Question 23734 — elderly people

Summary

Mr. Christophe Jerretie draws the attention of the Minister of Solidarity and Health to the rules applying to social assistance benefits recoverable from inheritance, in particular the Solidarity Allowance for the Elderly (ASPA). The ASPA is assistance intended to ensure a minimum income for people aged at least 65 (or having reached the legal retirement age in the event of incapacity for work or similar situations). This Social assistance, paid by the National Old Age Insurance Fund (Cnav) or the Mutualité sociale agricole (MSA), is considered as an advance granted by society. Part of the ASPA can be recovered at the time of the beneficiary's death and accordingly reduce the assets transmitted to the heirs. This recovery is carried out on the part of the net estate (once the debts of the deceased have been deducted) exceeding 39,000 euros. It turns out that This situation is often poorly understood by families who deplore the lack of information and communication on this subject and who, after the death of their loved one, discover the extent of the amount of assistance to be repaid. Especially since recovery action taken from debtors is prescribed by 5 years from the date of registration of any document mentioning the date and place of death and the name and address of a beneficiary (L. 815-13 paragraph 6, social security code). During these 5 years, the heirs may therefore find themselves in a fragile situation if they no longer have the requested amounts in their possession. Also, he asks that these elements be taken into consideration in order to make families better aware of the social assistance benefit rules in question and to clarify whether modifications are possible.

Machine translation from French. The official text remains authoritative.

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