For the family benefits service in the CAMTI social security regime, not treating parents who are in a couple but living apart in the same way as married or co-habiting couples

The High Commissioner was approached after Caisses Sociales de Monaco (CSM) refused to grant the son of a Monegasque resident affiliated to CAMTI (the social security fund for self-employed people) illness and family benefits, despite her son living with her. CSM had argued that the father of the child, with whom she was in a relationship as a couple but not married or co-habiting, was resident in France and was therefore entitled to claim benefits for their shared child in that country. After conducting an in-depth legal analysis of European and Monegasque law, the concept of households, and the child’s place of residence, the High Commissioner concluded that the circumstances of a couple who have chosen to live apart could not, for the purposes of determining their entitlements under the CAMTI regime, be treated in the same way as a married or co-habiting couple, since it supposes that the parties concerned live under the same roof. The High Commissioner recommended that the entitlement to benefits be based upon the child’s place of residence, with the parent responsible for their day to day care.

The entire recommendation is available on the site in french version only.