Advanced Search

Decree No. 2015 - 1709 21 December 2015 Relative To The Activity Premium

Original Language Title: Décret n° 2015-1709 du 21 décembre 2015 relatif à la prime d'activité

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Keywords

SAFETY, SPECIFIC,


JORF n°0296 of 22 December 2015 page 23715
text No. 40



Decree No. 2015-1709 of 21 December 2015 on the activity premium

NOR: AFSA1521304D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/21/AFSA1521304D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/21/2015-1709/jo/texte


Publics concerned: beneficiaries of active solidarity income (CSR) and eligible persons for the activity premium.
Subject: rules of eligibility, calculation and service of the activity premium.
Entry into force: the text comes into force on January 1, 2016.
Notice: the activity premium is replaced, as of January 1, 2016, with the "RSA Activity" (to supplement the active solidarity income) and the employment premium. This new benefit aims to encourage the exercise or resumption of a work activity, complementing workers' resources with modest incomes.
The purpose of this decree is to specify the conditions for the eligibility, calculation and service of the activity allowance and to draw the consequences of the suppression of the "activity RSA" in respect of the regulatory provisions under a decree in the Council of State.
References: This decree is taken for the application of Title IV of Law No. 2015-994 of 17 August 2015 on social dialogue and employment. The articles of the various codes modified by this decree can be consulted, in their writing resulting from this amendment, 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,
Vu le Civil code ;
Vu le code of social action and families ;
Vu le general code of territorial authorities ;
Vu le Consumer code ;
Vu le building and housing code ;
Vu le Code of entry and residence of foreigners and asylum ;
Vu le environmental code ;
Vu le General Tax Code ;
Vu le Post and electronic communications code ;
Vu le Rural Code and Maritime Fishing ;
Vu le Social Security Codeincluding articles L. 842-1, L. 842-2 and L. 842-4;
Vu le Labour code ;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 15 September 2015;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated 17 September 2015;
Considering the advice of the territorial council of Saint-Pierre-et-Miquelon dated 29 September 2015;
Considering the opinion of the departmental council of Guadeloupe dated 1 October 2015;
Considering the opinion of the territorial council of Saint-Martin dated 6 October 2015;
Considering the referral of the Regional Council of Guadeloupe dated 14 September 2015;
Considering the referral of the Departmental Council of Guyana dated 14 September 2015;
Considering the referral of the Guyane Regional Council dated 15 September 2015;
Considering the referral of the departmental council of Martinique dated 14 September 2015;
Considering the referral of the Martinique Regional Council dated 14 September 2015;
Considering the referral of the departmental council of La Réunion dated 14 September 2015;
Considering the referral of the Regional Council of La Réunion dated 14 September 2015;
Considering the referral of the departmental council of Mayotte dated 14 September 2015;
Considering the referral of the territorial council of Saint-Barthélemy dated 15 September 2015;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


I.- Title IV of Book VIII of the Social Security Code is thus restored:


« Title IV
"ACTIVITY PRIME


“Chapter I
“General provisions


“Chapter II
"Right conditions


"Art. R. 842-1.-For the purposes of Article L. 842-1, the person who resides in France on a permanent basis or who spends one or more stays outside France shall be considered to be a resident in France in a stable and effective manner, the person who resides in France on a permanent basis or who does not exceed three months. Residences outside France resulting from the contracts mentioned in the articles L. 262-34 or L. 262-35 the code of social action and families or the personalized job access project mentioned in theArticle L. 5411-6-1 of the Labour Code are not taken into account in calculating this duration.


"Art. R. 842-2.-The conditions referred to in Articles L. 842-1 and L. 842-2 shall be met by the beneficiary of the activity allowance and his spouse, concubine or partner bound by a civil pact of solidarity:
« 1° Each calendar month in the quarter before the review or revision of the entitlement to the activity premium; and
« 2° The month of law.
"However, the preceding paragraph is not applicable to the conditions referred to in 1°, 3° and 5° of Article L. 842-2.


"Art. R. 842-3.-The home mentioned in the 1st of Article L. 842-3 is composed of:
« 1° Recipient;
« 2° From his spouse, concubine, or partner bound by a civil pact of solidarity; and
« 3° Children and dependants who meet the following two conditions:
“(a) Open the right to family benefits or be less than twenty-five years old and be at the effective and permanent charge of the beneficiary or his spouse, concubine or partner bound by a civil solidarity pact provided, in case of arrival at home after the seventeenth anniversary, that he or she have with the beneficiary or his spouse, concubine or his partner bound by a civil solidarity pact a relationship of kin to the fourth degree included;
“(b) Do not benefit or have benefited, during the calendar year of law, from the activity premium as a beneficiary or spouse, concubine or partner bound by a civil pact of solidarity of a beneficiary.


"Art. R. 842-4.-Where the spouse, concubine or partner bound by a civil pact of solidarity is not taken into account, for the determination of the beneficiary home, because he does not meet one or more of the conditions mentioned in Articles L. 842-1 and L. 842-2, his resources within the meaning of Article L. 842-4 are taken into account, and his professional income is assimilated to replacement incomes mentioned in Article 842-4.


"Art. R. 842-5.-The maximum period during which the lump sum is increased in accordance with Article L. 842-7 is twelve months. In order to benefit from the increase, the person concerned must submit the application within six months of the date on which the conditions of opening the law are met. Beyond this period, the length of service of the extended allowance is reduced to due proportion.
"However, this 12-month period is extended until the youngest dependent child reaches the age of three. This provision applies even if the insulated parent has assumed the responsibility of the child only after the date on which the conditions of opening the right to the allowance have been met.


“Chapter III
"Determination of activity premium


"Art. R. 843-1.-I.-The amount due to the home beneficiary of the activity allowance is equal to the average of the premiums calculated in accordance with Article L. 842-3 for each of the three months preceding the periodic review or review of the law.
"II.-For each of the three months referred to in I, the composition of the home and the isolation situation referred to in Article L. 842-7 withholdings for the determination of the lump sum are those of the home on the last day of the month, subject to the provisions of 1° and 2° below:
« 1° It is not taken into account for the calculation of the activity allowance, the former spouse, concubine, or partner bound by a civil pact of solidarity of the beneficiary, or its resources, where the latter no longer belongs to the home during the filing of the application or during the periodic review referred to in Article L. 843-4;
« 2° The spouse, concubine or partner bound by a civil solidarity pact of the beneficiary during the filing of the application or during the periodic review is deemed to have belonged to the home throughout the previous three months.
"III.-For each of the three months referred to in I, the resources taken into account in calculating the activity premium are those collected during the month in question. However, the taxable income referred to in the 5th of Article L. 842-4 taken into account is equal to the twelfth of those of the penultimate calendar year preceding the month studied.


“Chapter IV
"Resources taken into account for the activity premium


"Art. R. 844-1.-Ont the character of professional income or take place under the 1st of Article L. 842-4:
« 1° All income from an employee or non-employed activity;
« 2° Income from vocational training courses;
« 3° Compensation received as part of a volunteer in the armies mentioned in theArticle L. 4132-11 of the Defence Code ;
« 4° Legal or conventional assistance to partial unemployment workers;
« 5° Allowances received on statutory maternity, paternity or adoption leave;
« 6° The basic and complementary daily social security allowances, collected in the event of medically recognized physical incapacity to continue or resume work, work injury or occupational disease for a period that cannot exceed three months from the work stop;
« 7° Guaranteed compensation paid by disabled workers admitted to a work-assisted facility or service;
« 8° Compensation received as part of an action intended for adaptation to active life, provided for inArticle R. 345-3 of the Code of Social Action and Families ;
« 9° The amounts collected under compensation by the family caregiver as defined in theArticle R. 245-7 of the Code of Social Action and Families ;
« 10° The sums collected for their participation in a work intended for their social integration by the people welcomed in the community reception and solidarity activities mentioned in theArticle L. 265-1 of the Code of Social Action and Families.


"Art. R. 844-2.-Ont the alternative income character pursuant to the 2nd of Article L. 842-4:
« 1° Old-age or disability benefits under a statutory or conventional mandatory regime;
« 2° Allowances to unintentionally deprived workers of employment pursuant to Title II of Book IV of Part 5 of the Labour Code and to Article L. 1233-68 of the same Code;
« 3° Preliminary cessation of activity allocationsArticle 41 of Act No. 98-1194 of 23 December 1998 Social Security Funding for 1999;
« 4° The basic and complementary daily social security allowances, collected beyond three months after the termination of work in the event of medically recognized physical incapacity to continue or resume work, work injury or occupational disease;
« 5° The compensation benefit mentioned in theArticle 270 of the Civil Code ;
« 6° The food pensions mentioned in theArticle 373-2-2 of the Civil Code.


"Art. R. 844-3.-The benefit in kind provided by an occupied dwelling either by its owner who does not receive personal housing assistance or, as a free measure, by the members of the home, is assessed on a monthly basis and in a lump sum:
« 1° 12% of the lump-sum amount referred to in 1° of Article L. 842-3 applicable to a single person home;
« 2° A 16% of the lump sum calculated for two persons when the home consists of two persons;
« 3° A 16.5% of the lump sum calculated for three persons when the home consists of three or more persons.
"The benefits in kind provided by a privately operated garden are not taken into account.


"Art. R. 844-4.-I.-Personal housing assistance provided for in articles L. 542-1 and L. 831-1 of this code andArticle L. 351-1 of the Construction and Housing Code are included in the resources, within the limit of a plan calculated according to the terms set to 1°, 2° and 3° of Article R. 844-3.
"However, when persons other than the beneficiary mentioned in 2° and 3° of Article R. 844-3 are not taken into account for the allocation of personal housing assistance, they are excluded from the calculation of this package.
"II.-The extended family supplement, referred to in section L. 522-3, is taken into account for the determination of the amount of activity allowance, to a package equal to 41.65 per cent of the monthly basis for calculating family allowances determined under section L. 551-1.
"III.-The family support allowance referred to in Article L. 523-1 shall be taken into account for the determination of the amount of activity allowance, within the limit of a plan equal to:
"1° 30% of the monthly basis for calculating family allowances determined under Article L. 551-1 for each child referred to in Article L. 523-3;
"2° 22.5 % of the monthly basis for calculating family allowances determined under Article L. 551-1 for each child referred to in Article 2° L. 523-3.


"Art. R. 844-5.-are excluded from the resources taken into account for the calculation of the activity allowance the following social benefits and assistance:
« 1° The bonus at birth or adoption referred to in Article L. 531-2;
« 2° The basic allowance referred to in Article L. 531-3 until the last day of the calendar month in which the child reaches the age of three months when she is paid to the beneficiaries in the situations referred to in Article L. 842-7;
« 3° The age increase for family allowances referred to in Article L. 521-3 and the lump sum allowance established by the second paragraph of Article L. 521-1;
« 4° The school allowance referred to in Article L. 543-1;
« 5° The free choice of mode of custody mentioned in articles L. 531-5 to L. 531-9;
« 6° The education allowance of the disabled child and its supplements referred to in Article L. 541-1, the specific increase for the isolated person referred to in Article L. 541-4;
« 7° The Daily Allowance for Parental Presence referred to in Article L. 544-1 of this Code;
« 8° Relocation allowances provided by articles L. 542-8 of this Code and L. 351-5 of building and housing code ;
« 9° The compensation benefit referred to in theArticle L. 245-1 of the Code of Social Action and Families for all the elements referred to in Article L. 245-3 of the same code;
« 10° The compensatory allowance provided for in Chapter V of Title IV of Book II of the Code of Social Action and Families in its writing prior to the Act No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons with disabilities, where one or the other is used to pay a third party not part of the home of the beneficiary of the activity premium;
« 11° In-kind benefits due to health insurance, maternity, occupational accidents and occupational diseases or for State medical assistance;
« 12° The maternity replacement allowance provided for in sections L. 613-19-1 and L. 722-8-1 of this Code and L. 732-10 of Rural Code and Maritime Fishing ;
« 13° The re-education grant and the honorary loan mentioned in article R. 432-10;
« 14° Financial aids and relief, the amount or periodicity of which are not of a regular nature, as well as assistance and relief for expenses that contribute to the integration of the recipient and his family, including in the areas of housing, transport, education and training;
« 15° The return to employment bonus and personalized return to employment assistance mentioned respectively in the articles L. 5133-1 and L. 5133-8 the Labour Code and the allocation referred to in Article L. 5131-6 of the same code;
« 16° Scholarships and the allocation for diversity in the public service;
« 17° The funeral expenses referred to in Article L. 435-1;
« 18° Death capital served by a social security system;
« 19° Allocation of the solidarity fund for North African VeteransArticle 125 of Act No. 91-1322 of 30 December 1991 1992;
« 20° Specific assistance for surviving spouses of French nationality from members of the additional and assimilated formations, referred to in First and third paragraphs of Article 10 of Act No. 94-488 of 11 June 1994 relating to returnees, former members of the additional and assimilated formations or victims of captivity in Algeria;
« 21° The recognition allowance instituted by theArticle 47 of Act No. 99-1173 of 30 December 1999 for 1999;
« 22° The repair measures mentioned in theArticle 2 of Decree No. 2000-657 of 13 July 2000 establishing a remedy for orphans whose parents were victims of anti-Semitic persecution;
« 23° The repair measures mentioned in theArticle 2 of Decree No. 2004-751 of 27 July 2004 providing financial assistance in recognition of the suffering suffered by orphans whose parents were victims of barbaric acts during the Second World War;
« 24° Solidarity income provided forArticle L. 522-14 of the Code of Social Action and Families ;
« 25° Active solidarity income provided forArticle L. 262-1 of the Code of Social Action and Families ;
« 26° Gratifications collected through internships carried out under theArticle L. 124-1 of the Education Code.


“Chapter V
"Non-salarial provisions


"Art. R. 845-1.-Professional incomes subject to income tax in the agricultural profit category are defined as profits from the last year prior to the year in which the right to the allowance is reviewed or revised, or those of the last year if known, provided they correspond to a full year of activity.
"When the profits have not been taxed, or do not correspond to a full year of activity, the professional income is calculated by the agency responsible for the service of the activity premium by applying to the animal and plant productions the selected elements for the calculation of the lump-sum agricultural profits in the tables published in the Official Financial Bulletin.
"Professional income taken into account for the calculation of the activity premium is equal to the twelfth of the annual income established under the preceding paragraphs.


"Art. R. 845-2.-Professional incomes subject to income tax in the class of industrial and commercial profits and non-commercial profits are defined as profits from the last year prior to the year in which the right to allowance is reviewed or revised, or those of the last year if known, provided that they correspond to a full year of activity.
"Professional income taken into account for the calculation of the activity premium is equal to the twelfth of the annual revenues determined under the preceding paragraph.
"When the profits have not been taxed, or do not correspond to a full year of activity, and for self-employed persons who have opted for the plan under section L. 133-6-8, the professional income is calculated by the agency responsible for the service of the activity premium by applying to a third party the amount of the turnover or the total revenues of the quarter preceding the examination or revision of the law, an abatement whose rate 50-0 and 102 ter the general tax code for each class of activity mentioned in the said articles.


"Art. R. 845-3.-For the persons mentioned inArticle 62 of the General Tax Code, income earned is defined as pay before deduction for professional costs.


“Chapter VI
"Attribution, service and funding of the delivery


"Art. R. 846-1.-The request for the benefit of the activity premium is made by teleservice. It can also be done by filing a form with the agency responsible for its service.
"The declaration of the exercise, taking or resumption of a professional activity by a beneficiary of the active solidarity income is a demand for the benefit of the activity premium.


"Art. R. 846-2.-The allowance is payable on the first day of the calendar month in which the application was filed in accordance with section R. 846-1.


"Art. R. 846-3.-The activity allowance is paid monthly to expired.


"Art. R. 846-4.-Where, within the home, one of the members or his spouse, a partner bound by a civil pact of solidarity or concubine is already allocatary for family benefits or active solidarity income, he is also the allocator for the activity premium.
"In the opposite case, allocatary is the one they designate by mutual agreement. This right of option can be exercised at any time. The option can only be challenged at the end of a year, unless the situation changes. If this right of option is not exercised, the Allator is the one who filed the application for allocation.


"Art. R. 846-5.-The beneficiary of the activity allowance is required to inform the agency responsible for the service of the delivery of all information necessary for the establishment and calculation of the rights relating to his residence, family situation, activities, resources and property of the members of the home. It must make known to this body any change in either of these elements.


"Art. R. 846-6.-The agricultural social mutuality funds provide the service of the activity allowance:
« 1° When the beneficiary, his or her spouse, his or her partner bound by a civil pact of solidarity or his or her concubin falls under the non-salarie regime of agricultural professions;
« 2° When the beneficiary, his or her spouse, partner bound by a civil pact of solidarity or his or her concubin is an agricultural employee, farmer or farmer or rural artisan, unless family benefits are paid to one or the other by a family allowance fund.


"Art. R. 846-7.-If a beneficiary who has neither a spouse, nor a partner bound by a civil pact of solidarity, nor a concubine, nor a dependant is hospitalized in a health care institution, benefiting from health insurance, the amount of his or her premium calculated during the second periodic review following the start of hospitalization is reduced by 50%. This provision is not applicable to persons in pregnancy.
"The reduction of the premium is effected only during periods during which the recipient is actually accommodated in a health facility, excluding periods of suspension of health insurance coverage.
"The service of the premium is taken at the normal rate, without further request, from the periodic review following the end of the hospitalization.


"Art. R. 846-8.-The right to the activity premium of the incarcerated person who has neither spouse nor partner bound by a civil covenant of solidarity, nor concubine, nor dependant, is suspended from the second quarterly revision following the commencement of his incarceration.
"When the incarcerated person has a spouse, a partner bound by a civil covenant of solidarity, a concubine or a dependant, the time limit referred to in the first paragraph to a review of the rights enjoyed by the other persons, the beneficiary being no longer counted among the members of the home.
"The right to an activity premium is resumed from the periodic review of the law following the end of the incarceration.
"The provisions of this Article shall not apply to persons who, maintaining a dependent child, are entitled to the increase referred to in Article L. 842-7.


"Art. R. 846-9.-The National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality centralize the financial and accounting transactions carried out, under the activity allowance, respectively by the family allowance funds and the farm social mutuality funds.


“Chapter VII
“Control, remedy, recovery and combating fraud


"Art. R. 847-1.-The teleprocedure and the activity premium form provided for in section R. 846-1 refer to the possibility for the benefit agency to conduct the audits of the recipients' statements.


"Art. R. 847-2.-The preliminary appeal referred to in Article L. 845-2 shall be sent by the person concerned to the friendly appeal board within the time limit provided for in Article R. 142-1.
"The person concerned may consider his or her application to be rejected within the time limit provided for in section R. 142-6, and may, where applicable, be brought before the administrative tribunal within the time limit provided for in section R. 142-6.Article R. 421-1 of the Administrative Justice Code.
"The appeal submitted by a regularly constituted association for at least five years to work in the fields of occupational insertion is admissible only if accompanied by a written letter from the interested party giving the association a mandate to act on its behalf.


"Art. R. 847-3. - Decisions relating to the activity grant mention the remedies available to the persons concerned and specify the terms of the preliminary remedy established by Article L. 845-2.


“Chapter VIII
“Statistical monitoring, evaluation and observation


"Art. R. 848-1.-The information referred to in Article L. 846-2 is transmitted to the statistical services of the ministries responsible for social action and employment. »


II.-Chapter VII of Book VII title V of the Social Security Code is supplemented by a section 4 of the title:


“Section 4
"Activity premium


"Art. 757-6.-For its application in overseas departments, article R. 844-4 is amended as follows:
« 1° The reference to Article L. 522-3 is replaced by the reference to Article L. 755-16-1;
« 2° The words: “to 41.65 per cent of the monthly basis for calculating family allowances determined under Article L. 551-1” are replaced by the words: “to 23.79 per cent of the monthly basis for calculating family allowances provided for in Article L. 755-3”. »

Article 2 Learn more about this article...


The code of social action and families is thus modified:
1° In R. 262-1, the words "at 2°" are replaced by the word "to";
2° Article R. 262-8 is repealed;
3° At 1° of article R. 262-9, the words: "at 2°" are replaced by the word: "to";
4° Section R. 262-11 is supplemented by a paragraph as follows:
« 25° From the activity premium to theArticle L. 841-1 of the Social Security Code.
5° Section R. 262-12 is amended as follows:
(a) Before the first preambular paragraph, seven sub-items are inserted:
"Asks the nature of professional income or takes place under the 5th of Article L. 262-3:
« 1° All income from an employee or non-employed activity;
« 2° Income from vocational training courses;
« 3° Income from internships under theArticle 9 of Act No. 2006-396 of 31 March 2006 for equal opportunities;
« 4° Legal or conventional assistance to partial unemployment workers;
« 5° Allowances received on statutory maternity, paternity or adoption leave;
« 6° Daily social, basic and complementary security allowances, collected in the event of medically recognized physical incapacity to continue or resume work, work injury or occupational disease for a period of time that cannot exceed three months from the work stop. » ;
(b) In the new eighth preambular paragraph, the words: "The resources referred to in R. 262-8" are replaced by the words: "These revenues" and the word "taking" is replaced by the word "taking";
(c) In the last paragraph, the words "of the first paragraph" are replaced by the words "of the previous paragraph";
6° In R. 262-13, the reference to R. 262-8 is replaced by the reference to R. 262-12 and the words "at 2°" are replaced by the words "to";
7° In R. 262-15, the reference to R. 262-7 is replaced by the reference to R. 262-12 and the reference to R. 262-6 is replaced by the reference to R. 262-7;
8° In the second paragraph of Article R. 262-19, after the words: "For self-employed persons who have opted for the scheme provided for in Article L. 133-6-8 of the Social Security Code", the words are added: "and for self-employed persons referred to in Article L. 382-1 of the same code benefiting from the scheme provided for in Article L.Article 102 ter of the General Tax Code » ;
9° At 2° of Article R. 262-40, the words: "guaranteed income" are replaced by the words: "flat amount" and, after the references to Article L. 262-12, are inserted the words: ", and the interruption of the payment of the activity premium referred to in Article L. 262-12,Article L. 841-1 of the Social Security Code. When the activity premium is paid and the resources are higher than the lump sum, the recipient may request the delisting of the active solidarity income recipients";
10° In article R. 262-67, after the reference to article L. 5134-19-1 of the Labour Code, the words "or of the fixed-term contract signed with a workshop or insertion site, as provided for in article L. 5132-15-1 of the same code" are inserted;
11° In the first paragraph of article R. 262-71, the reference to articles L. 262-39 or L. 262-53 is replaced by the reference to only article L. 262-39;
12° At 3° of Article R. 262-79, the reference to Article R. 262-8 is replaced by the reference to Article R. 262-12;
13° Article R. 262-86 is repealed;
14° Article R. 522-64 is supplemented by a paragraph as follows:
"The recipient of the solidarity income that belongs to a recipient home of the activity premium referred to in theArticle L. 841-1 of the Social Security Code is not considered for the determination of the lump sum amount referred to in Article L. 842-3 of the same code. »

Article 3 Learn more about this article...


I.-The code of social action and families is thus amended:
1° In the fifth and twelfth paragraphs of article R. 14-10-38 and article R. 14-10-40, the words: "whose resources are less than the lump sum mentioned in article L. 262-2," are deleted;
2° Article R. 245-48 is supplemented by a paragraph as follows:
« 8° Activity allowance referred to inArticle L. 841-1 of the Social Security Code » ;
3° In the first paragraph of article R. 348-4, the words "at 2°" are replaced by the word "at";
4° Article R. 471-5 is supplemented by a paragraph as follows:
« 9° The activity premium mentioned in theArticle L. 841-1 of the Social Security Code "
II.-The Social Security Code is amended as follows:
1° In the first paragraph of Article R. 531-6, the words: "if the resources of the household are less than the applicable lump sum referred to in Article L. 262-2 or to theArticle L. 262-9 of the Code of Social Action and Families and » are deleted;
2° In the last paragraph of Article R. 532-7, the words: "and that the resources of the household heard within the meaning of Article L. 262-3 of the same code do not exceed the lump sum mentioned in Article L. 262-2 of that Code" are deleted;
3° Section R. 532-8 is amended as follows:
(a) In the second paragraph of the 2nd paragraph of the I, the words "at 2°" are replaced by the word "to" and the words: "without the resources of the household heard within the meaning of Article L. 262-3 of the same code exceed the lump sum of the activated solidarity income" are deleted;
(b) In the third paragraph of the second paragraph of the I, the words: "and at the level of household resources within the meaning of Article L. 262-3 of the same code" are deleted;
4° At 1°, 2° and 3° of article R. 861-5 and at 1°, 2° and 3° of article R. 861-7, the words "at 2°" are replaced by the word "at".
III.-In the first paragraph of Article R. 334-1 of the Consumer Code, 10° of Article R. 336-1 of the same Code, 11° of Article III R. 336-2 of the same Code and 10° of Article III R. 336-4 of the same Code, the words "at 2°" are replaced by the word "at".
IV.-The construction and housing code is amended as follows:
1° In the second paragraph of the second paragraph of Article R. 351-7, the words: "without the resources of the household heard within the meaning of Article L. 262-3 of the same code exceed the lump sum of the active solidarity income" are deleted and in the third paragraph of the second paragraph of Article I, the words: "and at the level of resources of the home within the meaning of theArticle L. 262-3 of the Code of Social Action and Families » are deleted;
2° In R. 351-14-1, the words: "and that the resources of the home within the meaning of Article L. 262-3 of the same code do not exceed the lump sum mentioned in 2° of Article L. 262-2 of that code" are deleted.
V.-In the third paragraph of Article R. 121-4 of the Code of Entry and Residence of Aliens and the Right of Asylum, the words "at 2°" are replaced by the word "to".
VI.-In the third paragraph of Article R. 543-219 of the Environmental Code, the words "minimum of insertion" are replaced by the words "active solidarity".
VII.-The general code of territorial authorities is amended as follows:
1° In R. 3334-2, the words: "a lump sum mentioned in the 2nd of Article L. 262-2" are replaced by the words: "active solidarity income referred to in Article L. 262-1";
2° At 3° of Article R. 3335-1, the words: "the resources of which are less than the lump sum mentioned in 2° of Article L. 262-2 of the Code of Social Action and Families applicable to the household taken into account are replaced by the words: "active solidarity income".
VIII.-In the first paragraph of Article R. 20-34 of the Post and Electronic Communications Code, the words "at 2°" are replaced by the word "at".
IX.-The Labour Code is amended as follows:
1° At 1° and 3° of article R. 3252-3and to article R. 3252-5, the words "at 2°" are replaced by the word "at";
2° At 3° of article R. 5141-7, the words "minimum of insertion" are replaced by the words "active solidarity".

Article 4 Learn more about this article...


I. - For the purposes of article R. 845-2 of the Social Security Code in its drafting of this decree in Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon, references to General Tax Code are replaced by references to provisions having the same locally applicable object.
II. - Title IV of Book VIII of the Social Security Code (Part Two: Decrees in the Council of State) is applicable to Saint-Pierre-et-Miquelon, subject to the following modifications:
1° I and III of Article R. 844-4 are not applicable and the reference: "II. -" is deleted;
2° The 5°, 7° and 8° of Article R. 844-5 are not applicable;
3° In article R. 846-6, the words: "the farm social mutuality funds provide" are replaced by the words: "the social insurance fund of Saint-Pierre-et-Miquelon ensures" and the words: ", unless family benefits are paid to one or the other by a family allowance fund" are deleted;
4° Article R. 846-9 is supplemented by the words: "and, if applicable, by the social insurance fund of Saint-Pierre-et-Miquelon".

Article 5 Learn more about this article...


Until the order is entered into force V of Article 60 of Law No. 2015-994 of 17 August 2015 relating to social dialogue and employment and its implementing decrees, the provisions of code of social action and families regulating active solidarity income, in their writing prior to the coming into force of this decree, continue to apply in the Department of Mayotte.

Article 6 Learn more about this article...


This Order comes into force on January 1, 2016.

Article 7 Learn more about this article...


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 Minister of Agriculture, Agri-Food and Forestry, Spokesperson of the Government, and the Minister of Overseas are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.


Done on December 21, 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 Labour, Employment, Vocational Training and Social Dialogue,

Myriam El Khomri


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

Stéphane Le Foll


Minister of Overseas,

George Pau-Langevin


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.27 Mo) Download the document in RDF (format: rdf, weight < 1 MB)