Key Benefits:
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 Order in Council is, with respect to the regulatory provisions under a simple decree, to specify the conditions for the eligibility, calculation and service of the activity premium and to draw the consequences of the deletion of the activity RSA.
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 code of social action and families ;
Vu le Rural Code and Maritime Fishing ;
Vu le Social Security Code ;
Vu le Labour code ;
Vu la Act No. 2015-994 of 17 August 2015 relating to social dialogue and employment, including Article 60;
See?Order No. 77-1102 of 26 September 1977 extending and adapting to the department of Saint-Pierre-et-Miquelon various provisions relating to social affairs;
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,
Decrete:
The lump sum mentioned in the 1° of Article L. 842-3 of the Social Security Code applicable to a single person home is equal to 524.16 euros.
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
“Chapter III
"Determination of activity premium
"Art. D. 843-1.-The lump-sum amount referred to in 1° of Article L. 842-3 applicable to a single person home is increased by 50% when the home has two persons. This amount is then increased by 30% for each additional person present at the home and at the expense of the individual. However, where the home has more than two children or persons under 25 years of age, with the exception of the spouse, the partner bound by a civil covenant of solidarity or the concubine of the person concerned, the increase to which each of these children or persons is entitled shall be increased to 40% from the third person.
"For isolated persons within the meaning of section L. 842-7, the amount increased is 128.412% of the lump-sum amount referred to in section L. 842-3 applicable to a single-person home. In addition, for each dependent child, a surcharge equal to 42.804% of the lump sum applicable to a single-person home, referred to in 1° of Article L. 842-3. The same supplement applies when the home has other dependants than children.
"Art. D. 843-2.-For each worker in the home, the bonus referred to in Article L. 842-3 is void where his monthly professional income is less than or equal to 59 times the amount of the minimum interprofessional growth wage referred to in Article L. 842-3.Article L. 3231-2 of the Labour Code. Beyond that, it grows linearly with their increase until these revenues reach 95 times the amount of the interprofessional minimum wage of growth. It then reaches a maximum amount that remains constant with the increase in professional income.
"The maximum amount of the bonus is 12.782% of the lump sum mentioned in the 1st of section L. 842-3 applicable to a single person home.
"Art. O.C. 843-3.-The portion of the occupational income referred to in 1° of Article L. 842-3 is 62%.
“Chapter IV
"Resources taken into account for the activity premium
“Chapter V
"Non-salarial provisions
"Art. D. 845-1.-People under the plan referred to inArticle L. 722-1 of the Rural and Maritime Fisheries Code may claim the activity premium when developing an operation for which the last known agricultural benefit does not exceed 1,700 times the minimum growth wage effective January 1 of the reference year.
"The amount defined in the preceding paragraph is increased by 50% when the home consists of two persons and 30% for each additional person provided that these persons are:
« 1° The spouse, the partner bound by a civil pact of solidarity or the concubine of the individual;
« 2° Family help, in the sense ofArticle L. 722-10 of the Rural and Maritime Fisheries Code, under the age of eighteen and not in charge of a family;
« 3° An operating partner defined by the Articles L. 321-6 to L. 321-12 of the Rural and Maritime Fisheries Code under the age of eighteen and not in charge of a family;
« 4° A person between the ages of seventeen and twenty-five who meets the conditions set out in 3° of Article R. 842-3 of this Code.
"However, when the home is composed of more than two persons from those mentioned in 2°, 3° and 4° above, the amount defined in the first paragraph is increased by 40% from the third person.
"Art. D. 845-2.-People under the plan referred to in Article L. 611-1 may claim the activity premium when the last known annual turnover does not exceed:
« 1° The limit mentioned at a 1° of Article 293 B of the General Tax Code, if it is a business under the first class defined in the last paragraph of Article 50-0 of the same code;
« 2° The limit referred to in paragraph 2(a) of Article 293 B above, if it is a second class undertaking defined in the last paragraph of Article 50-0 above or of income referred to in Article 102 ter of the above-mentioned code.
“Chapter VI
"Attribution, service and funding of the delivery
"Art. O.C. 846-1.- Pursuant to Article L. 843-4, a periodic review of the amount of the activity allowance after a period of three calendar months, as well as a right to the active solidarity income referred to inArticle L. 262-1 of the Code of Social Action and Families is open. The recipient of the activity allowance must report the resources of his home in order to allow this review.
"Art. D. 846-2.-The amount below which the activity premium is not paid is set at 15 euros.
"Art. O.C. 846-3.-The period referred to in section L. 843-5, at the end of which the director of the agency responsible for the service of the activity allowance proceeds to the delisting of the recipients of the activity premium, shall be twenty-four months.
“Chapter VII
“Control, remedy, recovery and combating fraud
"Art. O.C. 847-1.-The provisions of sections D. 553-1, D. 553-2 and D. 553-4 apply to the recovery of indus of activity premiums.
"Art. D. 847-2.-Organizations responsible for the payment of the activity premium are allowed to abandon the recovery of the undue when their amount is less than a sum equal to 0.68% of the ceiling mentioned in Article L. 241-3, rounded to the upper euro.
“Chapter VIII
“Statistical monitoring, evaluation and observation
"Art. D. 848-1.-Before the end of each quarter, the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality transmit to the statistical services of the ministries responsible for social action and employment aggregated data at the departmental and national levels covering the previous quarter, relating to:
« 1° To the staff and characteristics of the beneficiaries of the activity allowance and their beneficiaries entitled at the end of the quarter and to the amounts of initial income and benefits served;
« 2° To the number of beneficiaries of the activity allowance and their beneficiaries entitled at the end of each month of the quarter;
« 3° The number and characteristics of the beneficiaries of the activity premium and their beneficiaries who have changed their employment status during the quarter;
« 4° The characteristics of the beneficiaries of the activity allowance and their eligible beneficiaries entered, suspended and released at the end of each month of the quarter and the reasons for exit;
« 5° Expenses related to the allocation of the activity allowance.
"By derogation from the first paragraph, data for the last quarter of each year may be forwarded until April of the following year.
"Art. D. 848-2.-Before the end of April of each year, the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality transmit to the statistical services of the ministries responsible for social action and employment aggregated data at the departmental and national levels covering the previous year:
« 1° The characteristics of the beneficiaries of the activity allowance and their beneficiaries entitled to December 31 of the previous year;
« 2° The characteristics of the beneficiaries who entered the activity allowance and their eligible beneficiaries during the previous year and still present at 31 December of that year;
« 3° Expenditures related to the allocation of the activity premium;
« 4° Follow-up to the administrative instruction of the applications for the benefit of the beneficiaries;
« 5° Implementation of the allocation service.
"Art. D. 848-3.-The information referred to in Article L. 846-3 is transmitted to the statistical services of the ministries responsible for social action and employment.
"Art. D. 848-4.-The statistical services of the ministries responsible for social action and employment as well as the National Fund for Family Allowances, the Central Fund for Agricultural Social Mutuality and Pôle emploi ensure the regular publication of the results of the exploitation of the data collected under this subsection.
"Art. D. 848-5.-The lists of statistical information to be transmitted under this chapter are set by joint decrees of ministers responsible for social action and employment. »
The code of social action and families is thus modified:
1° Section D. 262-4 is repealed;
2° Section D. 262-55 is amended as follows:
(a) In the fifth paragraph, the words: "and, within it, the sums paid to the beneficiaries of active solidarity income who concluded the individual convention referred to in theArticle L. 5134-19-1 of the Labour Code during the period referred to in 5° of Article L. 262-3 of this code" are deleted;
(b) At 1° b, the reference: "L. 262-16" is replaced by the reference: "L. 843-1";
3° Section D. 262-57 is amended as follows:
(a) The 2° of I is replaced by the following:
« 2° The reverse of the Solidarity Fund mentioned to theArticle L. 5423-25 of the Labour Code ;
(b) The 3° of I is repealed;
(c) In 1° of II, the words: "on the one hand" are deleted and the words: "in the fourth paragraph of I" are replaced by the words: "in accordance with";
(d) At 3° of II, the words: "active solidarity income" are replaced by the words: "the activity premium referred to in Article L. 841-1 of the Social Security Code," and the reference: "L. 262-16" is replaced by the reference: "L. 843-1";
(e) It is added a paragraph to read:
« 7° Recalls of rights and litigation fees relating to active solidarity income that, under the provisions of the code of social action and families applicable prior to January 1, 2016, were not at the expense of departments. » ;
4° In article D. 262-58, the words: "in the fourth paragraph of the I of Article L. 262-24" are replaced by the words: "at 1°, 3° and 4° of the II of Article D. 262-57".
I.-The 17th of Article D. 271-2 of the Code of Social Action and Families is replaced by the following provisions:
« 17° Active solidarity income; "
II.-The Rural and Maritime Fisheries Code is amended as follows:
1° In Article D. 718-7, the words: "the resources of which are less than the lump-sum amount referred to in 2° of Article L. 262-2 of the Code of Social Action and Families » are deleted;
2° In Article D. 731-99, the words: "whose resources do not exceed the lump-sum amount referred to in 2° of Article L. 262-2 of the Code of Social Action and Families » are deleted;
3° In the second paragraph of article D. 762-39, the words: "or the activity premium" are inserted after the words: "active solidarity income" and in the fourth paragraph of the same article, the words: "or activity premium" are inserted after the words: "active solidarity income".
III.-The Social Security Code is amended as follows:
1° In the first paragraph of Article D. 412-86, the words: "whose resources do not exceed the lump-sum amount provided for in 2° of Article L. 262-2 orArticle L. 262-9 of the Code of Social Action and Families » are deleted;
2° In the fourth paragraph of Article D. 612-5, the words: "the share of active solidarity income corresponding to the difference between the lump sum mentioned in the 2° of Article L. 262-2 of the Code of Social Action and Families applicable to the home and its resources are replaced by the words: "active solidarity income".
IV.-Aux articles D. 5132-41, D. 5134-41 and D. 5134-64 of the Labour Code, the words "at 2°" are replaced by the word "at".
For the application of article D. 845-2 of the Social Security Code in its drafting from this decree in Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon, the references to General Tax Code are replaced by references to provisions having the same locally applicable object.
I. - Until the order has come 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.
II. - For applicationsection 13-2 of the order of September 26, 1977 referred to above, the body that instructs, assigns and controls, on behalf of the State, the activity premium in Saint-Pierre-et-Miquelon is the social insurance fund referred to in Article 3 of the same order.
This Order comes into force on January 1, 2016.
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
