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44585

Question 44585 — overseas

openFrance· National Assembly· FR

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2 January 2022

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2 January 2022

Summary

Ms. Ramlati Ali alerts the Minister of Solidarity and Health to the disability pension scheme applicable to Mayotte. In fact, the common law regime is declined by the provisions of article L. 341-4 of the social security code. It provides for three categories of disabled people, each category making it possible to determine the amount of the pension to be paid and the extent of the associated rights. The third category makes it possible to compensate the absolute impossibility of exercising a profession and gives right to the possibility of benefiting from the assistance of a third person to carry out the ordinary acts of life. Thus, invalids in the 2nd category receive a pension equal to 50% of the salary, while invalids in the 3rd category receive a pension at 50% of the salary, increased by 40% for recourse to this third party, on the basis of article R. 341-6 of the social security code. However, the provisions of articles 20-8-2 et seq. of Ordinance No. 96-1122 of December 20, 1996 relating to the improvement of public health provide for only one category of disability at 50% for Mayotte, without the increase for the assistance of a third person being provided for by the texts. The need is no less existent, particularly when the disabled person's housing is degraded. or not brought up to standard as is often the case in Mayotte. She questions him on the interest of carrying out this social alignment urgently and as part of the preparation of the bill for accelerated development of Mayotte.

Machine translation from French. The official text remains authoritative.

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