Connaitre ses droits

allowance for disabled adults

Written by Administrator Friday, 17 June 2011 07:46

The allowance for disabled adults (AAH) is a solidarity allowance intended to ensure people with disabilities a minimum of resources. Funded, paid by the CAF (or MSA funds for people who fall within the agricultural system), it is granted by decision of the CDAPH (Human Rights Commission and the independence of people with disabilities). To qualify, persons with disabilities must meet a number of conditions, including resources and degree of permanent disability (severity of disability). The amount awarded depends on the AAH any other means of beneficiaries (eg, disability pension, earned income, property income, alimony, interest on savings products ...) to bring them to a level guaranteed. The AAH can be supplemented by one or more of these benefits: Income Support (CPR) in respect of income support to people with disabilities (GRPH) or increase for independent living (MVA).

Namely

The holder of the AHA (and any dependents) receive benefits in kind of sickness and maternity insurance if it is subject, in any other capacity (covered person who has a right to social insurance, etc. .), a compulsory health insurance. Benefits in kind represent reimbursement of health expenditure, under the conditions and limits set by the general scheme of Social Security. The benefit of AAH also opens right, under certain conditions, to a tax exemption of housing and reducing social telephone (information from the tax office or CAF).

The allowance for disabled adults is assigned by the CDAPH for a period of one year and not more than five years (possibly up to 10 years if the applicant is incapacitated for at least 80% and that his disability is not subject to a favorable outcome).

When the AAH is assigned under a disability between 50 and 80%, the payment ends the legal age of retirement, however, beneficiaries with a permanent disability of at least 80% can keep part of the AAH if the amount of the pension benefit they receive is lower than the AAH.

The request for AAH and any of its supplements should be sent to the home county of Disabled Persons (MDPH) the place of residence of the person using the single application form to the MDPH.

It is this institution (one-stop shop for disabled people) who will instruct the file in its multi-disciplinary team and via the Committee on rights and autonomy of people with disabilities (CDAPH) who sits in it. Then, the MDPH send the case to the agency liquidator shall pay benefits (agency "debtor", or CAF fund MSA as appropriate). The CDAPH determines the degree of permanent disability, or not recognizing a substantial and lasting restrictions on access to employment in view of disability and appreciates the work capacity of the applicant. Agencies debtors check all administrative requirements (age, residence, income ceiling, the subsidiarity ... AAH).

If CDAPH did not rule within four months from the filing of the application, its silence is denial. For organizations debtors, the time corresponding to a month.

Regarding the increase for independent living is in principle the CAF (or fund MSA) which automatically assigns when the conditions are met. No particular approach is therefore to be done.

To claim the allowance for disabled adults (AAH), the applicant must meet the following requirements:

reside in France, in the DOM or Saint Pierre and Miquelon permanently and be of French nationality or national of a member country of the European Economic Area (EEA) or a national of another country regular status in France, the EEA comprises the 27 Member States of the European Union and Iceland, Liechtenstein, Norway.

For nationals of the EEA (European Economic Area), the right to the AAH is subject to a condition of residence in France during the three months preceding the application. This condition is not required of persons who are in employment reported in accordance with the law, those who have pursued such an activity is in France and are temporarily unable to work for medical reasons, or in vocational training as defined in Articles L. 6313-1 and L. 6314-1 of the Labour Code or are included in the list of job seekers and parents, children and spouses of such persons. Nationals of the Member States of the European Union and other States Parties to the EEA Agreement came to France to seek employment and maintain it as such are not eligible for the AAH.

be at least 20 years (or over 16 if the youth will not open right to family allowances);

have a permanent disability of at least 80%. With a disability rating between 50 and 80%, the applicant must be under age 60 and CDAPH (Human Rights Commission and the autonomy of people with disabilities) should have recognized him, given his disability, a substantial and lasting restrictions on access to employment. The rate of disability is assessed by the CDAPH;

not be eligible for a pension, disability pension or a pension for accidents at work in an amount at least equal to that of AAH (excluding the surcharge for using a third party) ;

not have resources in excess of a ceiling are retained income of the applicant, but also those of his spouse, partner or PACS partner.

The resources received during the reference year (ie 2009 for the AAH paid in 2011), must not exceed an annual cap set at 8 € 731.32 for a single person and 17 € 462.64 for a couple. These limits are increased by 4 € 365.66 per dependent child.

Resources are valued in the conditions set by articles are R. 821-4 et seq of the Code of Social Security. Excluded include annuities established for a disabled person (annuity "survival") or, in the limit of an amount fixed by decree at € 1 830, made by a handicapped person for themselves (saving disabled) and the premium incentive operating surplus paid to a disabled person admitted to an ESAT (preparation and assistance service through work).

The aim of the AAH is to guarantee a certain level of resources to the disabled person (AAH is a social minimum), the amount of this benefit varies depending on other resources of the latter and, where appropriate, spouse, partner or civil union: disability pension, work injury pension, retirement benefits, earned income, property income (see below their conditions taken into account), etc..

The maximum amount of AAH (€ 727.61 per month since April 1, 2011, this amount will increase to 743.62 euros as of 1 September 2011) is paid to the beneficiary who has no resources taken into account after application of the various positive measures (categories of resources are not taken into account at all, others are only partially). In other cases, the amount of the allowance is equal to one twelfth of the difference between the income ceiling applicable to the applicant and the annual amount of resources, within the scope of those taken into account and after the restatement discussed above above. Since 1 January 2011, the amount of the AAH is recalculated every three months, through a quarterly reporting of resources, for recipients who are in employment in mainstream work.

The amount of AAH, set by decree, is adjusted annually according to changes in consumer prices excluding tobacco. He is currently made ​​an exceptional effort of upgrading the AAH over 25% between 2008 and 2012.

When the disabled person receives a disability pension, a pension for accidents at work or retirement, the value of the benefit received is deducted from the AAH to pay.

Annual income (or quarterly) the recipient of the AHA from a professional activity in the open labor are partly excluded from the amount of resources used to calculate the allowance.

Indeed, there is first a right to fully combine the AAH with earned income for a maximum of 6 months (over a period of 12 months) after the resumption of work, and regardless of the amount of earned income (ie income from professional activities are not taken into account during this period for the calculation of the right to AAH).

Beyond this combination is full, there is also a system of partial accumulation of taking into account the income from work in the open, but partially. Specifically, the income is taken into account after applying a discount of 80% to 30% of the minimum wage (approximately € 410 gross) and 40% beyond that amount and without n 'there is a limit in time. Rates and the reductions applied above are those resulting from the reform entered into force on 1st January 2011.

Where the holder of the AAH is eligible for compensation guarantee, right to the allowance is reviewed in accordance with Article D. 821-10 of the Code of Social Security.

When the AAH is paid in addition to guaranteed benefits, the total of AAH with the guaranteed remuneration may not exceed 100% of the gross minimum wage calculated for 151.67 hours. When the total of the AAH and the guaranteed remuneration exceeds this amount, the allowance is reduced accordingly. This percentage is increased by 30% when the recipient is married and not separated or is bound by a PACS or cohabiting, and is increased by 15% when a child or parent is a dependent within the meaning of Article L. 313-3 of the Code of Social Security.

In case of hospitalization, accommodation in a foster home specialist (MAS) or imprisonment of more than 60 days, the amount of the AAH is reduced so that the recipient retains only 30% . No reduction of the AAH, however, is performed when the recipient is obliged to pay the hospital fee, he has at least one child or dependent ascendant, or when a spouse, partner or PACS partner not working for reasons recognized as valid by the CDAPH.

The AAH paid to people with a degree of permanent disability of at least 80% may be supplemented by two types of benefits: the "additional resources" (CPR: € 179.31 per month) which, added to the AAH full rate, forms the "income support for people with disabilities" (GRPH: € 906.92 monthly from 1 April 2011) and "Increase for Living" (MVA: € 104.77 monthly). A recipient who qualifies for the granting of these benefits must choose to receive one or the other.

This supplement is granted to persons under the age of 60, with a permanent disability of 80% and whose earning capacity is less than 5%, equivalent to an almost total inability to work and has priori, not subject to favorable time.

It must also not engage in any occupation or collect earned income for at least a year, but have independent housing: is regarded as such housing does not belong to a structure with common areas or community services or providing various additional services for a fee (see details below).

Last condition: the complement is allotted only if the AAH is paid at full rate or in addition to a pension, disability pension or a pension for accidents at work.

The monthly amount of income support is set at € 906.92 on 1 April 2011, the complement is equal to the difference between the guarantee and AAH full rate (ie € 179.31 per month).

Access to this supplement is also open to receiving the additional allowance disability (ASI), whose permanent disability is at least 80%, even they are not holders of AAH also. Only a beneficiary of the UPS gives you access to this supplement if the other conditions of its own are met.

Income Support ceases to be paid if the recipient works or when it reaches the minimum legal age of retirement (currently set at 60 years and three months, then gradually increased to 62 years).

Is not considered to have an independent living person hosted by an individual at his home, except for a spouse, partner or person with whom it has entered into a PACS. Several relaxations have however been made to this rule. Thus, can be considered as having independent housing people with disabilities housed in foster homes and paying a compensation representative availability of rooms reserved for them or those housed in structures which, at the Unlike the traditional structures of collective accommodation, rent payments differ from the payment of other benefits.

Increase independent living

For this increase, we must at once: to be suffering from permanent disability of at least 80% of AAH benefit at the full rate or in addition to a retirement or disability pension a pension for accidents at work, not receiving income from work in professional and have own independent housing for which housing assistance is paid (for example, an individual housing: APL). Her monthly amount is € 104.77.

The increase for independent living is also paid to the beneficiaries of the UPS whose permanent disability is at least equal to 80% and meet the conditions mentioned above (not eligible for AAH).

The MVA does not cease to be paid beyond the minimum legal age of retirement if the beneficiary loses the right to AAH for the following reasons: either because the old age benefit, paid in priority the AAH is an amount at least equal to the AHA, or because the person does not receive the supplementary allowance disability (ASI). In other words, the MVA continues to be paid, subject to the conditions of eligibility to the right, if the recipient has a differential AAH or UPS.

Payment of the premium for independent living or additional resources is maintained in case of hospitalization of the beneficiary or accommodation in a social institution or medical-social, but only during the first 60 days. In addition, the payment of the supplement or the supplement is suspended.