2023-02-28 23:00:00
After Chapter IV of Title Iis of book II of the code of social action and families, a chapter IV is inserted bis worded as follows:
“Universal emergency aid for victims of domestic violence
« Art. L.214-8. – Any person who is a victim of domestic violence, within the meaning of article 132-80 of the penal code, can benefit from support adapted to their needs.
« Art. L.214-9. – The person referred to in Article L. 214-8 benefits, at his request, from emergency financial assistance provided that he is the victim of violence committed by his spouse, his partner or the partner linked to him by a civil pact of solidarity and attested by a protection order issued by the family court judge pursuant to Title XIV of Book Iis of the Civil Code, by filing a complaint or by sending a report to the public prosecutor, in particular pursuant to the first paragraph of Article 132-80 of the Criminal Code.
“At the time of filing the complaint or the report sent to the public prosecutor, following informing the victim and with his agreement, a simplified application form may be sent to the body responsible for paying the competent family benefits. As soon as the request is received, it is forwarded to the president of the county council by the organization responsible for paying family benefits, with the express agreement of the applicant.
« Art. L.214-10. – The financial aid mentioned in Article L. 214-9 takes the form of an interest-free loan or non-refundable aid, depending on the financial and social situation of the person, taking into account, where applicable, the presence of dependent children.
“Its amount can be modulated according to the assessment of the needs of the person, in particular his financial and social situation as well as, if necessary, the presence of dependent children, within the limit of ceilings.
“The payment of the aid or part of the aid takes place within three working days of receipt of the request. By way of derogation, this period may be extended to five working days if the applicant is not a beneficiary.
“For six months from the first payment of the aid mentioned in Article L. 214-9, the victim receiving the financial aid may benefit from the rights and aid ancillary to the active solidarity income ancillary to this allowance, including the social and professional support mentioned in Article L. 262-27.
“A decree determines the conditions of application of this article.
« Art. L.214-11. – The aid referred to in Article L. 214-9 is granted, paid out and monitored by the bodies in debt of family benefits on behalf of the State, once morest reimbursement, including the management costs incurred by these bodies.
« Art. L.214-12. – In the case where the aid was granted in the form of a loan and when the facts provided for in the first paragraph of Article L. 214-9 gave rise to criminal proceedings, its reimbursement cannot be requested from the beneficiary as long as this procedure is in progress. This reimbursement is requested from the perpetrator of the violence when he has been definitively sentenced to the penalty provided for in Article 222-44-1 of the Criminal Code or has been subject to the criminal composition measure provided for in 20° of article 41-2 of the code of criminal procedure or of the measure of classification subject to the condition of pecuniary payment provided for in 4° of article 41-1 of the same code. This request is possible even if the corresponding claim is not yet due from the beneficiary.
“In the event that the repayment of the loan is the responsibility of the beneficiary, discounts or reductions in debt may be granted to him according to his financial situation.
« Art. L.214-13. – The action for payment of the aid mentioned in article L. 214-9 by the beneficiary and the recovery action by the organization in the event of undue payment are time-barred within the time limits provided for in article L. 553-1 of the social security code.
« Art. L.214-14. – Any undue payment of the aid mentioned in Article L. 214-9 is recovered by full repayment of the debt in a single payment if the beneficiary opts for this solution. Failing this, provided that the beneficiary does not dispute the undue nature and does not opt for reimbursement in one or more installments within a period fixed by decree which may not exceed twelve months, the paying agency may proceed with the recovery of the undue amount by deductions from future installments due for family benefits mentioned in Article L. 511-1 of the Social Security Code, the activity bonus mentioned in Article L. 841- 1 of the same code, the active solidarity income mentioned in article L. 262-1 of this code or the personal housing assistance mentioned in article L. 821-1 of the construction and housing code. These deductions are determined pursuant to the rules provided for in the third paragraph of Article L. 553-2 of the Social Security Code.
“When the undue amount notified cannot be recovered on the services mentioned in the first paragraph of this article, recovery may be made, subject to the reservations indicated in the same first paragraph, if the beneficiary does not opt for reimbursement in a single payment, by deduction from the benefits mentioned in the penultimate paragraph of Article L. 553-2 of the Social Security Code, under the conditions provided for in the same penultimate paragraph.
“The last ten paragraphs of article L. 133-4-1 of the same code are applicable to the recovery of undue payments mentioned in this article.
« Art. L.214-15. – Any complaint directed once morest a decision relating to the aid mentioned in Article L. 214-9 taken by an organization debtor of family benefits is the subject, prior to the exercise of a contentious appeal, of an appeal. prior under the conditions provided for in the first paragraph of Article L. 142-4 of the Social Security Code.
“The contentious appeals relating to the decisions mentioned in the first paragraph of this article are brought before the administrative jurisdiction.
“The beneficiary of the aid is informed, by any means, of the procedures for complaints and appeals described in the first two paragraphs.
« Art. L.214-16. – The provisions relating to controls and the fight once morest fraud provided for in Articles L. 114-9 to L. 114-10-2, L. 114-11 to L. 114-17, L. 114-19, L. 114-20 to L. 114-22 and L. 161-1-4 of the social security code are applicable to the aid mentioned in article L. 214-9 of this code.
« Art. L.214-17. – The terms of application of this chapter are determined by decree. »
1681766309
#Universal #emergency #aid #victims #domestic #violence
