AAH 2022: the Assembly votes deconjugalization! For when ?

AAH 2022. The deputies voted several amendments last night, in favor of the deconjugalization of the disabled adult allowance. On the other hand, it should not come into force for many months.

[Mis à jour le 21 juillet 2022 à 08h55] On the night of Wednesday July 20 to Thursday July 21, the deputies adopted several amendments in favor of deconjugalization of the disabled adult allowance (AAH) when considering the Purchasing Power Bill. In other words, it would no longer be calculated according to the principle of conjugality, but only on the income of the person with a disability. Deconjugalization should be implemented as of October 1, 2023. “If we can go faster, we will go faster” declared the Minister of Labor Olivier Dussopt before the National Assembly. The AAH concerns 1.2 million people, including 270,000 are in a couple and will therefore see their rights modified by the reform. This will cost more than 11 million euros in the state.

Until then, the AAH was calculated taking into account not only the income of the person concerned, but also the income of his or her spouse. A calculation criticized because it increases the dependence of disabled people on their spouse. This is why the government has promised to reverse it, still in its policy of increasing purchasing power for the French, in these times of galloping inflation (5.8% in June 2022 over one year). To prevent certain beneficiaries of the AAH from being penalized by the introduction of deconjugalization and therefore of a new method of calculating the allowance, the government also wishes to set up a “transitional device” for those who would be likely to see the amount of their allowance reduced, because of this new method of calculation. The objective is to allow these people to keep the amount of their allowance until the expiry of their acquired rights.

As a reminder, the allowance for disabled adults (AAH) is financial assistance that allows you to have a minimum of resources. This aid is granted subject to meeting the criteria of incapacity, age, residence and resources. It is granted by decision of the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH). Its amount supplements any other resources you may have. The amount of the AAH was revalued by 1.8% on April 1, 2022, then by 4% the July 1, 2022. Its amount went from 919 euros to 956 euros for a single person without resources, to take into account galloping inflation (5.8% in June 2022 over one year). To qualify, you must have a degree of incapacity of at least 80%.

The amount of the disabled adult allowance varies according to your situation and your income. We summarize the situations that may arise:

• You are single and destitute: 956 euros per month.
• You receive a pension or an annuity or you work in an ordinary environment: the amount of the AAH corresponds to the difference between the amount of your resources and the amount of the AAH for a single person without resources. This is the reason why, if the social benefit is granted to you, you must make a quarterly declaration (read below).
• You are hospitalized, housed in a specialized reception center or imprisoned: financial assistance is paid at the full rate for 60 days. After this period, the sum is reduced to 30%, i.e. €271.08 per month. The amount of the AAH is recalculated according to your situation when you leave the establishment.

Regarding the amount of the AAH, keep in mind that under certain conditions, the Caf does not take into account the professional income of the person who either stops working to take care of a child under 3 years old or of several children, either is unemployed and is not compensated, or is deprived of employment and benefits from the AAAH, or is a beneficiary of the Rsa.

Sometimes, the Caf carries out a lump sum assessment annual resources from the current monthly salary. Also, in case of separation, divorce Where widowhoodthe CAF does not take into account the income of your former spouse or partner from the month following the event.

The fixed reduction of €5,000 provided for in the first paragraph of Article L. 821-3 is applied to income received by the spouse, cohabiting partner or partner bound by a civil solidarity pact which falls under the following categories: (non-exhaustive list). To find the complete list, go to Legifrance website.

• Income from commercial, craft, liberal or agricultural activities
• Salaries and wages, pensions, life annuities free of charge and remuneration of managers and partners
• The guaranteed remuneration paid by the establishment or the work assistance service which hosts it

Currently, the spouse’s income is taken into account to determine eligibility for AAH (see below). Several associations for the defense of the rights of disabled people and feminist associations are calling for the individualization of the AAH, and a petition has exceeded 100,000 signatures. We then speak of “deconjugalization”, the associations believing that the handicap cannot be a given that is shared.

During her general policy speech before the Assembly on Wednesday July 6, 2022, Prime Minister Elisabeth Borne announced the deconjugalization of the AAH. In other words, the spouse’s income will no longer be taken into account in the calculation. On the right as on the left, the requests were legion during the first five-year term of Emmanuel Macron to proceed, already, to a deconjugalization of the disabled adult allowance. The government had remained indifferent to it until Wednesday, July 6. From now on, the date of entry into force of deconjugalization could be set for October 1, 2023. A deadline that some consider far too distant, and which should be debated heatedly within the Assembly in the coming days.

To benefit from the AAH, it is necessary to be at least 20 years old. Or 16 years old if you are no longer considered dependent on your parents for the allocation of CAF allowances. Since 2017, there is no longer an age limit, however, if your disability rate is between 50% and 79%the payment of the AAH stops at the age of 60 years.

To be eligible for the disabled adult allowance, it is necessary to fulfill three conditions relating to age, residence and incapacity. you must be old more than 20 years and reside in France. In addition, you must have a incapacity greater than 80% Where from 50 to 79% correlated with a “substantial and lasting” restriction of access to employment. As a reminder, this rate is assessed by the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH), according to a scale “for the assessment of the deficiencies and incapacities of persons with disabilities”.

Your income is also studied. The categorical net income – which lists all your income (salaries, property income), less charges and tax allowances – is taken into consideration. Here is a summary of the resource limits not to be exceeded:

Note: income dating back two years is taken into account. Do you want to assess your rights to the AAH? This is possible, thanks to the simulator set up by the State services. To view it, click here.

Yes, it is possible, provided you meet the criteria mentioned above. The service-public.fr site makes it clear that the active solidarity income is considered as a subsidiary allowance to other benefits. Clearly, the amount of the RSA will be reduced by the amount of the AAH collected.

There is no automatic renewal of the AAH. Except for persons with disabilities of at least less 80% since January 1, 2020. However, we recommend that you complete a renewal file to avoid any dispute. The maximum durations of payment vary according to the degree of incapacity. Of 1 to 20 years for a rate of at least 80%. Only from 1 to 5 years for a rate between 50% and 79% of incapacity.

To apply for a disabled adult allowance, you must download the Cerfa form n° 15692*01, here by clicking on the “Approach” box. Once you have completed it, you must send it to the Departmental House for People with Disabilities (MDPH). The answer must be given within four months. Beyond that, you can consider that your request has been rejected.

You must file your income statement every three months. with the Caisse des Family allowances when you are a beneficiary of the AAH and work in an ordinary environment. This declaration makes it possible to adjust, if necessary, the amount of the social benefit. The procedure is simple. Here is how you can make your quarterly declaration: either you use Cerfa form 14208*01 that you send to the Caf duly completed, or you declare your resources directly online, in your dedicated personal space on the Caf website.

If your file is accepted, the aid is paid to you by the Caf. The duration of payment of the disabled adult allowance varies according to your situation:

• You have a disability rate greater than or equal to 80% : it is paid for a period between 1 and 10 years. If the beneficiary’s disability is unlikely to change favorably, the duration of the payment can exceed 5 years without exceeding the threshold of 20 years.
• You have a disability rate between 50% and 79% : the AAH is paid for a period of 1 to 2 years. The duration can be extended to 5 years if the beneficiary’s disability has little chance of changing positively.

To find out about the allowances to which you are entitled, in particular the AAH, take advantage of the simulator made available by the government website service-public.fr.