Question 15092 — people with disabilities

Summary

Mr. Sébastien Saint-Pasteur draws the attention of the Minister Delegate to the Minister of Health, Families, Autonomy and Disabled People, responsible for autonomy and disabled people, to the connection between the allocation of the allowance to disabled adults (AAH) and the recognition of the status of disabled worker. The AAH is granted subject to a minimum rate of incapacity and, when this rate is included between 50% and 79%, recognition of a substantial and lasting restriction on access to employment due to disability. The link between the AAH and the recognition of the status of disabled worker is already provided for by the social security code. Article L. 821-7-3 provides that a procedure for recognition of the status of disabled worker is initiated during the examination of any request for allocation or renewal of the AAH. This articulation is consistent with the very definition of a disabled worker set out in Article L. 5213-1 of the Labor Code, according to which any person is considered a disabled worker whose possibilities of obtaining or keeping a job are effectively reduced due to the alteration of one or more physical, sensory, mental or psychological functions. However, in some situations, people who have already obtained recognition as a disabled worker then submit an AAH application. In this case, it would seem logical for the MDPH to take full account of the RQTH in assessing the substantial and lasting restriction on access to employment. However, in some MDPH, the benefit of the RQTH does not always seem to be taken into consideration in the analysis of the AAH file. This situation is a source of incomprehension for the people concerned, but also of administrative complexity and litigation for the departmental centers for disabled people. In order to simplify procedures and make decisions more secure, it could be envisaged that a person whose level of incapacity is at least equal to 50% and who already benefits from the RQTH be presumed to meet the condition relating to the substantial restriction and sustainable for access to employment, except for specific elements justifying a different assessment. He therefore wishes to know if the Government intends to clarify this connection between RQTH and allocation of the AAH and if an instruction to this effect could be sent to the MDPHs in order to ensure more consistent application across the entire territory.

Machine translation from French. The official text remains authoritative.

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