Key Benefits:
The President of the Republic,
On the report of the Prime Minister, the Minister of the Interior and the Minister of Employment and Solidarity,
Given the Constitution, and In particular Articles 38 and 72;
Given the Code of Social Security;
In the light of Order No. 91-246 of 25 February 1991 on the Labour Code applicable in the departmental community of Mayotte;
Given Order No. 96-1122 of 20 December 1996 as amended relating to the improvement of public health in Mayotte, ratified by Act No. 98-144 of 6 March 1998;
Having regard to Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
In view of Act No. 2001-503 of 12 June 2001 enabling the Government to take, by ordinances, the legislative measures necessary to update and adapt the applicable law overseas;
In view of Act No. 2001-616 of 11 July 2001 Relating to Mayotte;
In view of the opinion of the General Council of Mayotte dated 27 December 2001;
In view of the opinion of the National Family Allowance Fund as of 11 December 2001 and 8 January 2002;
The Council of State heard;
Le Council of Ministers heard,
Orgives:
A compulsory basic scheme for family benefits is created in the departmental community Mayotte. It forms part of the general principle of national solidarity defined in Article L. 111-1 of the Social Security Code.
Family benefits include:
1 ° Family allowances;
2 ° Back-school allowance;
3 ° Housing allowance.
Any French or foreign person residing in the departmental community of Mayotte, having at its actual and permanent charge one or more children Resident in Mayotte, benefits from family benefits under the conditions laid down in this Chapter.
Family benefits foreign nationals holding the resident card provided for in Articles 13, 19 and 20 of the Ordinance of 26 April 2000, as well as foreigners in regular situations who hold a residence permit referred to in II of Article 59 of the said order, subject to compliance with the condition of residence provided for in the first paragraph of Article 19 of the same order.
Subject to the rules specific to each benefit, a child whose descent is established with at least one of his two parents is entitled to family benefits up to the end of the obligation If the child does not have any professional income.
However, the child must not be a beneficiary, on a personal basis, of one or more benefits provided for in the present Chapter.
Family benefits are payable to the person who is responsible for the actual and permanent care of the child. Has the quality of a tenant. This person is the legitimate, natural or adoptive mother of the child or, failing that, either the father or the person carrying out this charge by a court decision.
The quality of a tenant is recognized only by one person under the same
Except in the area of housing allowance, the payment of family benefits is subject, depending on the age of the children, to the production of health and education certificates.
Family allowances are allocated based on the number of dependent children, from the first child, within the limit of three children by Altenant.
A school year allowance is allocated for each child enrolled in an institution or Public or private education body in performance of the school obligation, and up to the end of secondary education, subject to the age limit laid down in Article 5
Person or household does not exceed a variable limit according to the number of dependent children, within the limit of three children per tenant. This ceiling is fixed by decree and revalued by order in accordance with the development of the minimum wage laid down in Article L. 141-1 of the Labour Code applicable in the departmental community of Mayotte, arising out of the order of 25 February 1991
The amount of this allowance may vary according to the school cycle followed by the child. Schools are allowed to forward lists of children registered to the credit union.
For Children enrolled in secondary education, a portion of the school year allowance is paid directly to schools.
The school uses these funds to acquire and allocate to the children concerned. Personal supplies and equipment necessary for their education. Supplies and equipment do not include those related to free school education.
The allocation of Accommodation shall be granted, in respect of his principal residence and on his request, to any person who receives a family allowance that pays a minimum amount of rent, taking into account the resources of the person or household, and the number of children in his or her care. The monthly payments for access to the property of the dwelling are treated as rent.
Housing must meet minimum health and stand conditions determined by the order of the State
. This allowance is fixed by regulation; the number of children taken into account is limited to three per tenant.
The fund manager is authorised to have on-the-spot checks verified if the accommodation meets the requirements of the present Article. The same right is granted to health inspectors and health and social affairs inspectors. The control of the amount of the rent and the extent of the resources of the beneficiary shall be ensured by the sworn staff of that body to which the public authorities and the financial administrations are required to communicate all the documents
, as a result of a lack of maintenance attributable to the beneficiary, the accommodation ceases to meet the conditions laid down in the second paragraph of this Article or where the beneficiary refuses to The payment of allowances may be suspended or discontinued.
For tenants, as well as in the case of home ownership with a loan, the housing allowance is paid directly to the lessor or lender. The amount is deducted by the lessor or lender from the amount of the rent and incidental expenses of accommodation, or the amount of the loan repayment expenses. This deduction is brought to the attention of the tenant. These provisions are not applicable in the event of refusal by the lessor or lender.
Family benefits are Non-assignable and elusive, except for recovery of unduly paid benefits.
Articles L. 512-5, L. 551-1, L. 552-1, L. 552-3, L. 553-1, L. 554-2, L. 554-3, L. 554-4, L. 583-1 and L. 583-3 of the Social Security Code are applicable to the benefits provided for in this Chapter.
Any undue payment of family benefits may, on the basis that the tenant does not dispute the undue character, be recovered by deductions from the Future benefits, or by full repayment of the debt in one instalment if the tenant opts for this solution.
The deductions referred to in the first paragraph may not exceed a specified percentage.
The claim of the organization May be reduced or given in the event of a precariousness of the debtor's situation, except in cases of deception or misrepresentation.
A decree lays down detailed rules for the application of this chapter, including the composition of the application for family benefits and the nature of the documents justifying the regularity of the entry and stay of aliens.
Family benefits fund manager in Mayotte has social action in favour of nationals Of the regime and their families within the framework of a programme defined by the order of the Ministers responsible for social affairs and overseas, after the advice of its board of directors and the National Family Allowance Fund.
As part of its social action, the caisse makes a contribution to the management of school-based catering costs Agencies or local authorities responsible for the management of the school catering service in Mayotte, with which the credit union passes convention.
The terms of this contribution to the operation of the service and paid in accordance with the Number of meals or snacks served are defined, as necessary, by order of ministers responsible for social affairs and overseas.
Each of the social action tasks provided for in Articles 15 and 16 shall be financed by a fraction, fixed by order of the Ministers responsible for social and overseas affairs, of the resources of the system laid down in the Section 18.
I. -Are earmarked for the financing of family benefits, social action and management Administration of the family benefits system of Mayotte:
1 ° The product of contributions due for family benefits by any employer of employees; these contributions are based, within a ceiling fixed by decree, on All amounts paid in consideration or in respect of work, such as salaries or wages, salaries, allowances, bonuses of all kinds, vacation pay, the amount of deductions for contributions, and Salary contributions, gratuities and all other cash benefits, benefits in kind, as well as amounts collected directly or through a third party as a tip; and
2. Occupational income of employers and self-employed persons taken into account in determining taxable income under the conditions laid down in Article 21 (2) of Article 21 of the order of 20 December 1996 above and above a fixed threshold By decree;
3 ° As required, a balance contribution from the National Family Allowance
. -The rate of contributions provided for in 1 ° and 2 ° of the I of this Article shall be fixed by decree. These contributions are recovered by the social security fund of Mayotte created by Article 22 of the order of 20 December 1996.
I. -On a temporary basis, pending the creation of a family allowance fund in Mayotte, the management of the family benefits scheme established by this order shall be entrusted to the credit union The payment of the benefits referred to in the preceding paragraph by the family allowance fund of the Meeting shall be paid in
with the family allowances of the Meeting. By drawing on the treasury of the family branch referred to in Article L. 200-2 of the Social Security Code. The amount of this levy shall be deducted from the equilibrium contribution referred to in Article 18, 3, of I, above. The monthly amount of benefits paid by the Family Allowance Fund of the Meeting on behalf of the family benefits scheme of Mayotte is notified to the National Fund for Family Benefits under conditions determined by Order.
II. -The family allowance fund of the Meeting shall be charged for management expenses, calculated in proportion to the expenses of the scheme, and the rate of which shall be fixed by order of the Ministers responsible for social security and overseas. The financial and accounting operations of the family benefits system of Mayotte shall be kept separate in accordance with Chapter III of Title V of Book II of the Code of Social Security. Cash transactions are drawn up in specific accounts opened for this purpose.
The Family Allowance Fund of the Meeting also helps to prepare for the creation of a family allowance fund for Mayotte
-A Social Action Commission, chaired by the State representative in Mayotte and composed of representatives of organisations representing employees and employers in Mayotte, organisations representing families and individuals Defines the guidelines for social action in favour of nationals of the family benefits system of Mayotte within the framework of the programme provided for in Article 15. It shall carry out the tasks assigned to the board of directors of the credit union under Article 15. A decree specifies its composition and operating procedures.
IV. -The provisions of Article L. 114-1-1 of the Code of Social Security are applicable to the family benefits scheme of Mayotte.
V. The family benefits scheme of Mayotte is subject to the supervision of the Court of Auditors according to the Article L. 154-1 of the Social Security Code.
Regime Instituted by this Ordinance shall not apply to judges and civil and military officials of the State whose physical and family interests are situated outside Mayotte.
I. -The following transitional provisions apply during the year 2002:
(a) Persons receiving family allowances as at 31 December 2001 Paid by the social security fund of Mayotte, by local authorities or by public institutions, continue to receive such allowances under the same conditions until 30 September 2002;
(b) Other persons Benefit from family benefits as of March 1, 2002; they are affiliated with the family benefits plan of Mayotte; and
II. -The fund manager of the family benefits scheme of Mayotte reimburses the bodies mentioned in the above to the expenses incurred in respect of the family allowances paid to the persons mentioned in the same a, as well as the costs of Related management;
III. -The housing allowance shall be paid as from 1 January 2003.
This order shall enter into force on 1 March 2002.
Done at Paris, February 7, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
The Minister of the Interior,
Daniel Vaillant
The Minister of Economy,
Finance and Industry,
Laurent Fabius
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Secretary of State for Overseas,
Christian Paul
