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Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

British Healthcare in France After Brexit: CPAM, PUMA, GHIC and How to Challenge a Refusal or a Bill

Since 1 January 2021, British citizens have lived in France as third-country nationals. That single change rewrote the healthcare equation: the European Health Insurance Card issued by the United Kingdom no longer opens permanent cover, residence alone no longer creates an automatic right, and every adult without French employment must actively claim a place in the French system. The route most British residents take is called PUMA, the protection universelle maladie (universal health protection), administered locally by the CPAM, the caisse primaire d’assurance maladie (local health insurance fund). The application looks administrative, almost routine, until the fund asks for three months of proof of presence, a valid residence permit, and evidence that no other State remains competent for your cover — and then refuses, delays, or backdates your rights to the wrong date. A hospital invoice of several thousand euros often follows.

This guide explains, for a British reader living in France or planning the move, how affiliation through PUMA actually works, where the British-issued GHIC (Global Health Insurance Card), the old EHIC and the S1 portable document still fit, what the yearly CSM (cotisation subsidiaire maladie, supplementary health contribution) bill means for early retirees living on capital income, and how to challenge a refusal, a late start date or a contribution notice within the time limits that French courts enforce strictly. It draws on the statute in force on 3 October 2026, official guidance from service-public.fr, ameli.fr and GOV.UK, and three recent court decisions that show how judges apply these rules when an insured person and a fund disagree. French terms are explained at first use throughout.

I. How a British Resident Gets French Health Cover After Brexit

A. Joining the CPAM Through PUMA: Who Qualifies, What Proof the Fund Asks For, and When Rights Start

PUMA is the safety net that gives every adult a personal right to reimbursement of healthcare costs (prise en charge des frais de santé) once employment-based affiliation ends or never begins. The statute states the principle in one sentence: “Toute personne travaillant ou, lorsqu’elle n’exerce pas d’activité professionnelle, résidant en France de manière stable et régulière bénéficie, en cas de maladie ou de maternité, de la prise en charge de ses frais de santé dans les conditions fixées au présent livre.” Two adjectives carry the whole weight of the provision: residence must be stable and régulière (lawful). For a British national after Brexit, each of them needs unpacking.

Stable residence means your home (foyer) or your main place of stay (lieu de séjour principal) is in metropolitan France or in the listed overseas collectivities. The regulation adds a measurable test: for the benefits that include PUMA, a person is deemed to have their main stay in France where they remain personally and effectively on French territory for more than six months of the calendar year, and the provision closes with a sentence that practitioners quote to every client facing a thin file: “La résidence en France peut être prouvée par tout moyen.” In practice, however, the CPAM applies a second, operational threshold before it opens a file at all: three months of continuous, documented presence on French soil. Utility bills, rent receipts, bank statements showing everyday spending in France, school certificates for children, and travel records all count, and the fund is entitled to ask for a chain covering the full three months rather than a single recent invoice. British newcomers who keep a house in Kent, commute back and forth, and spend fewer than half their nights in France regularly discover that their file stalls on this point, even where they pay French income tax: tax residence and social-security residence obey different tests, as the Paris appeal court confirmed in a CSM dispute discussed below.

Lawful residence (régularité du séjour) is the second lock. The regulation provides that, apart from French nationals, beneficiaries must hold a lawful position under immigration law, in these terms: “les personnes qui sont de nationalité française ou sont en situation régulière au regard de la législation sur le séjour des étrangers en France.” For Britons, that means a valid residence document: the Withdrawal Agreement card (commonly called the WARP card, titre de séjour accord de retrait du Royaume-Uni de l’Union européenne) for those settled before 31 December 2020, or, for later arrivals, a long-stay visa followed by the appropriate carte de séjour — visitor (visiteur), employee (salarié), self-employed (entrepreneur/profession libérale), student (étudiant), or family member (vie privée et familiale). A ministerial order lists the accepted permits, and funds check the document presented on the day of the application, including where the file is examined after the document’s expiry date. Visitors on a 90-day visa-free stay cannot open PUMA rights: short-stay presence is neither stable nor, for healthcare purposes, sufficient.

Children follow a simpler path. Minors who do not work are covered as dependants (ayants droit) of an insured parent, provided parentage, including adoptive parentage, is legally established. A child who reaches sixteen may ask to be covered in their own right. Newborns should be declared to the CPAM promptly, because maternity and early-childhood reimbursements attach to the parent’s file from birth only where the declaration is made.

Once the file is complete, the fund issues a social security number (numéro de sécurité sociale), opens an ameli online account, and orders the green carte Vitale (electronic health insurance card presented at every appointment). Reimbursement then follows the standard French pattern: roughly 70 per cent of the regulated tariff (tarif de convention) for most consultations, 80 per cent for hospital stays beyond the daily flat fee (forfait journalier hospitalier), and lower rates for branded medicines with a generic equivalent. The 30 per cent balance (ticket modérateur), fee overruns (dépassements d’honoraires) charged by sector-2 doctors, and the flat daily hospital charge stay with the patient unless a top-up policy (mutuelle or complémentaire santé) covers them. Low-income households can claim the C2S, the complémentaire santé solidaire (means-tested public top-up cover), which is free below one ceiling and available for a modest monthly contribution up to 35 per cent above it: “Les personnes mentionnées à l’article L. 160-1 ont droit à une protection complémentaire en matière de santé dans les conditions suivantes : 1° Sans acquitter de participation financière lorsque leurs ressources ainsi que celles des autres personnes membres du même foyer sont inférieures à un plafond déterminé par décret” Every British resident should also declare a treating doctor (médecin traitant); consulting outside the coordinated pathway (parcours de soins coordonnés) without a referral cuts reimbursement to 30 per cent of the tariff.

Timing matters because hospital treatment does not wait for paperwork. The CPAM opens residence-based rights from the date it receives the complete file, not from the date of arrival. Backdating is possible only within narrow limits, and courts refuse it where the file was incomplete. In April 2025 the Amiens appeal court rejected a woman’s claim for retroactive cover to July 2022 where the fund had opened rights on 13 September 2022, holding that “Les droits à l’assurance maladie ont été ouverts le 13 septembre 2022, date à laquelle elle a réceptionné un dossier complet. Les deux conditions cumulatives permettant d’accorder la rétroactivité des droits, dans la limite de deux mois, n’étant pas remplies, le refus de rétroactivité est parfaitement justifié.” The court then “Déboute Mme [T] [J] de sa demande tendant à l’ouverture rétroactive de ses droits à l’assurance maladie au 19 juillet 2022”, leaving the hospital invoice with the patient. The lesson for British families is practical: file early, keep proof of every submission, and do not schedule non-urgent hospital care in the gap between arrival and the fund’s written confirmation.

B. Where the British GHIC, the Old EHIC and the S1 Still Fit — and Where They Stop Protecting You

Many British households arrive with a card in their wallet and assume it covers the move. It does not. Three different British-issued documents circulate, and each has a defined, limited job.

The UK GHIC is the post-Brexit replacement for tourists and temporary stays. It entitles the holder to medically necessary treatment (soins médicalement nécessaires) during a short stay in France on the same terms as an insured French resident — emergency care, ongoing treatment for a chronic condition, maternity care that cannot wait until return — but it never replaces residence-based cover, it never covers planned treatment sought deliberately in France, and it never proves lawful residence for a PUMA application. The old UK-issued EHIC remains valid only until its printed expiry date and only for holders covered by the Withdrawal Agreement; once it expires, the GHIC replaces it for the same temporary-stay purpose. Neither card pays the patient’s share of French tariffs, neither reimburses private-sector overruns, and neither spares the holder from advancing fees where the provider does not operate direct settlement (tiers payant).

The S1 portable document (document portable S1, certificate of entitlement to healthcare paid by the United Kingdom) plays a different role. It allows certain categories — British State Pensioners drawing a UK pension while living in France, and a shrinking group of pre-2021 insured residents — to register with the CPAM while the United Kingdom reimburses France for their care. Registration runs through the local fund on presentation of the S1, and holders also receive a UK-issued GHIC or EHIC for travel. For pensioners this route is usually more favourable than PUMA: it avoids the residence-duration examination and, crucially, it can affect liability for French social charges on pension income. But the S1 has strict personal scope. A British early retiree living in the Dordogne on rental income and dividends, with no UK State Pension in payment and no employment, generally cannot obtain one; the CPAM will redirect that household to PUMA. Workers who split their activity between the two States fall under the single-legislation principle of Regulation (EC) No 883/2004 on the coordination of social security systems, which assigns each worker to one State’s legislation at a time — a point the Bourg-en-Bresse social court restated in 2026 when it recalled that the provision “édicte les principes d’unicité d’affiliation et de rattachement du travailleur à la législation de l’État membre dans lequel il exerce son activité”. A frontier worker employed in London two days a week while living in Paris cannot simply choose the cheaper or faster system; the coordination rules choose for them.

The GOV.UK guidance page for British nationals living in France confirms this architecture: residents should register with the French system, S1 holders through the S1 route and others through PUMA, while keeping a GHIC for travel elsewhere in the European Union. British readers planning a move around retirement should therefore sequence three steps months before departure: confirm S1 eligibility with the NHS Overseas Healthcare Services, where eligible apply up to 90 days before the move, and where not eligible assemble the PUMA file — passport, residence permit or visa, birth certificate with apostille and certified translation, proof of address, three months of presence evidence, and, for S1-adjacent cases, proof that the United Kingdom is no longer competent. Households that need a fuller map of the first year — visa, residence permit and insurance — can start from the companion guide to retiring to France on a visitor visa, from resources and insurance to refusal remedies, which covers the residence side of the same move.

One warning deserves emphasis because it generates the most painful invoices. France applies prior authorisation for certain planned hospital treatments received by non-residents, and a GHIC presented for treatment that the French fund classifies as planned rather than necessary can be rejected after the event, leaving the full private tariff due. British visitors who travel to France specifically for an operation, dental implants or fertility treatment should arrange an S2 authorisation (autorisation préalable S2) or a private funding route before booking anything. The GHIC is a travel safety net, not a treatment ticket.

II. When the Fund Says No or Sends a Bill: Refusals, Late Start Dates and the Yearly Contribution

A. Challenging a Refusal, a Delay or a Retroactivity Decision: the CRA, the Tribunal, and the Time Limits Courts Never Forgive

CPAM refusals follow recognisable patterns. The fund rejects PUMA affiliation for lack of three months’ presence evidence, for an expired or unsuitable residence document, for suspected cover by another State (an unclosed British National Insurance record, an overlapping S1, or employment declared to HMRC but not to the Urssaf), or for an incomplete file that the applicant believed was complete. Retroactivity refusals, as the Amiens case shows, arise where care was received before the complete-file date. Contribution notices, examined in the next section, form a separate stream.

Every challenge runs through the same two-stage procedure, and the first stage is compulsory. The insured person must first lodge a complaint (réclamation) with the fund’s friendly-appeal board, the CRA — the commission de recours amiable (internal appeals board of the social security fund). The statute makes this prior complaint a condition of any court action: “Les recours contentieux formés dans les matières mentionnées aux articles L. 142-1 , à l’exception du 7°, et L. 142-3 sont précédés d’un recours préalable, dans des conditions prévues par décret en Conseil d’Etat.” The regulation fixes the complaint period with brutal clarity: “Cette commission doit être saisie dans le délai de deux mois à compter de la notification de la décision contre laquelle les intéressés entendent former une réclamation.” Two months from notification, not from understanding, not from appointing an adviser. The complaint should be sent by registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception), identify the decision by date and reference, attach the missing or corrective evidence in full, and state expressly that it is a CRA complaint so that it is registered as one rather than filed as general correspondence.

If the board rejects the complaint expressly or stays silent for two months (an implied rejection, rejet implicite), the second stage opens before the judicial court (tribunal judiciaire), social division (pôle social), whose jurisdiction over social-security disputes is defined by “Le contentieux de la sécurité sociale comprend les litiges relatifs : 1° A l’application des législations et réglementations de sécurité sociale et de mutualité sociale agricole”. The court must be seised within two months of the board’s express or implied decision. The Bourg-en-Bresse judgment of June 2026, concerning a worker who sought French affiliation while employed in Switzerland, recites the complete chain in terms every British litigant should memorise: “le différend doit être soumis à une commission de recours amiable et le tribunal doit être saisi dans un délai de deux mois à compter de la date de notification de la décision explicite de rejet ou de la date de la décision implicite de rejet de la commission de recours amiable.” The same judgment adds that a missed coordination deadline cannot be saved by good faith: “La bonne foi de l’assuré est sans incidence sur le délai imposé par les textes.” French social courts apply that sentence to domestic time limits with equal rigour. Late CRA complaints and late court applications are declared inadmissible (irrecevable) without examination of the merits, however strong the underlying file.

There is one procedural protection worth knowing. The two-month forfeiture (forclusion) for missing the court deadline can be held against the claimant only where the fund’s notification stated the deadlines and the method of appeal. A bare refusal letter with no mention of the CRA, its address and the two-month period is vulnerable on that ground, and experienced representatives always check the notification’s footer before conceding that a deadline was missed. Conversely, where the letter did contain the required information, no excuse — language difficulty, recent arrival, reliance on informal advice at the counter (accueil) — restores the period.

On the substance, British claimants win where they close the exact gap the fund identified. Presence disputes are won with continuous documentary chains: dated travel records proving uninterrupted stay, monthly bank activity in France, attestations from landlords, and, in Paris and the inner suburbs, anyway expect the fund to count nights rather than intentions. Lawful-stay disputes turn on the permit produced on the application date; a renewal receipt (récépissé de demande de carte de séjour) can suffice where the regulation’s assessment-date rule applies, but an expired short-stay stamp cannot. Competence disputes — the fund’s claim that Britain remains responsible — are resolved with closure evidence: S1 termination, A1 posting certificate expiry, or a liaison-body letter. Dependants’ cases invoke “bénéficient de la prise en charge de leurs frais de santé en tant qu’ayants droit d’un assuré social les enfants mineurs n’exerçant pas d’activité professionnelle qui sont à sa charge, à condition que la filiation, y compris adoptive, soit légalement établie”, which means translated birth certificates and, for adoptive filiation, the judgment. Costs follow the usual rule: each side bears its own counsel fees unless the court awards a sum under article 700 of the Code of Civil Procedure, and court fees (dépens) follow the loser.

B. The Yearly Bill Nobody Warned You About: the CSM Contribution on Capital Income and How to Contest It

The second shock, usually arriving one to two years after settlement, is a payment notice from the Urssaf, the contribution-collection network (unions de recouvrement des cotisations de sécurité sociale et d’allocations familiales). British early retirees and independently wealthy households affiliated to PUMA without French employment income can owe an annual contribution on their capital income: the CSM. The statute defines the payers as the persons covered by PUMA whose French professional income sits below a threshold set by decree and who received no pension, annuity or unemployment benefit during the year, with the mirror condition applied to a married or civil-partnered spouse. The assessment base (assiette) is capital income — property income, investment income, taxable capital gains, non-professional trading and freelance profits — plus, by an anti-avoidance tail, lifestyle elements (éléments de train de vie) enjoyed anywhere in the world where they escape the standard base. The rate is set by decree and declines as professional income rises toward the threshold.

Three misunderstandings generate most disputes. First, paying French income tax does not create CSM liability by itself, and not paying it does not remove it: the Paris appeal court in March 2025 decided a case in which the contributor argued precisely that his French tax assessment proved nothing about his social-security residence, and the court examined the residence evidence on its own terms rather than deferring to the tax file. Second, the thresholds, rates, allowances and ceiling move by decree, so last year’s forum answer is not this year’s liability; the notice for year N arrives in year N+1 on the basis of the tax data transmitted by the revenue administration (administration fiscale), which is why the bill feels retrospective. Third, the amounts can be severe. In the Paris case the fund claimed 99,196 euros for a single year, and the court closed its judgment with an order in these terms: “CONDAMNE [L] [M] [D] à payer à l’Urssaf [Localité 3] la somme de 99 196 euros au titre de la CSM de l’année 2016”, while “VALIDE la mise en demeure du 19 avril 2019 d’un montant de 99 196 euros au titre de la CSM de l’année 2016 à hauteur de 99 196 euros”. British households with large UK-source dividends, buy-to-let portfolios or one-off gains recycled through a French tax return should model this charge before choosing PUMA over private insurance or an S1 route where available.

Contesting a CSM notice follows the same CRA-then-court path, but directed to the Urssaf rather than the CPAM: CRA complaint within two months of the contribution call (appel à cotisations) or the formal demand (mise en demeure), then the judicial court on express or implied rejection. The Paris litigation shows the anatomy of a serious challenge — three parallel applications (against the initial call, against the formal demand, against the board’s express rejections), joinder (jonction) of the files, argument over the formal validity of the call, and, on the merits, a residence file built from passports, travel days, tenancy records, banking geography and family ties. The contributor’s core proposition deserves quotation because it states the defence available to mobile Britons: liability turns on working or residing in France in a stable and lawful way, and, as counsel put it, only 78 days of discontinuous presence in France during the year could not establish that test, whatever the income-tax position. Defences that succeed in reported cases attack the assessment base (excluded income wrongly included, double counting of household income, lifestyle elements already taxed), the threshold computation (professional income understated), or the formal regularity of the call and the demand. Defences that fail invite the fund to prove presence through border, banking and lifestyle data the household did not volunteer. Any British recipient of a five-figure CSM notice should therefore preserve travel evidence for the year assessed, reconcile the Urssaf base line by line with the income-tax notice (avis d’impôt), and lodge the CRA complaint within the two months even while settlement discussions continue, because the clock does not pause for negotiation.

A final Paris and Île-de-France note, since many British readers settle in the capital. Affiliation runs through the CPAM de Paris for Paris addresses and through the fund of the département of residence elsewhere in the region; funds in high-demand areas examine presence chains closely and answer slowly, so file by registered post or through the ameli account with saved receipts, keep a dated copy of every page sent, and diary the two-month CRA deadline from each refusal or demand. Where care is urgent and cover is disputed, ask the hospital’s social service (service social hospitalier) and the fund for interim handling in writing rather than assuming the GHIC will absorb a planned admission. Paper preserves rights; telephone assurances do not.

Conclusion

Healthcare is the administrative hinge of a British move to France: without a residence permit there is no PUMA, without PUMA or an S1 there is no continuous cover, and without continuous cover a single hospital stay can erase a year’s budgeting. The system itself is generous once entered — personal, lifelong, with dependants included and a public top-up for modest incomes — but entry is documentary, deadlines are short, and the yearly CSM bill awaits inactive households living on capital. The files that succeed share three traits: they are filed early with a complete three-month presence chain, they state the correct coordination position vis-à-vis the United Kingdom from the outset, and they challenge every adverse decision through the CRA within two months and then, where needed, before the judicial court with the missing evidence attached. British residents who treat each letter from the CPAM or the Urssaf as the start of a deadline rather than the end of a discussion keep every remedy open; those who wait, negotiate informally, or rely on a travel card beyond its purpose discover, like the litigants in the Amiens and Paris cases, that French social courts enforce procedure first and examine sympathy never.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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