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Can the Apa or PCH be used to pay an employee or family caregiver?
Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
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Are you receiving a personalized independent living allowance (AAL) or disability compensation benefit (DCH)? You can use these aids, subject to conditions, to pay a home care worker (in direct employment or through a service provider) or to compensate a family caregiver.
You touch the Apa
The Apa can be used to pay a home care worker or pay a service provider.
You can pay any person as a home care worker, unless that person is person you live with as a couple.
That person will then be employed as a home care worker and you become an individual employer.
Your steps to declare salaries to the Urssaf must be done through the Declarative Cesu.
You can also pay for a licensed home care service provider (association or company of personal services) through the Apa. In this case, because you pay an invoice to the claimant, you are not an individual employer.
FYI
if you do not collect the AAA or the PCH, and your resources allow you to do so, you can pay a personal care home help.
You're touching PCH
You can use the PCH to pay a live-in caregiver, pay a service provider or compensate a caregiver.
Remunerating a home health worker
You can hire an employee directly, unless they are:
- Person you live with as a couple
- Your father or your mother
- One of your children
- Retired person
- Person engaged in a full-time professional activity
However, you can pay any member of your family, including the person you live with in a couple, if your health condition requires full support for most essential daily activities and a constant or near-constant presence.
By hiring the employee, you become an individual employer.
Your steps to declare salaries to the Urssaf must be done through the Declarative Cesu.
You employ the employee directly
The amount of the human aid for paying home help is €16.88 per hour.
This amount may vary depending on the care provided to the employer with a disability.
You're using an agency
The amount of human aid is €18.57 per hour.
This amount shall be indexed to the pay scale provided for in the national collective agreement for individual employers and homeworkers.
Paying for a service provider
Yes, you can also pay for a licensed home care provider service (association or company of personal services) through the PCH.
The rate of the human aid to compensate the home care worker is €23.00 per hour.
This rate may vary depending on the agreement between the department and this home help service.
This amount is indexed to the pay scale provided for in the Home Support Sector Agreement of 29 March 2002 on jobs and remuneration.
In this case, because you pay an invoice to the claimant, you are not an individual employer.
Compensating a family caregiver
You can use the PCH to compensate a family caregiver who cannot be paid as a home care worker (e.g., a retired person or the person you live with as a couple).
The latter must not have any subordinate relationship with the disabled person.
This compensation is a sum of money and not a salary.
Its amount shall be calculated on the basis of 50 % of the Net hourly minimum for family jobs, or €4.39 the time or €6.59 if the family caregiver reduces or abandons his or her professional activity.
FYI
if you don't collect the AAA or the PCH, and your resources allow it, you can pay a personal care home help.
- Public Health Code: Article L1111-6-1Definition of the caregiver of a person with a disability
- Code of Social Action and Families: Articles L113-1 to L113-4Definition of the caregiver of an elderly person (Article L113-1-3)
- Code of Social Action and Families: Articles L232-3 to L232-7Possibility of using the Apa to employ a caregiver except the person with whom you live as a couple (article L232-7)
- Code of Social Action and Families: Articles L245-1 to L245-14Use of the PCH to compensate or compensate the family caregiver (L245-3 and L245-12)
- Code of Social Action and Families: Articles D245-5 to D245-9Definition of caregiver (R245-7), use of PCH to pay caregivers (D245-8)
- Bofip-Taxes n°BOI-RSA-CHAMP-10-10-20 relating to the remuneration paid to family caregivers
- Order of 28 December 2005 fixing the rates for the component of the compensation service
- Order of 25 February 2016 fixing the tariffs for the element of the compensation service
- Agreement of 29 March 2002 on jobs and remuneration of home help
- National Collective Agreement of Individual Employers and Homework of March 15, 2021
- Allowances and assistance for the elderlyService-Public.fr
- Individual Employer: Home Support Worker (Personal Services)Service-Public.fr
- Disability Compensation Benefit (DCP)Service-Public.fr
- For the elderly.fr (loss of autonomy)National Solidarity Fund for Autonomy (CNSA)