This is little-known information, but it turns out that the social assistance received by the most precarious must be reimbursed upon their death. In fact, so-called “non-contributory” social aid and benefits have the status of advances which, in different situations, can be claimed in a recovery action. Even if this reimbursement is to be made in a particularly regulated context, it must still be made within five years following the death of the beneficiary of the benefits. Decryption.
The rules of succession are sometimes unclear and it is important to be informed to avoid unpleasant surprises when the time comes. Thus, social assistance can be claimed in different contexts, up to five years after the death of the beneficiary. Article L132-8 of the Code of Social Action and Families (CASF) therefore explains that the recovery action can be made against the beneficiary of social assistance who has returned to better fortune. This action takes place when the person is still alive, but it can also be taken against the donee, when it took place within the ten years preceding the request.
This recovery action also has the possibility of being registered against the legatee. In this scenario, it is the beneficiary of a legacy granted by the beneficiary upon his death who is concerned. The beneficiary of a life insurance contract also has the capacity to be held liable, but this recourse only occurs when no other means of recovery has been found. When the life insurance contract belongs to several different people, the recovery is made pro rata to each person’s share.
Not all aid is recoverable. The social assistance concerned is old age allowances paid by Carsat, the retirement insurance fund or the MSA, such as the solidarity allowance for the elderly (ASPA). Remember that this is a monthly income paid to guarantee the most precarious retirees a sufficient level of resources.
With the pension reform implemented on September 1, the ceilings for net inheritance assets increased to 100,000 euros in mainland France and 150,000 euros in overseas territories. The recovery now applies to the part which exceeds 100,000 euros.
At the same time, other aid can never be recovered. This is, for example, the case of active solidarity income, the compensation benefit for disabled people, the allowance for disabled adults, the compensatory allowance for third parties or even the education allowance of the disabled child.
Furthermore, it is impossible to obtain recovery for the sums paid under the personalized autonomy allowance. As mentioned by our colleagues at MoneyVox, the Council of State nevertheless recalled, in 2010, that “benefits, even non-recoverable, can always be claimed from the heirs if they were paid in error”.
