Question 7542 — people with disabilities

Summary

The eighth paragraph of Article L. 821-1 of the Social Security Code allows beneficiaries of the allowance for disabled adults (AAH) reaching legal retirement age and presenting a rate of permanent incapacity equal to or greater than 80% to benefit from or continue to benefit from the AAH without having to liquidate their rights to the solidarity allowance for the elderly (ASPA). This faculty was introduced by VI of the article 87 of Law No. 2016-1917 of December 29, 2016 on finances for 2017 which specifies in its C that only people reaching legal retirement age as of January 1, 2017 are affected by this development. Consequently, AAH beneficiaries with a permanent incapacity rate greater than 80% who have reached legal retirement age before January 1, 2017 still have the obligation to liquidate their rights to the ASPA before receiving the AAH. In order to ensure the uniform application of this provision, a new instruction relating to this legislative development was recently sent by the national family allowance fund to its network.

Machine translation from French. The official text remains authoritative.

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