AAH 2022. The deputies voted several amendments last night, in favor of the deconjugalization of the disabled adult allowance. On the other hand, it should not come into force for many months.
[Updated July 21, 2022 at 8:55 a.m.] On the night of Wednesday July 20 to Thursday July 21, the deputies adopted several amendments in favor of the deconjugalization of the disabled adult allowance (AAH) during the examination of the project purchasing power law. In other words, it would no longer be calculated according to the principle of conjugality, but only on the income of the person with a disability. Deconjugalization should be implemented from October 1, 2023. “If we can go faster, we will go faster” declared the Minister of Labor Olivier Dussopt before the National Assembly. The AAH concerns 1.2 million people, 270,000 of whom are in a couple and will therefore see their rights modified by the reform. This will cost the state more than 11 million euros.
Until then, the AAH was calculated taking into account not only the income of the person concerned, but also the income of his or her spouse. A calculation criticized because it increases the dependence of disabled people on their spouse. This is why the government has promised to reverse it, still in its policy of increasing purchasing power for the French, in these times of galloping inflation (5.8% in June 2022 over one year). To prevent certain beneficiaries of the AAH from being penalized by the introduction of deconjugalization and therefore of a new method of calculating the allowance, the government also wishes to set up a “transitional device” for those who would be likely to see the amount of their allowance reduced, because of this new method of calculation. The objective is to allow these people to keep the amount of their allowance until the expiry of their acquired rights.
As a reminder, the allowance for disabled adults (AAH) is financial assistance that allows you to have a minimum of resources. This aid is granted subject to meeting the criteria of incapacity, age, residence and resources. It is granted by decision of the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH). Its amount supplements any other resources you may have. The amount of the AAH was revalued by 1.8% on April 1, 2022, then by 4% on July 1, 2022. Its amount went from 919 euros to 956 euros for a single person without resources, to take into account galloping inflation (5.8% in June 2022 over one year). To qualify, you must have a disability rate of at least 80%.
The amount of the disabled adult allowance varies according to your situation and your income. We summarize the situations that may arise:
Regarding the amount of the AAH, keep in mind that under certain conditions, the Caf does not take into account the professional income of the person who either stops working to take care of a child under 3 years old or of several children, either is unemployed and is not compensated, or is deprived of employment and benefits from the AAAH, or is a beneficiary of the Rsa.
Sometimes, the Caf makes a flat-rate assessment of annual resources based on the current monthly salary. Also, in the event of separation, divorce or widowhood, the Caf does not take into account the income of your former spouse or partner from the month following the event.
The flat-rate allowance of 5,000 euros provided for in the first paragraph of Article L. 821-3 is applied to income received by the spouse, cohabiting partner or partner bound by a civil solidarity pact which falls under the following categories: (list not comprehensive). To find the complete list, go to the Légifrance website.
Currently, the spouse’s income is taken into account to determine eligibility for AAH (see below). Several associations for the defense of the rights of the disabled and feminist associations are calling for the individualization of the AAH, and one petition has exceeded 100,000 signatures. We then speak of “deconjugalization”, the associations believing that the handicap cannot be a given that is shared.
During her general policy speech before the Assembly on Wednesday July 6, 2022, Prime Minister Elisabeth Borne announced the deconjugalization of the AAH. In other words, the spouse’s income will no longer be taken into account in the calculation. On the right as on the left, the requests were legion during the first five-year term of Emmanuel Macron to proceed, already, to a deconjugalization of the disabled adult allowance. The government had remained indifferent to it until Wednesday, July 6. From now on, the date of entry into force of deconjugalization could be set for October 1, 2023. A deadline that some consider far too distant, and which should be debated heatedly within the Assembly in the coming days.
To benefit from the AAH, it is necessary to be at least 20 years old. Or 16 years old if you are no longer considered dependent on your parents for the allocation of CAF allowances. Since 2017, there is no longer an age limit, however, if your disability rate is between 50% and 79%, the payment of the AAH stops at the age of 60.
To be eligible for the disabled adult allowance, it is necessary to fulfill three conditions relating to age, residence and incapacity. You must be over 20 and reside in France. In addition, you must have a disability greater than 80% or 50-79% correlated with a “substantial and lasting” restriction of access to employment. As a reminder, this rate is assessed by the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH), according to a scale “for the assessment of the deficiencies and incapacities of persons with disabilities”.
Your income is also studied. Categorical net income – which lists all your income (salaries, property income), minus tax charges and allowances – is taken into consideration. Here is a summary of the resource limits not to be exceeded:
Note: income dating back two years is taken into account. Do you want to assess your rights to the AAH? This is possible, thanks to the simulator set up by the State services. To view it, click here.
Yes, it is possible, provided you meet the criteria mentioned above. The service-public.fr site clearly states that the active solidarity income is considered as a subsidiary allowance to other benefits. Clearly, the amount of the RSA will be reduced by the amount of the AAH collected.
There is no automatic renewal of the AAH. Except for people who have been incapacitated by at least 80% since January 1, 2020. However, we recommend that you complete a renewal file to avoid any dispute. The maximum durations of payment vary according to the rates of incapacity. From 1 to 20 years for a rate of at least 80%. Only 1 to 5 years for a rate between 50% and 79% incapacity.
To apply for a disabled adult allowance, you must download the Cerfa form n° 15692*01, here by clicking on the “Approach” box. Once you have completed it, you must send it to the Departmental House for People with Disabilities (MDPH). The answer must be given within four months. Beyond that, you can consider that your request has been rejected.
You must file a declaration of your income with the Family Allowance Fund every three months when you are an AAH recipient and work in an ordinary environment. This declaration makes it possible to adjust, if necessary, the amount of the social benefit. The procedure is simple. Here is how you can make your quarterly declaration: either you use the Cerfa 14208*01 form that you send to the Caf duly completed, or you declare your resources directly online, in your dedicated personal space on the Caf website.
If your file is accepted, the aid is paid to you by the Caf. The duration of payment of the Disabled Adult Allowance varies depending on your situation:
To find out what allowances you are entitled to, in particular the AAH, take advantage of the simulator made available by the government site service-public.fr.
