Lhe parent who raises and supports his children alone – a woman in 82% of cases, according to INSEE – is entitled to the allowance of family support (ASF), 187.24 euros per month per childsince 1er April 2023 (this benefit took over from the orphan’s allowance in 1984, created in 1970).
However, he can no longer benefit from it if he marries, enters into a civil partnership or lives together, says thearticle L523-2 of the Social Security code. The following case shows that he can also be deprived of it if he has a “community of interests” with somebody.
In 2012, Mme X, single mother, applies for ASF. She declares that she is hosted free of charge by Mr. Y, whom she presents as her ” uncle “. In 2015, she requested housing assistance to finance the purchase, in joint ownership with Mr. Y, of a house. She declares that he is not “neither his spouse, nor his common-law partner, nor his civil partner”but one ” friend “.
In 2016, a controller from the family allowance fund (CAF) showed up at her house unexpectedly. Before being thrown out, he notes that the joint owners have a joint account and that social assistance is paid into that of MY. The CAF concludes that Mme X lives “maritally” with Mr. Y, and asks him to reimburse 10,393 euros in overpayment.
Mme X refers the matter to the social security court, before which she denies living ” under the same roof “ that Mr. Y, whom she disputes is her ” companion “, particularly taking into account its “sexual orientation”.
Joint account
The court nevertheless ruled in favor of the CAF on January 11, 2018. It interpreted article L523-2 as imposing “a state of isolation”. This notion covers, according to the code of social action and families (article L 262-9), the fact of not “pool resources and expenses” with a partner. THE court considers that Mme X pools his own with Mr. Y, since they have a joint account. He concludes that “community of life and interests”which justified the suspension of aid.
THE October 5, 2023 (20-21.308)the court of cassation validates the conviction of Mme X, judging that since 2012, it was ” Household chores “ which had “the responsibility of the children”. What the lawyer of the person concerned had contested: in fact, it is not because a woman enters into a relationship that her partner contributes to the maintenance of her children, as explained by socialist senator Laurence Nightingale, in a proposed law to “maintain ASF, in the event of a new romantic relationship”.
You have 18.3% of this article left to read. The rest is reserved for subscribers.