discovering love once more may be costly | EUROtoday

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 1^er 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, M^me 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 M^me X lives “maritally” with Mr. Y, and asks him to reimburse 10,393 euros in overpayment.

M^me 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 M^me 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.

October 5, 2023 (20-21.308), the court docket of cassation validates the conviction of M^me 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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