“Understanding the Delegation of Parental Authority for Child Welfare and Family Benefits”

Parental authority

Scope of the delegation of parental authority, for the benefit of the president of the county council, of the exercise of parental authority over a child, entrusted to the child welfare service, on the right to family benefits of the natural person who is recognized as a beneficiary

• It results from the combination of articles L. 513-1, R. 513-1 (in its wording from decree no. 2007-550 of April 13, 2007), and L. 521-2, paragraph 1^isof the social security code and 377 of the civil code that the delegation, for the benefit of the president of the departmental council, of the exercise of parental authority over a child, entrusted to the child welfare service, is, in itself, without impact on the right to family benefits of the natural person who is recognized as a recipient.
  It is therefore, with good reason, that the Court of Appeal holds that the delegation of parental authority to the benefit of the president of the departmental council had not caused the mother of the children to lose the status of beneficiary, so that the part of the family allowances due to it for the children had to be paid to the service of social assistance for children, to which they had been entrusted within the framework of an educational assistance measure,.. .