Whether they concern health, family or even housing, French social benefits have been at the heart of parliamentary debates on immigration law in recent days. But, if the aid paid by the State fuels many fantasies, it is not always easy to find oneself in this swarm of acronyms. RSA, APL, ASPA, PUMA… Are these aids really open to everyone, including regular and irregular foreigners? What are the exact conditions to benefit from it? What will the new “Immigration” law change? Le Figaro takes stock.
It is impossible to take a look at social benefits without mentioning the Active Solidarity Income (RSA), which succeeded the Minimum Integration Income (RMI) in 2005. Reformed many times, this aid aims to supplement people’s income. deprived or with low resources, with the aim of guaranteeing all French people a minimum income. However, to qualify for RSA, you must meet a certain number of criteria.
By nationality, first: only French, Swiss individuals and citizens of the European Economic Area present in France for three months can have access, as well as foreigners with a residence permit allowing them to work in France for at least five years. This period is waived for holders of a resident card, refugees and beneficiaries of subsidiary protection. Please note that irregular (“undocumented”) immigrants cannot claim this under any circumstances. Thus, contrary to popular belief, not all foreigners benefit from the “sesame” upon their arrival in France.
All beneficiaries must also reside in France “stably”, i.e. at least nine months a year. The benefit of the RSA is always subject to strict age requirements: it is impossible to claim it before the age of 25, except in the case of a dependent child or pregnancy. However, a change is planned for those who, aged 18 to 25, have worked full-time for at least 2 years during the last 3 years. If other social assistance can be combined with the RSA, the monthly resources of the recipient must not exceed a certain income ceiling. The amount of the allowance varies from 607 euros for a single person to 1276 euros for a couple with two children. According to the latest data from the Family Allowance Fund, the RSA is paid to 1.9 million beneficiaries. From 2015 to 2017, non-European foreigners represented between 14% and 16% of beneficiaries.
Older people can benefit from the Solidarity Allowance for the Elderly (Aspa), a monthly benefit granted to retirees with low resources. To benefit from it, you must have reached the age of 65 (or 62, in the event of unfitness for work) and not benefit from more than 961 euros in monthly resources for a single person. It is compulsory to reside in France for at least nine months a year, regardless of the nationality of the recipient. Assistance is open to nationals of foreign countries outside the European Union and Swiss, provided they have held a residence permit for at least ten years. Here again, an exception is provided for refugees, stateless persons and foreigners holding a resident card. In a 2014 study, the statistical service of the Ministry of the Economy estimated the share of foreigners among Aspa beneficiaries at a third.
Heirs of a so-called “horizontal” family policy – in other words, open to all, without income conditions – are family allowances so generous in France? The law provides that all French citizens whose household has at least two children under the age of 20 can benefit from the famous allowances, the amount varies depending on the household’s resources and the number of children. As the Caf points out, the payment of family allowances is “automatic”: “you are automatically entitled to family allowances from your second child. They are paid the month following the birth or welcoming of your child,” indicates the fund on its website.
Until now, this “automaticity” also applied to foreigners, who could benefit from family benefits in the same way as French people, provided that their children live with them in France and that they were born in France or arrived regular. The new “immigration” law adopted Tuesday evening by the Senate and the National Assembly significantly makes it harder to obtain them. If the measure is not rejected by the constitutional council, family benefits will only be accessible to foreigners after five years of presence in the territory, a period shortened to two and a half years for those who work.
However, this twist does not apply to refugees or to holders of a ten-year resident card. It will also not concern the education allowance for disabled children (AEEH). Asylum seekers and undocumented immigrants remain excluded from any specific family assistance.
Having decent housing is a right enshrined in French law since 1990. More precisely, the Besson law indicates that “any person experiencing particular difficulties has the right to assistance from the community to access decent housing”. By virtue of this commitment, personal aid has proliferated since the 1970s, to the point of becoming the first budget item in the policy pursued by the ministry. If housing has carved out a place of choice in the parliamentary contests of the Immigration law, it remains difficult to find oneself: APL, ALS, ALF… What are the benefits and who is really entitled to them?
Let’s start with Personalized Housing Assistance (APL), the most famous of all. As a reminder, this assistance is paid due to the housing situation, regardless of family situation (single, married, with or without dependents) or age. To benefit from it, however, you must be a tenant of approved and decent accommodation in France. APLs are also subject to strict resource ceilings, which vary depending on the composition of the household and the location of the accommodation. Next comes the Family Housing Allowance (ALF), paid on a means-tested basis to families, single people or young households, provided that they are tenants of furnished accommodation. The Social Housing Allowance (ALS) must finally compensate for any possible holes in the racket, since it is only paid to those who cannot claim either the APL or the ALF.
Until now, housing assistance was largely open to legal foreigners. They could benefit from the APL, the ALF, the ALS and even request social housing and assert their enforceable right to housing, like French citizens. The new “Immigration” law will significantly change the situation. Provided that the articles in question are not rejected by the Constitutional Council, the above-mentioned aid will only be distributed to foreigners after five years of presence in France, or, failing that, three months of work in France. The enforceable right to housing will only be possible for foreigners after five years of presence in the territory, or two and a half years for those who work.
An exception is still planned for refugees and holders of a resident card for ten years: they will retain immediate access to aid and the right to housing, just like students. Please note that foreigners with a residence permit can still benefit from emergency accommodation, like the French. During the time of their asylum application, foreigners retain the possibility of being hosted in reception centers (CADA) and in emergency accommodation. Please note that in light of the “Immigration” law, illegal immigrants subject to an obligation to leave French territory (OQTF) will no longer have access to emergency accommodation.
For their health, the French are protected by Universal Health Protection (PUMA). This gives the right to cover health costs (part reimbursed by Social Security), on a personal basis and continuously throughout life. In the same way as French citizens, foreigners can benefit from it, with or without employment. Beneficiaries only have the obligation to reside in France intermittently for more than 3 months. The PUMA can be supplemented by the Solidarity Health Supplement (C2S), if the household’s income is below a certain amount: health costs are then covered 100%. This possibility is also open to regular foreigners after three months of presence in France, always subject to resource conditions.
