The loans concerned are mortgages for which the insured portion is less than 200,000 euros, and which mature before the borrower turns 60. Loans for real estate projects with mixed residential and professional use are also concerned. Note that the amount of 200,000 euros concerns the insured part, this means that a loan taken out by two people can reach 400,000 euros without a health questionnaire, each person being insured at 50%. Since June 1, 2022, you must therefore not provide any information relating to your state of health or carry out any medical examination if you meet the two conditions indicated.
For all practical purposes, you will find below the mechanisms allowing people living with HIV (PLHIV) to access insurance for loans not affected by the end of the medical questionnaire:
particular case of CIC and Crédit Mutuel in the case of a loan to buy a principal residence. If the person wishing to make a loan has had their main account domiciled with Crédit Mutuel or CIC for more than seven years, they can benefit from access to borrower insurance without a medical questionnaire for the purchase of their main residence. In addition to the condition of seniority, the insured part of the loan must not exceed 500,000 euros and the borrower must be under 62 years old at the time of subscription.
Convention Aeras
If the person cannot benefit from the abolition of the medical selection described above, it is advisable to canvass the insurance companies upstream to see what guarantees are offered to him, and at what price. With these elements, she can then see with the bank if she can claim a loan, and under what conditions. The Aeras agreement allows, under certain conditions, people presenting an “aggravated health risk” (current or past pathology, living with HIV, in particular), to borrow under conditions approaching standard conditions. In the case of HIV, the insurance proposal may however contain exclusions of cover or additional premiums (capped at 100%). Here are the conditions required to be able to benefit from the agreement:
To be able to benefit from an insurance proposal under the Aeras agreement, the loan and insurance application, as well as the person’s state of health, must meet several criteria:
- The insured part (excluding bridging loan) must not exceed 320,000 euros;
- The insurance contract will expire before the person turns 71. The duration between this insurance contract and the start of treatment must not exceed 35 years;
- The term of the loan does not exceed 25 years.
Medical criteria for PLHIV
- Undetectable viral load one year after initiation of treatment;
- CD4 ≥ 500/mm3 and undetectable viral load in the last 24 months preceding the subscription of the contract;
- Absence of ongoing opportunistic infection;
- Absence of current co-infection with HBV or HCV;
- Absence of past HCV co-infection, with no fibrosis stage strictly above F2
- Absence of coronary heart disease and stroke;
- Absence of cancer in progress, or in the history noted in the previous ten years;
- Absence of active smoking;
- Treatment started after January 2005.
Right to be forgotten
For loans that do not meet the conditions mentioned above, the loi introduced a right to be forgotten for cancerous pathologies and viral hepatitis C from five years from the end of the therapeutic protocol and in the absence of a relapse. This measure came into force on March 2, 2022 for all new files. Thus, no medical information relating to these pathologies can be requested by the insurer. The right to be forgotten concerns, in addition to the property loans already mentioned, affected or dedicated consumer loans, professional loans for the acquisition of premises and/or equipment and for which the term of the insurance contracts occurs before the borrower’s 71st birthday. As the Aeras site reminds us, before this law, a right to be forgotten was set at five years after the end of the therapeutic protocol for people who suffered from a cancerous pathology discovered before the age of 21, and a right to be forgotten was set at 10 years after the end of the therapeutic protocol for people who suffered from cancer after the age of 21; which hurt a lot of people. Subject to the two aforementioned measures, the agreement Aerasupdated accordingly, continues to be applied for all aggravated health risks.