Question 8018 — people with disabilities

Summary

Nearly 800,000 people are placed under legal protection measures in France. For 483,000 of them, these measures are provided by professionals, the judicial agents for the protection of adults (MJPM). Since the law of March 5, 2007 reforming the legal protection of adults and under articles L. 361-1 and L. 471-5 of the Social Action and Families Code (CASF), the financing of measures of legal protection, exercised by the MJPMs, is primarily the responsibility of the protected persons and, in the alternative, of public funding. The financing system is based on a unique system of participation of people in the financing of their measure, the amount of which is determined according to their resources and subsidiary public financing allocated either in the form of a global allocation to the mandatary services or on the basis of fixed monthly rates tailored to individual agents. The finance law for 2018 (program 304 - action 16) plans to reform the scale of financial participation of people under protection measures. This reform aims to generate an additional return estimated at €36 million over a full year with a view to supporting an increase in service budgets more in line with the changing needs of the sector. The finance law for 2018 also provides for modifications affecting several regulatory provisions in force which do not respect administrative jurisprudence as well as certain principles provided for in the law of March 5, 2007. It is therefore important to bring the regulations into compliance with the principles relating to the remuneration of MJPM which must be determined according to calculation methods and common indicators (law of March 5, 2017) and guarantee that the participation of the protected person does not exceed the cost of their measure (decision of the Council of State dated February 4, 2011). However, only the texts applicable to individual agents respect this last principle. Finally, the reform simplifies certain provisions relating to the pricing of individual agents and specifies that their remuneration (flat monthly rates according to the measure) corresponds to the cost protective measures. The new scale of participation for people set by decree published recently provides for the maintenance of the total exemption for people whose resources do not exceed the amount of the AAH in N-2 (€9,692) and the elimination of the franchise for the portion of people whose level of resources is higher than the amount of the AAH (€9,692). For people with a level of resources higher than the AAH, the new scale is established as follows: 0.6% on the €0-AAH bracket (€0-€9,692), 8.5% on the AAH - SMIC bracket (€9,692 - €17,599), 20% on the SMIC – 2.5 SMIC bracket (€17,599 - €43,999), 3% on the 2.5 bracket SMIC- 6 SMIC (€43,999-€105,597). Thus, for example, people whose level of resources is between the AAH and the SMIC will contribute to the financing of their measure to the tune of €32.9 per month.

Machine translation from French. The official text remains authoritative.

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