The solidarity allowance for the elderly (Aspa) must be reimbursed by the heirs if the estate exceeds a certain amount. A ruling rendered by the Court of Cassation specifies the heirs from whom this aid can be recovered. Only direct heirs are concerned.
The solidarity allowance for the elderly (Aspa), intended for low-income seniors, is subject to specific rules concerning its recovery after the death of the recipient.
Since September 1, 2023, this recovery from heirs is only carried out if the beneficiary’s estate exceeds 100,000 euros, a significant increase compared to the previous threshold of 39,000 euros. However, a recent judgment from the Court of Cassation provides important details on this recovery.
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This case began after the death of an Aspa beneficiary in 2013. In 2019, the Retirement and Occupational Health Insurance Fund (Carsat) asked the beneficiary’s granddaughter to reimburse part of the sums paid. . The granddaughter’s mother, the beneficiary’s only direct heir, died in 2015.
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Although the first judges ruled in favor of Carsat, condemning the granddaughter to repay as her grandfather’s heir, the Court of Cassation reverses this decision in a judgment rendered on November 16, 2023 by the 2nd civil chamber, and represented by The particular.
Recovery of Aspa only on a direct inheritance
It specifies that, according to articles L 815-3 and D 815-4 of the Social Security Code, recovery can only be made from the direct estate of the beneficiary. Thus, at the time of the beneficiary’s death in 2013, only his daughter was his legal heir. After the latter’s death in 2015, although her granddaughter became her heir, she was not the direct heir of the beneficiary.
Consequently, it was not possible to recover the Aspa paid to the grandfather from the inheritance received from his mother. The disappearance of the beneficiary’s daughter colored Aspa’s obligation to reimburse.
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