Personalized social support measure (Masp) or judicial (Maj)
Verified 01 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Accompanying measures are intended to help adults who have great difficulty managing their assets, but who do not have psychological or psychiatric difficulties.
These people must receive social benefits (for example, the RSA: titleContent), but do not use them correctly.
There are 2 types of measurement: personalized social support measure (Masp), set up in agreement with the person in difficulty, and accompanying judicial measure (Shift)which is imposed by the judge. We present you with the information you need to know.
Masp
Masp is implemented by the department's social services.
It is intended to help an adult whose health or safety is threatened by the difficulties he or she encounters in managing his or her resources and social benefits.
The Masp is the subject of a personalized social support contract (Casp).
It can be implemented alone or it can follow on from an accompanying judicial measure (Maj) that ends.
The Masp concerns adults who will spend without reckoning, or who will give their money to strangers for no particular reason and in the usual way.
Reciprocal Commitments
The measure takes the form of a personalized social support contract (Casp) between the department's departments and the person concerned.
The Casp provides for measures to promote the social integration of the individual.
It is also intended that the person concerned by the measure should once again manage his social benefits alone.
The Casp beneficiary may authorize the department's departments to collect and manage, for him, all or part of the social benefits he receives. These benefits may be affected priority to the payment of rent and current rental charges.
Refusal to sign or non-compliance with the contract
If the adult refuses to sign the contract or does not respect it, and has not paid his rent for 2 months, he can be asked to the judge that the social benefits are used first to pay the rent and rental charges.
This request is made by the department's services.
In this case, a direct debit is implemented.
Duration of sampling
This levy may be set up for 4 years maximum.
It must not have the effect of depriving the person of his or her living resources and those of his or her dependants.
The department's services may at any time ask the judge to stop this measure.
Yes, one financial contribution may be requested from the person who has signed a contract.
The amount shall be fixed according to its resources and expenses, up to a maximum.
The revenues taken into account are those received in the year preceding the implementation of the measure.
The levy is paid in installments, as is the case for income tax.
Annual income bracket | Percentage picked | Maximum amount in the tranche | Cumulative maximum amount |
|---|---|---|---|
Enter €11,612.29 and €20,814.72 | 10% | €920.24 | €920.24 |
Enter €20,814.73 and €52,036.80 | 23% | €7,181.08 | €8,101.32 |
Enter €52,036.81 and €124,888.32 | 3% | €2,185.55 | €10,286.86 |
If a judicial representative for the protection of adults (Mjpm) has been appointed, a contribution is also requested on the basis of the income and expenses of the person concerned. In this case, the participation is monthly.
The duration of the contract varies from 6 months to 2 years.
He is renewable after prior assessment. The contract may be amended by agreeable.
The maximum duration of the contract may not exceed 4 years.
The measure shall end at the end of the contract if the objectives set have been achieved.
The department's services inform the public prosecutor of the person's social, financial and medical situation, and of the results of the actions taken with him.
If the measure has not produced the desired effects, the prosecutor can then refer the case to the judge of litigation and protection of the court of justice to open a more binding measure (accompanying measure, safeguard of justice, trusteeship, guardianship).
Shift
Maj is a judge's decision. The latter appoints a judicial representative for the protection of adults (MJPM) to collect and manage, in whole or in part, the social benefits of a person in difficulty. The aim of the measure is to restore its autonomy in the management of its resources.
The Maj is binding, that is to say, it imposes itself on the person concerned.
The following people may be affected by the Shift:
- Major who has been the subject of a personalized social support measure (Masp) which has not made it possible to achieve the envisaged objectives and to make him autonomous in the management of his resources
- Major not subject to a measure of guardianship, of trusteeship or safeguard of justice.
- Major for which any less restrictive action (e.g. application of the rules on the rights and duties of spouses) is insufficient
Role of the Public Prosecutor
The public prosecutor is informed, by a social services report, when a Masp has failed. He is then the alone to be able to apply to the judge for a Maj to be taken. He must inform the department's services.
Role of the Judge of Litigation and Protection (former guardianship judge)
The judge takes his decision after having received the opinion of the public prosecutor and heard or called the person concerned.
It appoints a judicial representative for the protection of adults (MJPM) from among those on a list drawn up and maintained by the prefect.
The judge shall decide on the social benefits to be covered by the measure. It can even extend them to family benefits.
Role of the judicial representative for the protection of adults (MJPM)
The MJPM collects the benefits included in the Shift and charges them to an account opened in the person's name. It can no longer receive them directly.
This account shall be linked to an institution authorized to receive funds from the public.
The MJPM must manage them in the interest of the individual, taking into account his opinion and his family situation. He must provide an educational service for her so that she can eventually manage her benefits on her own. For example, the MJPM teaches him how to prioritize the payment of his invoices, and how to follow his accounts.
The main consequence of Shift is that the affected person no longer manages his social benefits, or even family benefits.
However, the Maj lets him carry out all the acts of civil life. For example, shopping, managing your salary, selling property belonging to you, inheriting.
The judge monitors the measures put in place and can thus adapt them if necessary.
Yes, the individual must contribute to the funding of the measure based on their income and expenses. This participation is monthly.
The revenues taken into account are those received in the year preceding the implementation of the measure.
The levy is paid in installments, as is the case for income tax.
Annual income bracket | Percentage picked | Maximum amount in the tranche | Cumulative maximum amount |
|---|---|---|---|
Enter €11,612.29 and €20,814.72 | 10% | €920.24 | €920.24 |
Enter €20,814.73 and €52,036.80 | 23% | €7,181.08 | €8,101.32 |
Enter €52,036.81 and €124,888.32 | 3% | €2,185.55 | €10,286.86 |
The department's services also finance the Maj on the basis of the social benefits which are the subject of the measure.
The term shall be fixed by the judge.
It's from 2 years maximum, renewable 1 time for 2 years. However, if the judge issues a renewal, his decision must be argued.
Renewal may be requested by:
- Protected person
- Legal agent for the protection of adults (Mjpm)
- Public Prosecutor
The same applies to the termination or modification of the scope of the measure: the judge may do so at any time, of his own motion or at the request of one of the persons mentioned above, after having heard it.
The measure shall automatically terminate if a measure for the protection of justice, guardianship or guardianship is opened.
Who can help me?
Find who can answer your questions in your region
Personalized social support measure
Accompanying judicial measure
Accompanying judicial measure
The personalized social support contract
Maximum contribution from beneficiaries of the personalized social support measure (Article R471-5-3)
Social benefits which may be the subject of a management measure delegated to a third party
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