Competence sharing between ADEM and ONIS
Every applicant under the age of 65 and able to work is profiled by ADEM (Agence pour le développement de l’emploi). This interview enables ADEM to rule on the applicant's ability to join the ordinary job market:
- they are deemed capable to join the job market, in which case they are registered with ADEM and treated as job-seekers. To continue to receive financial aid, they must remain registered and actively look for a job;
- have specific needs in terms of social and professional activation and is referred to the National Office for Social Inclusion (Office national d'inclusion sociale - ONIS) on the basis of a reasoned opinion from ADEM.
The authority may change as their specific situation does.
Reception by ONIS
Upon receiving the reasoned opinion from ADEM, the ONIS invites the REVIS applicant to an information meeting.
If the applicant fails to attend the information meeting without justifiable reason, the ONIS will send them a registered letter asking them to provide documents to support the reason for their absence within 5 working days. This time limit starts from the day the registered letter is sent.
If these documents have not been received after 5 working days, the ONIS will inform the National Solidarity Fund (FNS) of the applicant's failure to comply. In this case, REVIS will not be due during the month in which the unjustified absence took place as well as during the following 3 months.
The applicant then signs a declaration of cooperation with the ONIS, and is referred to the regional social inclusion officer (ARIS), with whom he draws up an activation plan.
Activation plan
The activation plan is valid for a maximum period of one year, but may be renewed.
Where necessary, a new activation plan may be drawn up at any time.
The plan comprises:
- the activation project;
- mutual commitments and a schedule of actions to be undertaken;
- a list of the facilities at the beneficiary's disposal.
In accordance with their activation plan, the beneficiary is registered for the following activation measures:
- stabilization activities;
- work of public utility;
- courses and training sessions;
- therapeutic programmes, treatments or other recovery or rehabilitation measures.
The recipient may be granted temporary dispensations from these measures, but for no longer than one year, if:
- he is raising a child for whom they are receiving family benefits and have no means of childcare;
- he is acting as a caregiver under a long-term care insurance policy;
- he is in the process of completing their "classic" or general secondary education;
- he is physical or mental health, or their social or family situation, are such that the activation plan measures are inadvisable or impossible.
For the duration of these temporary dispensations, applicants will receive the social inclusion benefit.
It should be noted that the recipient under the responsibility of ONIS does not have to be registered with ADEM
Stabilization and / or activation measures are preparatory measures intended to promote the social inclusion of the beneficiary and, where appropriate, improve his employability in order to increase his chances of integration into the labor market. Thus, people who have become able to enter the labor market will be referred by ONIS to ADEM.
Activation benefit
Activation measures of the "work of public utility (TUC)" type are organized with various organizations. The organizations wishing to collaborate with ONIS to organize such measures can contact the relevant department for relationships with organizations.
The provisions of labour law apply to anyone taking part in a "work of public utility" activation plan, with regard to:
- working hours;
- rest time, public holidays, ordinary and extraordinary leave;
- equal treatment, discrimination in the workplace, and harassment;
- employees' protection, health and safety.
A person engaged in a work of public utility as part of their activation plan is entitled to an activation benefit, non-refundable and paid on a monthly basis.
The activation benefit is calculated by the financial service department of the ONIS on the basis of the social minimum wage for an unskilled worker, taking account of the number of hours worked.
The activation benefit is subject to social security contributions (sickness insurance, long-term care insurance and pension), and to income tax as well. The applicable charges and taxes are deducted at source by the ONIS.
This benefit may continue to be paid for at most 3 months when the beneficiary's file is referred back to the ADEM.
If, during the implementation of the activation plan, the FNS learns that the eligibility criteria for the activation benefit are no longer met, it will stop paying the allowance from the first day of the month following that in which it became aware of the information.
Repayment of the activation benefit will be sought if and only if it was unduly received.
PENALTIES
REVIS must be repaid if the beneficiary:
- has infringed the cooperation agreement signed with ADEM, or has refused to take part in one of the proposed employment activation programmes; or
- has refused to cooperate with the ONIS; or
- has failed to comply with the summons sent by the FNS to review the conditions on granting of REVIS.
The amount of REVIS is temporarily reduced for persons for whom the ONIS notes several times any of the following:
- failure to comply with their commitments under their activation plan;
- failure to comply with the schedule of actions set forth in their activation plan;
- refusal to participate in activation measures or stabilization and preparatory measures;
- failure to comply with the terms of the agreement on "work of public utility" activation measures;
- failure to attend, without justifiable reason, an appointment scheduled by the ONIS, after receiving notification to do so by registered letter.
If these behaviors are observed repeatedly, payment of REVIS may be temporarily suspended.