Question 17204 — veterans and victims of war

Summary

Mrs. Josiane Corneloup draws the attention of the Minister of the Armed Forces to the question of the seizability of the recognition allowance granted to former Harkis who have established their domicile in France. Article 6 of Law No. 2005-158 of February 23, 2005 provides that former Harkis are eligible to receive a recognition allowance for services rendered to the Nation. The second paragraph of this article details the different forms of receipt of this allowance. Thus the beneficiaries can either receive it in the form of a life annuity whose annual amount cannot be less than 4,109 euros, or in the form of a capital of 20,000 euros and a capital supplement in the form of a life annuity whose annual amount cannot be less than 2,987 euros from January 1, 2019, or in the form of a capital of 30,000 euros. However, according to the fifth paragraph of this same article, only the capital compensation paid is exempt from seizure and does not have the character of income for the basis of taxes and duties recovered for the benefit of the State or communities. At the same time, the texts which govern the social security code, the social action and family code and that of taxes show that the recognition allowance is not taken into account as income in the same way as the fighter's retirement and other honorary allowances. The Minister knows the sacrifice made by this community and the heavy price it has paid. The recovery of this allowance erases the honorary and recognition value that it should carry. It seems useful to him to recall that it is of a modest amount and that it took more than forty years to see the light of day. How Is it possible to leave as is the non-seizability of the capital payment and the seizability in the form of an annuity, even though they are the same object? She requests his intervention so that the former Harkis receive an elusive allowance in whatever form it takes.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.