Decree No. 2015 - 1710 21 December 2015 Relative To The Activity Premium

Original Language Title: Décret n° 2015-1710 du 21 décembre 2015 relatif à la prime d'activité

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Summary pursuant to article 57 of Act No. 2015-994 from 17 August 2015.
Keywords Social Affairs, health, social security, the social security CODE, CSS, insured SOCIAL, CODE DE L'ACTION social and families, ASF, social and professional INSERTION, work, self-employed, income professional, worker NON employee, TNS, income of ACTIVE solidarity, RSA, business premium, award, payment, beneficiary, applicability, SAINT-BARTHÉLEMY, SAINT-MARTIN, Saint Pierre and Miquelon, MAYOTTE JORF n ° 0296 December 22, 2015 page 23720 text no. 41 order No. 2015-1710 21 December 2015 relative to the premium of NOR activity : AFSA1521306D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/21/AFSA1521306D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/21/2015-1710/jo/texte interested Publics: beneficiaries of the income of active solidarity (RSA) and persons eligible to the grant activity.

Subject: eligibility rules, calculation and the activity premium service.

Entry into force: the text comes into force January 1, 2016.

Notice: the activity premium overrides, effective January 1, 2016, the "RSA activity" (paid in addition to the active solidarity income) as well as the employment bonus. This new service aims to encourage exercise or a professional disaster recovery, supplementing the resources of workers with modest incomes.

This order is for object, with respect to the regulatory provisions covered by a simple decree, specify eligibility conditions, calculation and the activity premium service and the consequences of the abolition of the "RSA activity.

References: this order is taken for the purposes of title IV of the social dialogue and Employment Act, no. 2015-994 from 17 August 2015. Articles of the various codes and amended by this Decree may be consulted in their drafting resulting from this change, the site of Légifrance (http://www.legifrance.gouv.fr).

The Prime Minister, on the report of the Minister of Social Affairs, health and women's rights, given the code; of social action and families
Having regard to the code rural and maritime fishing;
Having regard to the code of social security;
Seen the labour code;
Having regard to Act No. 2015 - 994 17 August 2015 on social dialogue and employment, particular article 60 thereof;
Pursuant to order No. 77 - 1102 September 26, 1977 on extension and adaptation to the Department of Saint Pierre and Miquelon of various provisions relating to Social Affairs;
Having regard to the opinion of the Board of Directors of the National Fund of family allowances dated September 15, 2015;
Having regard to the opinion of the central Board of Directors of social mutuality agricultural dated September 17, 2015;
Having regard to the opinion of the territorial Council of Saint Pierre and Miquelon dated September 29, 2015;
Having regard to the opinion of the departmental Council of Guadeloupe dated from October 1, 2015;
Having regard to the opinion of the territorial Council of Saint-Martin dated October 6, 2015;
Having regard to the referral to the regional Council of Guadeloupe dated September 14, 2015;
Having regard to the referral to the departmental Council of Guiana dated September 14, 2015;
Having regard to the referral to the regional Council of French Guiana dated September 15, 2015;
Having regard to the referral to the departmental Council of Martinique dated September 14, 2015;
Having regard to the referral to the regional Council of Martinique dated September 14, 2015;
Having regard to the referral of the departmental Council of the meeting dated September 14, 2015;
Having regard to the referral to the regional Council of Réunion dated September 14, 2015;
Having regard to the referral to the departmental Council of Mayotte dated September 14, 2015;
Having regard to the referral of the territorial Council of Saint-Barthélemy dated September 15, 2015, enacts as follows: Article 1 more on this article...

The lump sum referred to in 1 ° of article L. 842 - 3 of the code of social security applicable to a household composed of one person is equal to 524.16 euros.


Article 2 more on this article...

Title IV of Book VIII of the social security code is thus restored: "title IV" activity premium "chapter I:" General provisions "chapter II" Conditions for acquisition of the right "chapter III" Determination of the premium of activity «Art»»»»»»»» D. 843-1.-the lump sum referred to in 1 ° of article L. 842 - 3 applicable to a household composed of one person is increased by 50% when the fireplace is equipped with two people. This amount is then increased by 30% for each additional person at home and the dependants of the person concerned. However, when the fireplace is equipped with more than two children or persons less than 25 years in charge, with the exception of the spouse, partner bound by a civil Pact of solidarity or the partner of the person concerned, the increase which opens right each of these children or persons is increased to 40% from the third person.
"For people isolated within the meaning of article L. 842 - 7, the amount increased is equal to 128,412% of the lump sum amount referred to in 1 ° of article L. 842 - 3 applicable to a household composed of one person. In addition, for each dependent child, a surcharge equal to 42,804% lump sum a household composed of one person, mentioned to 1 ° of article L. 842 - 3. The same surcharge applies when the fireplace is equipped with for other dependants than children.
«Art.» D. 843-2.-for each worker in the home, the subsidy referred to in article L. 842 - 3 is zero when its monthly professional income are less than or equal to 59 times the amount of the minimum growth wage mentioned in article l 3231-2 of the labour code. Beyond that, it grows linearly with their increase until revenues reach 95 times the amount of the minimum wage growth. It then reaches a maximum amount which remains constant with increasing incomes.
"The maximum amount of the bonus amounts to 12,782% of the lump sum referred to in 1 ° of article L. 842 - 3 applicable to a household composed of one person.
«Art.» D. 843-3.-the fraction of income referred to in 1 ° of article L. 842 - 3 is equal to 62%.
«Chapter IV "resources taken into account for the activity premium" chapter V "provisions to the self-employed «Art»»»»»» D. 845-1.-persons under the scheme referred to in article L. 722 - 1 of the rural code and maritime fishing can lay claim to the activity premium when they highlight operation for which the last known agricultural benefit exceeding 1 700 times the amount of the minimum wage growth in force on 1 January of the year of reference.
"The amount defined in the preceding paragraph shall be increased by 50% when home consists of two persons and 30% for each additional person on condition that these persons are:" 1 ° the spouse, partner bound by a civil solidarity pact or common-law spouse of the person concerned;
«2 ° a family aid, within the meaning of article L. 722 - 10 of the code rural and fisheries maritime, less than eighteen years old and not responsible for family;
«3 ° a member of operation defined by articles L. 321 - 6 in L. 321 - 12 of the code rural and sea fishing less than eighteen years old and not responsible for family;
«4 ° a person seventeen to twenty-five years meeting the conditions set to 3 ° of article R. 842 - 3 of this code.»
"However, when the home consists of more of two persons among those mentioned in the 2 °, 3 ° and 4 ° above the amount defined in the first paragraph is increased by 40% from the third person.
«Art.» D. 845-2.-persons covered by the scheme mentioned in article L. 611 - 1 are eligible for the premium of activity when the last annual turnover known does not exceed: ' 1 ° the mentioned limit to the has of 1 ° of the I of article 293 B of the general code of taxes, if it's undertakings in the first category defined in the last paragraph of article 50-0 of the same code 1;
«2 ° the mentioned limit to the has of 2 ° of the I in article 293 (b) supra, if it comes to companies falling within the second category defined in the last paragraph of 1 article 50-0 supra or revenue referred to in article 102 of the code. ''
«Chapter VI ' assignment, service and financing of delivery «Art»» D. 846-1.-in accordance with article L. 843 - 4, it is for the periodic review of the amount of the premium for activity in the aftermath of a period of three calendar months, as when a right to the income of solidarity referred to in article L. 262 - 1 of the code of social action and families is open. The recipient of the premium of activity must declare his home resources to allow this review.
«Art.» D. 846-2.-the amount below which the activity premium is not paid is set at 15 euros.
«Art.» D. 846-3. – the time limit referred to in article L. 843 - 5, at the end of which the Director of the agency responsible for the activity premium service shall enter the deletion from the list of the beneficiaries of the activity premium is set at 24 months.
«Chapter VII ' control, use, recovery and fight against fraud «Art»» D. 847-1.-the provisions of articles D. 553 - 1, D. 553 - 2 and D. 553 - 4 are applicable to the recovery of activity premium indus.

«Art.» D. 847-2.-the bodies responsible for the payment of the premium of activity are allowed to abandon assessment of the indus when their amount is less than an amount equal to 0.68% of the limit mentioned in section L. 241 - 3, rounded to the higher euro.
«Chapter VIII ' statistics, evaluation and observation «Art»» D. 848-1.-before the end of each quarter, the national family allowances Fund and Caisse centrale de Mutualité social agricultural shall transmit to the statistical services of the ministries of social action and the use of aggregated data at the departmental and national levels on the previous quarter, concerning: '1 ° staff and the characteristics of the beneficiaries of the premium activity and their successors at the end of the quarter as well as the amounts of revenue and benefits '. served;
«2 ° number of beneficiaries of the premium activity and their successors at the end of each month of the quarter;
«3 ° numbers and characteristics of the beneficiaries of the premium activity and their successors had changed status with regard to employment in the quarter;
'4 ° to the characteristics of the beneficiaries of the premium activity and their successors entered, suspended and released at the end of each month of the quarter as well as the reasons for output;
'5 ° to allocation of the grant activity expenditures.
'By way of derogation from the first subparagraph, data on the last quarter of each year may be transmitted until the month of April of the following year.
«Art.» D. 848-2.-before the end of the month of April of each year, the national family allowances Fund and Caisse centrale de Mutualité social agricultural shall transmit to the statistical services of the ministries of social action and the use of aggregated data at the departmental and national levels on the previous year, concerning: '1 ° to the characteristics of the beneficiaries of the premium activity and their successors at 31 December of the previous year;
«2 ° to the characteristics of beneficiaries entered in the operative part of the premium activity and their successors during the previous year and still present at 31 December of the said year;
«3 ° the allocation of premium activity costs;
«4 ° to the follow-up to the administrative instruction of the premium of activity of the beneficiaries;
«5 ° has in implementing the allocation service.
«Art.» D. 848-3.-the information referred to in article L. 846 - 3 are transmitted to the statistical services of the ministries of social action and employment.
«Art.» D. 848-4.-the statistical services of the ministries of social action and employment as well as the National Fund of family allowances, Caisse centrale of social mutuality agricultural and employment Center ensure the regular publication of the results of the operations of data collected pursuant to this subsection.
«Art.» D. 848-5.-lists of statistical information to be transmitted in application of this chapter shall be fixed by joint orders of Ministers responsible for social welfare and employment. ' Article 3 more on this article...

The social action and family code is amended as follows: 1 ° article D. 262 - 4 is repealed;
2 ° article D. 262 - as amended 55est: has) in the fifth preambular paragraph, the words: "and, within it, the amounts paid to the beneficiaries of the income of active solidarity, which entered the individual agreement referred to in article l. 5134-19-1 of the labour code during the period referred to 5 ° of article L. 262 - 3 of this code" are deleted;
(b) to the (b) of 1 °, the reference: "L. 262 - 16» is replaced by the reference:" L. 843 - 1 ";
3 ° article D. 262 - 57 is amended as follows: a) the 2 ° of the I is replaced by the following: '2 ° the repayment of the solidarity fund referred to in article L. 5423-25 of the code work;';
(b) the 3 ° of the I is repealed;
(c) to the 1 ° of II, the words: ' share' shall be deleted and the words: "mentioned in the fourth paragraph of the I from" are replaced by the words: "pursuant to";
(d) to 3 ° of the II, the words: «active solidarity income» shall be replaced by the words: ' activity referred to in article L. 841 - premium 1 of the code of social security, "and the reference:" L. 262 - 16» is replaced by the reference: ' L. 843-1»
(e) it is added a paragraph worded as follows: "7 ° reminders of rights, and the litigation costs relative to the active solidarity income which, pursuant to the provisions of the code of social action and the applicable prior to 1 January 2016 families, were not the responsibility of the departments."
4 ° a section D. 262 - 58, the words: "in the fourth paragraph of article L. 262 I - 24» are replaced by the words:" 1 °, 3 ° and 4 ° of article D II. 262-57.


Article 4 more on this article...

I. - 17 of section D. 271 - 2 of the social action and family code is replaced by the following: "17 ° solidarity revenue active;".
II. - Rural and sea fishing code is amended as follows: 1 ° A section D. 718 - 7, the words: "whose resources are less than the lump sum amount referred to in the 2 ° of article L. 262 - 2 of the code of social action and families ' shall be deleted;
2 ° a article D. 731 - 99, the words: "whose resources do not exceed the flat-rate amount mentioned in the 2 ° of article L. 262 - 2 of the code of social action and families ' shall be deleted;
3 ° in the second paragraph of article D. 762 - 39, the words: "or the activity premium" are inserted after the words: 'of the income of active solidarity"and the fourth paragraph of the same article, the words:"or to the activity premium"are inserted after the words:"to the income of active solidarity.
III. The social security code is amended as follows: 1 ° to the first paragraph of article d 412 - 86, the words: "whose resources do not exceed the lump sum under 2 ° of article L. 262 - 2 or in article L. 262 - 9 of the code of social action and families ' shall be deleted;
2 ° in the fourth paragraph of article D. 612 - 5, the words: "on the part of active solidarity income corresponding to the difference between the flat-rate amount mentioned in the 2 ° of article L. 262 - 2 of the code applicable to the home social action and families and the resources" are replaced by the words: 'of the income of active solidarity".
IV. - Articles D. 5132-41, D. 5134-41 and D. 5134-64 of the labour code, the words: ' to 2 ° of "shall be replaced by the word: «to».


Article 5 read more on this article...

For the purposes of article D. 845 - 2 of the code of social security as amended by this Decree to Saint-Barthélemy, Saint-Martin and Saint Pierre and Miquelon, references to the general tax code are replaced by references to the provisions having the same object applicable locally.


Article 6 read more on this article...

I. - Until the entry into force of an order under the V of article 60 of the social dialogue and Employment Act, no. 2015-994 from 17 August 2015 and its implementing decrees, provisions of the code of social action and families governing the solidarity income enables, in their writing prior to the entry into force of this Decree continue to apply in the Department of Mayotte.
II. - For the purposes of article 13-2 of the above-mentioned Ordinance of September 26, 1977, the organization that educated, assigns and controls, on behalf of the State, the premium of activity in Saint Pierre and Miquelon is the Fund of social security referred to in article 3 of this order.


Article 7 read more on this article...

This order comes into force on January 1, 2016.


Article 8 more on this article...

The Minister of finance and public accounts, the Minister of Social Affairs, health and the rights of women, the Minister of labour, employment, vocational training and social dialogue, the Minister of agriculture, agri-food and forest, Government spokesman and Minister of overseas are responsible, each in relation to , of the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Is December 21, 2015.
Manuel Valls by the Prime Minister: the Minister of Social Affairs, health and rights of women, Marisol Touraine the Minister of finance and public accounts, Michel Sapin Minister of labour, employment, vocational training and social dialogue, Myriam El Khomri the Minister of agriculture, agri-food and forest, Government spokesman , Stéphane Le Foll the Minister of overseas France, George Pau-Langevin

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