Question 8475 — family

Summary

Only family allowances can be shared between the parents who have effective and permanent responsibility for the child in the event of alternating residence effectively implemented. Other family benefits, including the childcare benefit, cannot be shared between parents whose child is subject to an alternating residence measure, in application of the rule of singleness of the beneficiary. However, parents have the possibility of jointly requesting a change in the benefit after a minimum period of one year. With regard to personal housing assistance, it is currently possible for each of the two parents to benefit from it for the accommodation they occupy, subject to meeting the conditions for granting it under common law (resources, regularity of stay, decency, surface area, etc.). The decision mentioned by the Council of State dated July 21, 2017 concerns the consideration of children in alternate care in the scale for calculating personalized assistance. According to this decision, the principle of the single recipient does not preclude the taking into account of children in alternate residences when determining the amount of housing assistance, by application of articles L. 351-3 and R. 531-8 of the construction and housing code. Aware of the difficulties encountered by separated families, interministerial technical work has been undertaken to determine the best way to take alternate residence into account when calculating the amount of housing assistance while limiting the possible negative effects of sharing assistance on parents and ensuring the sustainability of the management complexity induced by a reform of this type. The solutions that will be released for personal housing assistance could in this respect constitute a first step in re-examining the principle of the single recipient applicable to family benefits.

Machine translation from French. The official text remains authoritative.

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