Question 40920 — elderly people

Summary

Ms. Danièle Hérin draws the attention of the Secretary of State to the Minister of Labor, Employment and Integration, responsible for pensions and health at work, to the recovery of the solidarity allowance for the elderly (ASPA). She would first like to remind you that the ASPA is a monthly benefit granted to retirees with low resources in order to provide them with additional income. By Consequently, all applicants must meet a means test criterion. To this end, he must complete a questionnaire on which he must indicate in particular the real estate he owns and their value. It should be noted that the taking into account for the calculation of the right to the ASPA of a real estate property is carried out exclusively in the form of a fictitious annual income as a percentage of the market value of the property. The value of the property The award and amount of the ASPA and a possible mortgage will therefore depend. The sums paid under the ASPA are in fact recovered upon the death of the beneficiary from his estate, only if the net estate assets are at least equal to the recovery threshold, which is 39,000 euros according to the conditions provided for in article 2428 of the civil code. When real estate (located in France or abroad) exists, it will necessarily part of the recovery base, even though the real security regime (mortgage), guaranteeing reimbursement, depends on the location of the property. If the reimbursement of the ASPA at the time of inheritance is therefore carried out regardless of the geographical location of the assets of the deceased beneficiary, it would nevertheless seem that for assets located abroad, the debtor organization cannot in most cases neither take out a mortgage upon allocation or during the service of the allowance or upon the death of the beneficiary, nor implement recovery procedures on these assets located abroad. This situation would therefore give rise to significant inequality of treatment during reimbursement of the ASPA depending on whether the deceased beneficiary owned property in France or abroad. She would like to know what action the Government is taking to resolve this situation.

Machine translation from French. The official text remains authoritative.

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