It is now done. A decree, published in the Official Journal this Sunday, March 20 and entered into force on Monday, allows Pôle emploi to access information from “Ficovie”, the file which lists all the life insurance and capitalization contracts taken out with French insurance organizations. As Capital reported in December 2020, this new possibility was granted to the public operator by the finance law for 2021. All that was missing was the implementing decree to make this measure fully operational.
This is one of the new weapons granted to Pôle emploi to further control the unemployed and thus strengthen the fight against social fraud. It thus allows the public operator for employment “to quickly obtain the elements useful for the detection of fraudulent situations and to more effectively take the useful precautionary measures to ensure better recovery of the sums due”, wrote the government in its amendment to the PLF 2021 implementing this new measure.
Objective: strengthen controls over the ASS
Indeed, giving Pôle emploi access to the Ficovie file allows it to “check in particular the consistency of the resources declared by the holders of the specific solidarity allowance (ASS), social minimum paid on behalf of the State” to the job seekers who have reached the end of their entitlement, underlined the Court of Auditors, in a report on social benefits fraud published in September 2020.
Because the payment of ASS is conditional on the resources of job seekers: they must earn less than 1,183.70 euros per month if they are single. This amount includes all the personal resources of the job seeker declared to the tax authorities, among which we can find income from his financial assets. Hence the interest for Pôle emploi to be able to access Ficovie. For the record, this file is managed by the tax authorities and is supplied by French insurance organisations. The latter must declare all subscriptions, modifications and outcomes (total surrender of a contract, death of the insured, etc.) of life insurance or capitalization contracts. Each year, insurers must also declare all operations carried out on current contracts, on which the sum invested is at least 7,500 euros on 1 January.
Note that in view of “the personal nature of the data listed in this file”, “access is reserved for agents individually designated and specially authorized” by the director general of Pôle emploi, specifies the decree published this Sunday.
This new possibility allows the public operator to have an overall view of the recipients’ resources. Indeed, Pôle emploi could already consult the Ficoba file (national file of bank and similar accounts), which lists all the bank accounts opened in France and their holders, as well as the base for the evaluation of real estate, Patrim. The finance law for 2021 also allows the service dedicated to Pôle emploi’s fraud to obtain, from certain private organizations (credit institutions, energy suppliers, telephone operators, etc.), the information necessary to check the authenticity documents provided by job seekers. However, a new decree is expected to make this last measure effective.
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