10 are:
« 1° The amount of family and social reintegration assistance paid by him;
« 2° The operating costs of the service;
« 3° Refunds referred to in R. 117-15.
"Art. R. 117-13.-The Caisse des dépôts et consignations shall, on behalf of the State, provide for the administrative, accounting and financial management of the fund referred to in R. 117-10, under the conditions established by a management agreement between the Director General of the Caisse des Dépôts et consignations, the Minister for Social Cohesion, the Minister for Social Security and the Minister responsible for Budget.
"Art. R. 117-14.-For the management of the fund referred to in R. 117-10, the Caisse des dépôts et consignations opens in its writings a particular account where it records the expenses and revenues of the fund.
"Art. R. 117-15.-The fund referred to in section R. 117-10 shall annually reimburse the National Insurance Fund for Employee Old Age Insurance for the expenses set out in the application of section R. 117-2, according to the fees, remuneration and incidental fees payable to physicians by social insured persons and fixed by the conventions set out in theArticle L. 162-5 of the Social Security Code.
“Paragraph 2
"Request and instruction of the request for assistance
"Art. D. 117-16.-The model of the request for assistance in the family and social reintegration of former migrants in their country of origin is determined by decree of the Minister for Social Cohesion.
"Art. R. 117-17.-The assistance is granted upon request by the interested party to the fund referred to in R. 117-10.
"Art. R. 117-18.-The fund referred to in R. 117-10 shall notify the applicant of a reasoned decision to grant aid or reject the application. This notification, which is made by any means to establish a certain date of receipt, mentions the avenues and deadlines of appeal and the competent court.
"In the event of the grant of assistance, the fund referred to in section R. 117-10 shall inform the organization or service referred to in section R. 117-10 accordingly.Article L. 815-7 of the Social Security Code serving the solidarity allowance for the elderly, as well as the organization serving the housing allowance.
"The silence held for more than four months by the fund referred to in Article R. 117-10 on the application for grant of aid is a decision to reject.
“Paragraph 3
"Determination of the amount of aid
"Art. R. 117-19.-The annual amount of support for the family and social reintegration of former migrants in their country of origin is fixed as of January 1, 2016:
“(a) A 6,600 €, when the applicant's annual resources are less than 600 €;
“(b) A €6,000, when the applicant's annual resources are greater than or equal to €600 and less than €1,200;
"(c) A 5,400 €, when the applicant's annual resources are greater than or equal to 1,200 € and less than 1,800 €;
"(d) A 4,800 €, when the applicant's annual resources are greater than or equal to 1,800 € and less than 2,400 €;
“e) A €4,200, when the applicant's annual resources are greater than or equal to €2,400 and less than €3,000;
“(f) A €3,600, when the applicant's annual resources are greater than or equal to €3,000 and less than €3,600;
“(g) A €3,000, when the applicant's annual resources are greater than or equal to €3,600 and less than €4,200;
“(h) A 2 400 €, when the applicant's annual resources are greater than or equal to 4,200 € and less than 4,800 €;
“(i) A 1,800 €, when the applicant's annual resources are greater than or equal to 4,800 € and less than 5,400 €;
“j) A €1,200, where the applicant's annual resources are greater than or equal to €5,400 and less than or equal to €6,000;
“(k) A 600 €, when the applicant's annual resources are greater than or equal to 6 000 € and less than 6,600 €.
“Paragraph 4
"Service and Payment of Assistance
"Art. R. 117-20.- Assistance to the family and social reintegration of former migrants in their country of origin is provided by the fund referred to in R. 117-10.
"Art. R. 117-21.-In light of the statements made by the applicant and in the light of the information collected, the fund referred to in R. 117-10 determines the amount of assistance to which the individual is entitled.
"Art. R. 117-22.-The date of entry to the aid is set on the first day of the month following the date of receipt of the aid request.
"On the date of entry into enjoyment, aid is calculated proportionally to the number of months in which the right is opened from that date until the next 31 December and on the basis of the scale in force on January 1 of the current year. The payment is made no later than two months from the opening of the law.
"When it is renewed, the aid is calculated on the basis of the scale in effect on January 1 of the year and served for a period of twelve months beginning on that same date.
"Art. R. 117-23.- Assistance is renewed on the same terms and conditions as required at the opening of the law, with the exception of that provided for in Article R. 117-4.
"Subsection 3
"Control of the conditions for the allocation of aid
"Art. D. 117-24.-The beneficiary of the family and social reintegration assistance of former migrants in their country of origin is required to report to the fund referred to in R. 117-10 any changes in his residence, resources or family situation.
"Art. D. 117-25.-The recipient of the assistance shall, no later than three months before the date on which the assistance referred to in section R. 117-22 is paid each year, prove that he continues to meet the conditions for the allocation of the assistance assigned to him. In addition to proof of his stay in his country of origin under the conditions mentioned in article R. 117-6, he produces, in particular, the following:
« 1° its latest tax or non-taxation notice on income provided by the tax administration;
« 2° Its valid residence permit if it is not a national of a Member State of the European Union, another State Party to the agreement on the European Economic Area or the Swiss Confederation;
« 3° A certificate of existence within the meaning ofArticle 1983 of the Civil Code.
"Art. D. 117-26.- Assistance is deleted when it is found that one of the conditions required for its service is no longer met.
"The fund referred to in R. 117-10 shall notify the person concerned of the deletion decision and the amount of the unduly collected amounts. This notification, which is made by any means to establish a certain date of receipt, mentions the avenues and deadlines of appeal and the competent court. It also informs the organization or service mentioned in theArticle L. 815-7 of the Social Security Code competent to serve the person concerned the allowance of solidarity to the elderly as well as the organization serving the housing allowance for its reintegration into its rights related to the residence.
"The interested party then reimburses to the fund referred to in R. 117-10 the unduly collected amounts under prorated aid of the number of months remaining to be incurred for the current year.
"Every undue payment of aid is recovered by the fund referred to in R. 117-10.
"A claim against a decision for the recovery of the undue, the filing of a claim for remission or reduction of receivables, and administrative and litigation appeals, including appeals, against decisions made on these claims and claims shall be suspensive.
"This section is applicable under the conditions set out in paragraph 3 of section R. 117-28.
"Subsection 4
« Renoncement for aid
"Art. R. 117-27.-When the beneficiary of the assistance to the family and social reintegration of former migrants in their country of origin no longer wishes to make stays in his country of origin in accordance with the provisions of Article R. 117-6, he shall inform the fund referred to in Article R. 117-10 of his will to give up the benefit of assistance at least two months before his renewal.
"The fund referred to in R. 117-10 shall notify the person concerned of the decision to abolish his assistance and the possible amount of the person. This notification, which is made by any means to establish a certain date of receipt, mentions the avenues and deadlines of appeal and the competent court. It also informs the organization or service mentioned in theArticle L. 815-7 of the Social Security Code competent to serve the person concerned the allowance of solidarity to the elderly, as well as the organization serving the housing allowance for its reintegration in its rights related to the residence.
"Art. R. 117-28.-In the hypothesis referred to in article R. 117-27, the interested party shall reimburse the funds referred to in article R. 117-10 for unduly collected amounts on the basis of the number of months remaining for the current year.
"A claim against a repayment decision, the filing of a claim for remission or reduction of receivables, as well as administrative and litigation remedies, including appeals, against the decisions made on these claims and claims are suspensive.
"The Director General of the Caisse des dépôts et consignations may propose to the Minister for Social Cohesion to hand over or reduce the debt in good faith or precariousness of the debtor's situation, unless that debt arises from a fraudulent maneuver or a false statement.
"Art. R. 117-29.-In the event of renouncing the benefit of the family and social reintegration assistance of former migrants in their country of origin, the person concerned shall not file a new request for assistance before the expiration of a period of six months from the notification of the withdrawal of the previously paid aid.
"Subsection 5
Miscellaneous provisions
"Art. D. 117-30.-A gracious appeal against the decisions made by the fund referred to in R. 117-10 may be filed with the Director General of the Caisse des dépôts et consignations. In the event of rejection of the appeal or failure to respond within one month, the appellant shall have the remedies provided for in the second paragraph of this article.
"The appeals against the decisions taken by the fund referred to in Article R. 117-10 shall be brought before the administrative court of the place of the fund's seat.
"The Director General of the Caisse des dépôts et consignations is entitled in this case to represent the State before the administrative court. »
The automated processing of personal data implemented pursuant to Article 1 of this Decree shall be subject to the prior formalities provided by the Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms.
The provisions of this Order apply to applications filed as of January 1, 2016.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Economy, Industry and Digital Affairs and the Secretary of State responsible for the budget 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 6 October 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
Minister of Economy, Industry and Digital,
Emmanuel Macron
The Secretary of State in charge of the budget,
Christian Eckert
