While it is common for an elderly or disabled person who has limited resources to receive social assistance, it is little known that upon their death, their heirs must reimburse them… Shedding light on this point of law.
In December 2022, Ms. F., a resident of a nursing home for several years, died at age 92. Very distressed by this disappearance, his two children suffered a new ordeal a few weeks later.
A letter from the pension fund to which their mother was affiliated demands reimbursement, the amount of which amounts to 55,000 euros. A sum which corresponds to the payments of the solidarity allowance for the elderly (Aspa) which was paid to him.
As heirs, they were unaware that this monthly benefit granted by the pension fund (Carsat, Saspa or MSA) was an advance that they would have to return when their relative inherited their estate. If social assistance from the department or a retirement fund is paid directly to one of your parents or to the establishment where they are accommodated, it is imperative to know whether, as heir, or even as donee or as a beneficiary of life insurance, you are likely to be affected by this recovery procedure.
Le Revenu takes stock of the aid concerned, the restitution modalities and possible recourse. Not all social assistance has to be repaid. Fortunately, there is some assistance that is not subject to recovery. This is the case with active solidarity income (RSA); APA (personalized autonomy allowance); AAH (allowance for disabled adults); the disability compensation benefit (PCH) and the complementary health insurance (formerly CMU). The supplementary disability allowance (ASI) does not give rise to recovery for deaths occurring after December 31, 2019. But it remains possible for deaths occurring before December 1.is January 2020.
Attention : Even if it is not recoverable, this aid can still be claimed from the heirs if it was paid unduly or in error (Council of State no. 316750 of March 13, 2010). Aid from the department very largely recovered
Aid from the department very largely recovered
On the other hand, the aid paid by the department to a person in difficulty, in order to improve their daily life or their financial situation, “only” has the character of a financial advance. They are therefore reimbursable in whole or in part by the heirs from the beneficiary’s estate. This recovery is not automatic, but very frequent.
According to the Directorate of Research, Studies, Evaluation and Statistics (Dress), of the 2.15 billion euros consumed by social assistance for housing an elderly person (ASH ) in 2018, 187 million euros gave rise to reimbursement at the time of succession The rules available to the administration are set by law according to Article L. 132 8 of the Social Action and Families Code (CASF) and differ depending on the type of aid granted.
Note that they may vary depending on the department. It is the departmental council that is responsible for the recovery procedure from heirs and setting the amount to be reimbursed (consult the departmental RDAS social assistance regulations available on your department’s website).
Through the ASH, the department can cover the costs of accommodation in a nursing home or in a long-term care unit (USLD) for an elderly person, if their resources, increased if necessary by the contribution. of his dependents (spouse, children, stepchildren, divorced or not, etc.), are insufficient. This support can be recovered by the department from the first euro upon the death of the beneficiary. The amount recovered will reduce the assets transmitted to his heirs.
Note that if the elderly person is the owner, the department often takes out a mortgage on the property at the time of death to guarantee recovery of their debt. Assistance with accommodation for people with disabilities is also one of those which can be recovered by the department from heirs. It is nevertheless not recoverable from the spouse, child or parent who has exercised effective and constant responsibility for the disabled person (proof to be provided).
The department also has the right to recover social assistance at home for the elderly (domestic help, meal delivery, etc.) from the heirs. And this, from the first euro on the part of the inheritance assets greater than 46,000 euros and after a reduction of 760 euros.
Let’s take the example of an elderly person who received 7,000 euros in social assistance from the department., his heirs may be required to reimburse up to 6,240 euros maximum (7,000 − 760 euros). If she leaves net assets of 50,000 euros upon her death, the department will only be able to recover 4,000 euros (i.e. 50,000 − 46,000 euros). The same applies to social assistance granted to people with disabilities (with the same exemption as for housing assistance for disabled people).
Attention : an only son and heir was ordered to repay the entire accommodation and maintenance costs which the department had paid in advance, for a total amount of 98,000 euros!
It was judged that the administration could validly assert its right to recovery, even if it had not paid the ASH to the beneficiary herself, but had paid the entire accommodation costs directly to the establishment. without deduction of his participation (Court of Cassation 2nd civil chamber, n°21-13.527 of July 7, 2022).
Systematic recovery of Aspa
In the event that an elderly person has received the solidarity allowance for the elderly (Aspa) from their pension fund, in order to ensure them a minimum amount of resources, the organization will in all cases exercise its right of recovery from heirs.
Note that according to the Senate report of February 2023 on the pension reform law, 3% of Aspa’s 3.5 billion euros in expenses were recovered from inheritances in 2020.
Total or partial reimbursement is only required if the net estate assets are above a certain threshold, which has been set at 100,000 euros in mainland France since 1is September 2023 (article L815-13 of the Social Security Code), then will be indexed annually according to inflation. Reimbursement is therefore made on amounts exceeding this threshold.
For example, for a net asset of 120,000 euros, Aspa’s debt of 25,000 euros is only recoverable to the extent of 120,000 − 100,000 euros, or 20,000 euros.
In addition, the amount recoverable from Aspa must not exceed a certain ceiling, which is set each year. In 2023, this amounts to 7,794.27 euros for a beneficiary living alone and 10,427.56 euros for a couple.
Attention : the amounts involved can be significant, it is advisable to insist on obtaining the details of the sums claimed period by period.
The personal property of the heirs is not affected
The recourse against the estate of the beneficiary of the aid is exercised within the limit of the net inheritance assets, the method of calculation of which is not the same as that applied for inheritance tax.
The assets include all the property of the deceased (special rules apply for retirees owning a farm), from which personal debts are deducted (current loans, hospitalization costs, taxes, funeral costs, etc.). ), but not recovery claims. If the result is positive, the department or the pension fund can assert its claim within the limit of the amount of net assets.
If the inheritance proves insufficient, the right to recovery cannot be exercised on the personal assets of the heirs, but their share of the inheritance will be reduced.
Attention: if a person receiving Aspa has made donations or has funded a life insurance contract in a disproportionate manner to defeat the appeal against inheritance, the pension fund can reintegrate these sums into the inheritance for the calculation of the recoverable amount (article D815.6 of the Social Security Code).
The ministerial agent is responsible for reimbursement
When a beneficiary dies, the notary in charge of the estate generally notifies the paying body(ies) which, if recoverable aid has been paid, quickly informs the heirs of the sums which must be paid. be returned. They constitute a recoverable debt at the time of settlement of the estate and it is the notary who is responsible for reimbursing the sums due, before paying each heir their share.
Discounts are rarely granted unless the heir is himself in a difficult financial situation. It is nevertheless possible to obtain, upon request from the president of the departmental council, a deferral of reimbursement upon the death of the widow or widower of an aid beneficiary. Recovery from the spouse’s share of the estate may be deferred until the latter’s death. These conditions may also apply to heirs who were dependent on the beneficiary.
Attention : The department, like the pension fund, has five years from the date of registration of any document mentioning the death to claim the sums due.
The legatees are not the only ones targeted
For certain aid, the heirs (or universal legatees who are assimilated to heirs) are not the only people called upon to reimburse the sums paid by the department or the retirement fund. Thus, ASH and home help for the elderly can be recovered from a donee if the elderly person has made a donation in the ten years preceding the ASH request or after it (within the limit of the assets transmitted), but also to a particular legatee (beneficiary by will of a specific asset).
The beneficiary of a life insurance contract taken out by the elderly person can even be sued up to the fraction of the premiums paid after the age of 70, if recovery cannot be made against the estate, a donee or a legatee.
Finally, please note that the department can take recourse against the beneficiary during their lifetime if they have returned to better fortune (inheritance for example).
Who can you turn to to dispute?
To oppose a request for reimbursement from a department, it is mandatory to first make a prior appeal to the president of the departmental council by mail, attaching a copy of his decision and documents justifying the reasons for your request. disagreement. He has two months to respond.
If you do not agree with their answer, you have two months to challenge it in court. For a reimbursement request from a retirement fund, it is possible to file a complaint with its Amicable Appeal Commission (CRA), then refer the matter to the Social Security Court (Tass).
Do not hesitate to get support by calling on a specialized lawyer who will help you best defend your interests.
2023-12-02 21:09:07
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