Key Benefits:
Publics concerned: some beneficiaries of active solidarity income (SRA); beneficiaries of the specific solidarity allowance (ASS), the lump-sum premium for activity recovery and the equivalent pension allowance (ERA).
Subject: attribution of exceptional assistance at the end of the year.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order sets out the terms and conditions for the award and payment of exceptional year-end assistance for beneficiaries of the specific solidarity allowance (SSA), the lump-sum premium for the resumption of activity, the equivalent retirement benefit (SER) and certain beneficiaries of the active solidarity income (SSR).
This exceptional assistance is awarded to the recipients of the ASS, the lump-sum premium for business recovery and the ER eligible for these allowances for the month of November 2015 or, if not, for the month of December 2015. The amount of this exceptional assistance is set at €152.45.
This exceptional assistance is also attributed to some RSA beneficiaries who are entitled to the service of this allowance for the month of November 2015 or, if not, for the month of December 2015, provided that the amount due under these periods is not zero and provided that the household resources do not exceed the lump sum referred to in Article L. 262-2 of the Code of Social Action and Families. Only one help is due by home. The amount of this exceptional assistance is set at €152.45 for one person alone. It is increased when the home includes several people depending on its composition.
References: This decree is available 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 Labour, Employment, Vocational Training and Social Dialogue,
Considering the code of social action and families, including its article L. 262-24;
Considering the social security code;
Considering the Labour Code, including articles L. 5423-1 and L. 5425-3;
Having regard to Act No. 2007-1822 of 24 December 2007 on finance for 2008, in particular its Article 132;
Considering Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies;
Having regard to Order No. 2010-686 of 24 June 2010 extending and adapting to overseas departments in Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon of Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies;
In view of Decree No. 2009-608 of 29 May 2009, setting aside an equivalent pension allowance for certain job seekers;
In view of Decree No. 2010-458 of 6 May 2010, setting aside an equivalent pension allowance for certain job seekers;
Having regard to the advice of the National Employment, Training and Guidance Council dated 1 December 2015;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 15 December 2015;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 16 December 2015,
Decrete:
Exceptional assistance is provided to recipients of one of the following allowances that are entitled to their payment for the month of November 2015 or, if not, for the month of December 2015, except where this exceptional assistance was paid to them for the active solidarity income:
1° Specific solidarity allowance referred to in Article L. 5423-1 of the Labour Code;
2° The lump sum allowance referred to in Article L. 5425-3 of the same code;
3° Equivalent pension allowance referred to in Article 132 of the Act of 24 December 2007, Article 1 of the Decree of 29 May 2009 and Article 1 of the above-mentioned Decree of 6 May 2010.
The amount of assistance referred to in Article 1 is equal to €152.45.
Exceptional assistance is provided to allocataries of active solidarity income who are entitled to this allowance for the month of November 2015 or, failing that, for the month of December 2015, provided that the amount due under these periods is not zero and provided that the resources of the home, valued according to the provisions made under Article L. 262-3 of the Code of Social Action and of Families, do not exceed the flat amount-2.
Only one help is due by home.
The amount of assistance referred to in Article 3 is equal to €152.45 for a single person, increased by 50% when the home consists of two persons and 30% for each additional person present at the home, provided that these persons are the spouse, the partner bound by a civil pact of solidarity or the concubin of the person concerned or are at his or her expense.
When the home has more than two children or persons under twenty-five years of age, with the exception of the spouse, the partner bound by a civil pact of solidarity or the concubine of the person concerned, the increase to which each child or individual is entitled is increased to 40% from the third child or third person.
The exceptional aids governed by this decree are the responsibility of the State. They are paid by debtors of the benefits referred to in Articles 1 and 3.
Any undue payment of exceptional assistance granted under this decree shall be recovered on behalf of the State by the agency responsible for the service of the State. The corresponding debt may be remitted or reduced by that agency under the conditions applicable to the recovery of the indus from the allowance under which exceptional assistance was collected.
This Order does not apply to Mayotte.
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 Secretary of State for Budget and the Secretary of State for Persons with Disabilities and the Fight against Exclusion are responsible, each with respect to them, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 30, 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
The Secretary of State in charge of the budget,
Christian Eckert
State Secretary for Persons with Disabilities and the Fight against Exclusion,
Ségolène Neuville
