Question 7540 — people with disabilities

Summary

The allowance for disabled adults is a social benefit which aims to ensure a minimum of resources for disabled people. As such, article R. 821-7 of the Social Security Code recalls that it is paid monthly in arrears, that is to say that it is paid for month m, reference period, in month m+1, entitlement period, every 5th of the month. The reference period taken into account for the calculation of rights to the AAH differs depending on whether or not the beneficiary exercises a professional activity. If this is not the case, the calculation of rights is carried out on the basis of the annual resources of year n-2 preceding the payment year. If this is the case, the reference period is quarterly. When a beneficiary begins or resumes a professional activity, the first reference quarter used is that during which the beneficiary started or resumed this activity. Firstly, beneficiaries who start a professional activity accumulate their income in full with the AAH for six months over a period of twelve rolling months without this constituting an overpayment. Secondly, for beneficiaries who return to professional activity, the amount of the AAH is reassessed on the basis of the three quarters during which the beneficiary started or resumed work. professional activity. The AAH paid during the quarterly reference period remains calculated on an annual basis and cannot therefore constitute an overpayment for the beneficiary and be the subject of an action for recovery of the undue amount. The beneficiary exercising a professional activity is required to return a quarterly declaration of resources to the organization responsible for the allowance. In the event of non-return thereof within the deadlines necessary to calculate the allowance, which cannot be less than fifteen days, the debtor organization pays to the beneficiary, for the first month of the new entitlement period, an advance of an amount equal to half of the previous monthly payment. He also notifies him of an additional response time. In the absence of a response within this new deadline, the same procedure is applicable for the following month. In In the event of non-return of the quarterly declaration of resources following this last notification, payment of the allowance is suspended. It is within this framework that the overpayments caused by the advance(s) paid can be recovered. Thus, it is only in the case where the beneficiary does not declare his situation, or declares it late, that he can be the subject of an action for recovery of the undue amount.

Machine translation from French. The official text remains authoritative.

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