Written Question No. 05907 from
Mrs. Maryse Carrre
(Hautes-Pyrnes – RDSE)
published in the JO Senate of 03/23/2023 – page 1939
Mrs. Maryse Carrre draws the attention of the Minister Delegate to the Ministry of the Interior and Overseas Territories and the Minister for Ecological Transition and Territorial Cohesion, responsible for local authorities and rurality, to the need, for the departmental councils, to recover the amounts due to them under social assistance by having recourse to a real estate sale by a beneficiary of the latter, during his lifetime. In fact, social assistance for accommodation (ASH), a benefit granted by the departments, makes it possible to finance all or part of the costs of stays in an accommodation establishment for dependent elderly people (EHPAD).
The social action and family code, through the combined provisions of its articles L132-8 to 9, allows the departmental councils to set up a mortgage on the property of the beneficiary, the ASH being recoverable from the first euro in the death of the beneficiary. However, article 132-8, in its current wording, only allows the recovery of this advance in the event of return of better fortune (from which the sale of real estate is excluded by case law) or of succession of the beneficiary. In practice, despite the lack of legal basis, the departments recover these sums when raising mortgages in order to meet the high cost of accommodation. Indeed, following the sale of the property concerned by the mortgage, it is impossible to encumber other property.
With the aging of the population, the departments are faced with an increasing increase in the costs associated with ASH. It is therefore essential that the legal mortgage allow for recovery on a real estate sale during the lifetime of the beneficiary. It therefore wishes to know whether the Government plans to allow departmental councils to obtain either reimbursement of their debt or a new guarantee of payment from the debtor by amending article 132-8 of the social action code and families.
Forwarded to the Minister for Solidarity, Autonomy and Persons with Disabilities
Awaiting a response from the Minister for Solidarity, Autonomy and Disabled Persons.
