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Lhe guardian who raises and helps their youngsters alone – a lady in 82% of circumstances, based on INSEE – is entitled to the household assist allowance (ASF), of 187.24 euros per 30 days per little one, since 1er April 2023 (this profit took over from the orphan's allowance in 1984, created in 1970).

However, he can now not profit from it if he marries, enters right into a civil partnership or lives collectively, says article L523-2 of the Social Security code. The following case reveals that he may also be disadvantaged of it if he has a “community of interests” with any individual.

In 2012, Mme X, single mom, applies for ASF. She declares that she is hosted freed from cost by Mr. Y, whom she presents as her ” uncle “. In 2015, she requested housing help to finance the acquisition, in joint possession with Mr. Y, of a home. She declares that he’s not “neither his spouse, nor his common-law partner, nor his civil partner”however one ” friend “.

In 2016, a controller from the household allowance fund (CAF) confirmed up at her home unexpectedly. Before being thrown out, he notes that the joint house owners have a joint account and that social help is paid into that of MY. The CAF concludes that Mme X lives “maritally” with Mr. Y, and asks him to reimburse 10,393 euros in overpayment.

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Mme X refers the matter to the social safety court docket, earlier than which she denies residing ” under the same roof “ that Mr. Y, whom she disputes is her ” companion “, significantly bearing in mind its “sexual orientation”.

Joint account

The court docket nonetheless dominated in favor of the CAF on January 11, 2018. It interpreted article L523-2 as imposing “a state of isolation”. This notion covers, based on the code of social motion and households (article L 262-9), the actual fact of not “pool resources and expenses” with a companion. The court docket considers that Mme X swimming pools his personal with Mr. Y, since they’ve a joint account. He concludes that “community of life and interests”which justified the suspension of help.

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October 5, 2023 (20-21.308), the court docket of cassation validates the conviction of Mme X, judging that since 2012, it was ” Household chores “ which had “the responsibility of the children”. What the lawyer of the particular person involved had contested: in reality, it isn’t as a result of a lady enters right into a relationship that her companion contributes to the upkeep of her youngsters, as defined by socialist senator Laurence Rossignol, in a invoice to “maintain ASF, in the event of a new romantic relationship”.

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