Apa at home: can his payment be suspended?
Verified 21 July 2021 - Directorate of Legal and Administrative Information (Prime Minister), National Solidarity Fund for Autonomy (CNSA)
In what cases?
Payment of the Home Apa may be suspended in any of the following cases:
- If you do not report your home care worker or your host family, within one month of notification Apa attribution. To make this declaration to the department services, you must use the form cerfa no. 10544.
- If you do not provide the proof of expenses requested by the department, within one month following this request
- If you don't pay your participation
- If the medico-social team finds that the service provided is not the one prescribed or that it poses a risk to your health, safety or physical or moral well-being
- If you are hospitalized for more than 30 days. Suspension starts on 31e day of hospitalization.
How do I challenge the suspension?
You can challenge the suspension of payment of the Apa at home.
You have to go to a friendly remedy first and then you can go to a litigation remedy.
Compulsory prior administrative appeal (Rapo)
If you challenge a decision on the Apa, you can make a compulsory prior administrative appeal by contacting the department by registered letter with acknowledgement of receipt.
You must make this appeal within 2 months of notification of the decision you are challenging.
Who shall I contact
You can appeal the decision made under the compulsory prior administrative appeal.
To do this, you must file a contentious appeal before the administrative court.
Who shall I contact
You must make this appeal within 2 months of the notification of the decision you are challenging.
Then, if you wish, you can challenge the decision of the administrative tribunal by a appeal to the Council of State.
- Code of Social Action and Families: Article L232-7Compulsory reporting (remuneration of an employee or a support service)
- Code of Social Action and Families: Article L232-12 to L232-20Amicable action: Article L232-20
- Code of Social Action and Families: Articles L232-22 to L232-28Mandatory reporting (hospitalization): Article L232-22
- Code of Social Action and Families: Articles R232-30 to R232-32Mandatory reporting (hospital stay): article R232-22
- Code of Social Action and Families: Articles L134-1 and L134-2Litigation: Article L134-2 paragraph 1