La parent who raises and supports his children alone – according to INSEE, in 82% of cases a woman – has from 1.ahem April 2023 (this benefit took over from the orphan benefit, created in 1970, in 1984).
However, if they marry, enter into a civil partnership or live together, they can no longer benefit from it, says Article L523-2 of the Social Security Code. The following case shows that he may also be deprived of it if he has a “community of interest” with someone.
In 2012 Mme X, a single mother, applies for ASF. She claims to be hosted free of charge by Mr. Y, whom she presents as herself “uncle “. In 2015 she applied for housing assistance to finance the purchase of a house jointly owned with Mr Y. She states that she is not “nor his spouse, nor his partner, nor his citizen”but one “friend”.
In 2016, an inspector from the Family Allowance Fund (CAF) unexpectedly showed up at her house. Before the dismissal, he notes that the co-owners have a joint account and that social assistance is paid into MY account. CAF concludes that Mme X is alive “conjugal” with Mr. Y and asks him to return overpayments in the amount of 10,393 euros.
Mme X takes the matter to the Social Security Court, before which she denies living “under the same roof” that the Mr. Y she questions is her “companion”, especially considering his “sexual orientation”.
Common account
The court nevertheless ruled in favor of CAF on 11 January 2018. It interpreted Article L523-2 as imposing “isolation state”. According to the Code of Social Conduct and Families (Article L 262-9), this concept includes the fact that “pool resources and expenditures” with a partner. The court considers that Mme X pools his own with Mr Y as they have a joint account. It’s happening “community of life and interests”which justified the suspension of support.
October 5, 2023 (20-21.308), the court of cassation confirmed the conviction of Mme X, I think it’s been that way since 2012 ” Housework “ which had “children’s responsibility”. What the lawyer of the person in question disputed: it is not really because a woman enters into a relationship that her partner contributes to the maintenance of her children, as Socialist Senator Laurence Rossignol explained in the bill on “maintenance of ASF, in the case of a new romantic relationship”.
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