Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity,
Given the social security code;
Given the rural code, including article D. 732-89 ;
In view of Order No. 2004-605 of 24 June 2004 simplifying the minimum old age;
In view of the opinion of the Board of the National Pension Fund for Employed Employees dated 22 November 2006;
In view of the opinion of the Board of the National Health Insurance Fund for Employed Workers as of November 29, 2006;
In view of the opinion of the Supervisory Commission of the Caisse des Depots et consignations dated 6 December 2006, Décrète:
I. -Chapter V of Title I of Book VIII of the Social Security Code is replaced by the following provisions:
" Chapter V
"Old person solidarity allowance
" Section 1
" Opening the entitlement and liquidating the solidarity
allocation to the Seniors
" Art. D. 815 -1. -The maximum amount used for the solidarity allowance for the elderly is fixed:
" (a) For single persons or when only one of the spouses, concubins or partners linked by a civil pact of solidarity benefits, at 7,323.48 Euro per year as from 1 January 2006;
" (b) When the two spouses, concubins or partners linked by a civil pact of solidarity, benefit from it, at 13,137.69 euros per year as from 1 January 2006. In this case, the amount is served by half to each of the two concerned tenants.
" The provisions of the b are also applicable for the calculation of the solidarity allowance for elderly persons served on the applicant when his spouse, Concubin or partner bound by a civil solidarity pact benefits from the additional disability allowance referred to in Article L. 815 -24.
" Art. D. 815 -2. -The annual ceilings provided for in Article L. 815-9 shall be fixed, as from 1 January 2006, at EUR 7 500,53 for a single person and at EUR 13 137.69 when the tenant or tenants are married, concubins or partners bound by a civil pact of Solidarity.
"Section 2
" Recovery on Estates
" Art. D. 815 -3. -The recoverable amount provided for in the first subparagraph of Article L. 815 -13, in respect of allowances paid during the year 2006, is equal to EUR 4 314.03 per year for a single person and EUR 7 118.77 per year when the two spouses, Concubins or partners bound by a civil pact of solidarity benefit.
" Where the allowance has not been served during the full year, these amounts are reduced in proportion to the actual service life of the allowance.
" Art. D. 815 -4. -The amount of net assets from which recovery is made on the estate of the tenant of the arrears served to the latter under the solidarity allowance for the elderly is set at 39,000 euros.
" Art. D. 815 -5. -For the purposes of Article L. 815 -13, the capital of agricultural holding shall consist of the following elements: land, dead or alive livestock, farm buildings, plant elements constituting the permanent medium of production, such as Fruit trees and vines, as well as the elements included in the agricultural fund created, where appropriate, by the operator pursuant to Article L. 311-3 of the Rural
. Art. D. 815 -6. -Recovery shall be carried out on the part of the estate net assets referred to in the second subparagraph of Article L. 815 -13, as defined by the rules of common law, which exceeds the amount provided for in Article D. 815 -4.
" It cannot have as a consequence To reduce the net assets of the estate below the amount referred to in item D. 815 -4.
" However, for the determination of the net assets eligible for recovery, the bodies or services referred to in Article L. 815-7 shall have the right to Make all the allowances granted by the tenant back to the estate, whatever the form and the premiums paid by the tenant under a life insurance contract, provided that:
" -these liberalities and insurance contracts Life granted or entered into after the application for allocation is manifestly incompatible with the resources or assets declared by the tenant to obtain or continue to receive the solidarity allowance;
" -and that These liberalities and those premiums, by reducing the net assets of the estate, had the effect of constituting an obstacle in whole or in part to the exercise by the abovementioned bodies and services of their recovery action on the estate of the allocation of Solidarity.
" These provisions specific to the estate recovery of the tenant, which do not affect the validity of the liberalities and contracts granted or entered into by the tenant, only have the effect of rendering them The bodies and services referred to in Article L. 815-7 referred to in the third paragraph of this
. Art. D. 815 -7. -Recovery of the arrears served under the solidarity allowance for elderly persons on the part of the estate attributed to the surviving spouse and, where appropriate, the partner or partner bound by a civil pact of surviving solidarity may Be deferred until the death of the latter. The same applies to the heirs who were in charge of the tenant on the date of his death and who, on that date, were either at least sixty-five years old or at least sixty years old in the case of incapacity for work, or Below that age, with a disability that reduces their working or earning capacity by at least two-
. For the purposes of the preceding paragraph, shall be considered to have been at the expense of the tenant any person who lived 815 -9, R. 815-22 to R. 815 -29, R. 815-38, R. 815-38 and R. 815 -42, did not exceed, on the date of the death of the lessee, the limit of Resources applicable on that date, for a single person, pursuant to item D. 815 -2.
"Section 3
" Legal and penalties
"Section 4
" Administrative Provisions
"Section 5
" Mode
management, organization, and funding of the solidarity allowance service for seniors
" Art. D. 815 -8. -The service of the solidarity allowance for elderly persons established by Article L. 815-7 has civil personality and financial
. He shall be represented in court and in all acts of civil life by the Director General of the Caisse des Depots et consignations.
" Art. D. 815 -9. -The committee established by Article L. 815-7 takes the name of the advisory committee for the service of the solidarity allowance for the
. It is composed as follows:
" -a representative of the Minister responsible for the budget;
" - A representative of the Minister responsible for social security;
" -a representative of the Minister responsible for agriculture and fisheries;
-a representative of the Caisse des depots et consignations ou du service de l' allocation de solidarité aux Elderly people;
" -the Director of the Old Age Solidarity Fund or his representative.
" The procedures for the operation of the said committee shall be laid down by rules of
. Art. D. 815 -10. -The secretariat of the commission shall be provided by a staff member of the Fund for Deposits and Consignations designated by the Director General of that
. It is required:
" 1 ° The amount of resources allocated to Social action, which may not exceed a rate of 0.5 % of the expenditure on arrears of special allowances and solidarity allowances for elderly persons paid by the service;
" 2 ° The requests for the forgiveness of debts Articles R. 815-48 and D. 815-18 of which the amount is more than half the annual amount of the solidarity allowance for elderly persons served by a single person;
" 3 ° The management agreement referred to in Article D. 815-16;
" 4 ° Any changes which may be considered in this Chapter, having an impact on the service of the solidarity allowance for the
. The panel may be referred for notice by the Minister responsible for the Social security, the minister responsible for the budget, the minister responsible for agriculture or the director general of the Caisse des depots et consignations.
" It shall be kept informed of the organisation, management and financing of the The solidarity allowance for the elderly. This information is reported on an annual basis.
" Art. D. 815 -11. -The competent authority of the State referred to in Article L. 815-8 shall be the Minister responsible for social security and the Minister responsible for the budget
The time period referred to in this item is twenty days.
" Art. D. 815 -12. -The committee provided for in Article D. 815-9 may give delegation to the service of the solidarity allowance for elderly persons to decide on the follow-up to urgent relief requests referred to in Article L. 815 -8.
" It is delivered to him Account for decisions taken under these deliberations.
" Art. D. 815 -13. -The Caisse des Deposits et Consignations, in its entries, opens a special account in which it registers the operations of revenue and expenditure of the service of the solidarity allowance for the elderly. This account is of interest at the rate used by the CRF at the Caisse des Depots et Consignations.
" The availability of the service of the solidarity allowance to elderly persons may be employed in value of the State or guaranteed by the
. Art. D. 815 -14. -The income of the service of the solidarity allowance for the elderly is as follows:
" 1 ° Refunds and grants from the fund set up by Article L. 135-1;
" 2 ° The interest of sums deposited into current account;
" 3 ° The product of investments made for the use of its availability;
" 4 ° The amount of money that he may have paid on behalf of another organization and that this other body would reimburse him;
" 5 ° Revenue Miscellaneous and accidental;
" 6 ° Donations and bequests.
" Art. D. 815 -15. -The expenses of the service for the solidarity allowance for the elderly are as follows:
" 1 ° The amount of the arrears of the allowances paid by him pursuant to Article 2 of Order No. 2004-605 of 24 June 2004 simplifying the Minimum old age;
" 2 ° The amount of solidarity allowances for elderly persons paid by him;
" 3 ° Service operating costs;
" 4 ° The amount of social action expenditure in favour of the beneficiaries of the Allocations under 1 and 2 °;
" 5 ° Miscellaneous and accidental expenses.
" Art. D. 815 -16. -A convention, concluded with the minister responsible for social security and the minister responsible for the budget, lays down the conditions under which the Caisse des depots et consignations ensures the management of the service of the solidarity allowance to persons Article L. 815 -7. This Convention shall be transmitted for opinion to the Advisory
. Art. D. 815 -17. -The service of the solidarity allowance for elderly persons shall repay annually to the National Pension Fund for Employed Workers the expenses incurred for the application of Article R. 815 -31, according to the rates of fees, Remuneration and incidental expenses due to doctors by insured persons and fixed by the conventions provided for in Article L. 162-5.
" Art. D. 815 -18. -Old-age organisations taking care of the beneficiaries of the service of the solidarity allowance for the elderly are required to reimburse the sums paid on their behalf by the service. These refunds are made directly on the arrears available in respect of the contribution of the old-age benefits owed by the organizations to the tenants.
" Failing this may be the total or partial remission of the debt, the If applicable, under the conditions set out in 2 ° of item D. 815 -10.
"Chapter V bis
" Additional disability allowance
" Art. D. 815 -19. -The maximum amount used for the additional disability allowance is set:
" (a) For single persons or only one of the spouses, at 4 314.03 euros per year as from 1 January 2006;
" (b) Where Two spouses benefit, at EUR 7 118.77 per year as from 1 January 2006. In this case, the amount is served by half to each of the two concerned tenants.
" The provisions of the b are also applicable for the calculation of the supplementary disability allowance where the applicant's spouse benefits from The solidarity allowance for elderly persons referred to in Article L. 815 -1
Art. D. 815 -20. -The provisions of Articles D. 815 -2, D. 815-4 to D. 815-7 shall apply to the additional disability allowance referred to in this Chapter, subject to the following adaptations:
-References to the solidarity allowance Seniors are replaced by references to the supplementary disability allowance;
" -References to Article L. 815-13 are replaced by references to Article L. 815 -28. "
II. -The property, rights and obligations as well as the reprofiling of the special old-age allowance service are transferred to the service of the solidarity allowance for the elderly.
The amount provided for in the II of Article 3 of Ordinance No. 2004-605 of 24 June 2004 simplifying the minimum old age is set at EUR 3 009.45 per year on 1 January 2006.
I. -The Social Security Code (Part Three: Orders) is amended as follows:
1 ° 2 ° of Articles D. 242-9 and D. 612-10 is replaced by the following provisions:
" 2 ° People Have received, in the previous calendar year at the beginning of the twelve-month period defined above, one of the following retirement benefits:
" (a) One of the allowances mentioned in Article 2 of Order No. 2004-605 of 24 June 2004 Simplifying minimum old age;
" (b) The solidarity allowance for elderly persons provided for in Article L. 815 -1. "
2 ° In the first paragraph of Article D. 821-3, the words:" Total amount of the allowance for old employees and the supplementary allowance of the old-age solidarity fund ' Are replaced by the words: " Amount of the allowance Solidarity with the elderly ".
II. -Article D. 732-89 of the Rural Code is amended as follows:
1 ° In the third subparagraph, the words: Articles R. 815-22 to R. 815-28 of the Code of Social Security and the second paragraph of Article R. 815-32 of the same Code " Are replaced by the words: " Articles R. 815-18 to R. 815 -20, R. 815-22 to R. 815-25 and to the second paragraph of Article R. 815-29 of the Social Security Code. " ;
2 ° In the ninth paragraph, the words: " R. 815 -24, R. 815-40 and R. 815-41 " Are replaced by the words: " R. 815 -20, R. 815 -38, R. 815-39 and R. 815-42 ".
Subject to the provisions of Article 2 of Ordinance No. 2004-605 of 24 June 2004 simplifying the minimum old age, Chapters I to IV of Title I of Book VIII And Articles D. 161-5, D. 816-1 and D. 816-3 of the Social Security Code shall be repealed from the date of entry into force of this Decree.
The Minister of Economy, Finance and Industry, the Minister of Health and Solidarity, the Minister of Agriculture and Fisheries, the Minister responsible for the budget and the reform of the State, Government spokesman, and the Minister responsible for social security, the elderly, persons with disabilities and the family are each responsible for the implementation of this Decree, which will be published in the Official Journal Of the French Republic.
Done at Paris, January 12, 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of Health and Solidarities,
Xavier Bertrand
Minister of Economy,
Finance and Industry,
Thierry Breton
Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister Delegate to budget
and state reform,
spokesman for Government,
Jean-François Copé
The minister responsible for social security,
for the elderly,
for people with disabilities
and family,
Philippe Bas
