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

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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

British Healthcare in France After Brexit: the S1, the GHIC, PUMA Cover and How to Challenge a CPAM Refusal

Moving to France means joining a healthcare system that works very differently from the NHS. Treatment is shared between the state and the patient, cover depends on your residence status rather than your nationality, and since Brexit a British passport no longer opens the same doors it once did. Some new arrivals discover the gap only when a hospital asks for payment, when the local health fund — the caisse primaire d’assurance maladie, universally known as the CPAM — refuses their registration, or when the URSSAF sends a bill for several thousand euros called the cotisation subsidiaire maladie. Each of these shocks has a legal answer, and most refusals can be challenged within strict time limits. This guide explains the two routes into French cover — the universal residence-based scheme known as PUMA and the British-funded S1 certificate — the levy that catches out early retirees living on British income, and the exact procedure for contesting a refusal, with the statutes and court decisions that decide these cases.

I. Getting covered: PUMA residence cover or a British S1 certificate

British residents in France are normally covered in one of two ways: through French contributions as a worker or a self-employed person, or through residence-based universal cover, or on the British account with an S1 form. Understanding which door is yours determines everything that follows, because applying through the wrong one is the most common cause of refusal.

A. Can I join the French healthcare system (PUMA) as a British resident?

Yes, once you are settled. The foundation stone is Article L.160-1 of the Social Security Code, which provides: “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.” In plain terms, anyone who works in France, or who lives there on a stable and lawful basis without working, is entitled to have health costs covered. Nationality does not appear in that sentence, and that is deliberate: the protection universelle maladie, universally shortened to PUMA, covers British newcomers on the same terms as French citizens once the two conditions — stability and lawfulness of residence — are met.

Stability is assessed first. Article R.111-2 of the Social Security Code treats as stably resident anyone whose home or principal place of stay is in metropolitan France or certain overseas territories, and the British government’s own guidance describes the same working rule: PUMA cover can be applied for once the person has been resident in France for at least three months, with access to state healthcare on the same basis as a French citizen. Three months of genuine settlement is therefore the working rule, evidenced by a lease or title deeds, utility bills, and proof of physical presence. Short stays, holidays, and retained British homes with only occasional French visits do not qualify, and second-home owners who remain British residents should not apply through this route at all.

Lawfulness of residence is the second lock, and since Brexit it matters far more than before. Article R.111-3 of the Social Security Code allows affiliation only to French nationals or to foreigners “en situation régulière au regard de la législation sur le séjour des étrangers en France”, provided they do not already fall under another state’s scheme through European regulations or an international agreement. For a British citizen that means holding the correct permit: a Withdrawal Agreement residence permit (the WARP card) for those settled before the end of the transition period, or the appropriate long-stay visa and residence permit for later arrivals. The detailed conditions of stable residence and lawful stay are fleshed out by decree under Article L.111-2-3 of the Social Security Code. Anyone whose permit has expired without renewal, or who is living in France on a 90-day visa-free stay, will fail this test, and the CPAM is entitled to say so.

If you work in France, the route is different and simpler. Employees are registered by their employer through the employers’ online portal before they start work, and must then apply for a social security number at the local CPAM office as soon as work begins. Self-employed newcomers register through the corresponding channels and pay contributions on their professional income. Private cover should be kept in place while registration is processed, because cover is not instant.

Once the CPAM accepts the file, the mechanics are slow but predictable. A temporary social security number arrives by post after one to three months, followed by the attestation de droits à l’assurance maladie, the document that confirms the right to French state healthcare and the permanent number. Only then can you apply for the green plastic carte Vitale, the card presented at every doctor, pharmacy, and specialist. The British government’s guidance warns that it can take six months or longer to obtain the carte Vitale, and during the wait treatment is paid for upfront with a paper feuille de soins (treatment form) that the CPAM reimburses afterwards. Keep every feuille de soins: without it, reimbursement depends on the goodwill of the fund.

Two warnings complete the picture. First, French state cover is never the whole bill: consultations, medicines, dental and optical care, and hospital stays all leave a balance — the ticket modérateur — for the patient, which is why most residents take out voluntary top-up insurance called a mutuelle. Budget for it from day one. Second, a British-issued EHIC or GHIC must never be used as a substitute for residence-based cover once you live and work in France on a French contract; those cards are for temporary stays, posted workers, and travel, and presenting one as a resident invites the very refusal this article teaches you to challenge. Students are a separate case: those studying in France use a student GHIC or EHIC for temporary stays rather than PUMA, a distinct regime the CPAM applies strictly.

A Paris note, since many British newcomers settle in the capital: affiliation always runs through the CPAM of your place of residence, and Paris has a single fund for all twenty arrondissements, with most steps handled online through an ameli account once the file number exists. In-person appointments should be booked rather than walked in, every document should be uploaded and kept in paper form as well, and correspondence should be sent by recorded delivery from the start. Delays at the Paris fund are common precisely because volumes are high, which makes the written trail — application receipts, appointment confirmations, and copies of each medical certificate or S1 lodged — even more valuable if a CRA appeal later becomes necessary.

B. Do I need an S1 form if I draw a UK State Pension in France?

Often yes, and for pensioners the S1 is usually the better route. Anyone resident in France who receives a UK State Pension or certain exportable British benefits may be entitled to state healthcare paid for by the United Kingdom by registering an S1 form — a certificate in which the British authorities accept financial responsibility for your French treatment. The official British guidance states the rule plainly: Once the S1 is issued, it must be registered at the local CPAM office, after which the holder and dependants access healthcare in France on the same basis as a French citizen. The form is requested from NHS Overseas Healthcare Services, and registration happens at the CPAM exactly like a domestic affiliation, producing the same social security number, the same attestation de droits, and the same carte Vitale. Patient contributions work identically: you still pay part of your medical costs like any French resident, and a mutuelle remains advisable. S1 holders also receive a British-issued GHIC or EHIC for travel, including visits back to the United Kingdom, and access to planned treatment in other European countries through the established funding route.

French law itself pushes foreign pensioners towards this route. Article L.160-6 of the Social Security Code expressly excludes from PUMA, among others, holders of a foreign pension who do not also receive a French benefit, where an international agreement makes the foreign scheme responsible for their treatment costs and those of family members living with them. A British pensioner whose healthcare legally belongs to the British account therefore cannot simply opt for PUMA instead; the CPAM will direct them to the S1. This is coordination, not punishment: the cost follows the pension.

Dependants need attention. Family members may be classified differently in France than in Britain, so their position should be checked with the local authorities when the S1 is registered. A dependant covered through a pensioner’s S1 loses that derived cover on beginning to draw their own UK State Pension, at which point NHS Overseas Healthcare Services sends a new S1 to the registered address — and it must be registered promptly, because any gap in registration is a gap in cover. Address changes and changes of circumstances must be reported to the British issuing service, not only to the CPAM. Frontier workers — those living in one state and working in another — can also qualify for an S1, subject to confirmation of eligibility through the British tax authority’s National Insurance enquiries.

Delays in processing S1 files are a known sore point, and the courts have shown they will sanction them. In a judgment of 22 July 2025 (Lyon social chamber, RG No 21/02018 joined with 23/00656), the Lyon court dealt with a pensioner whose fund had suspended his rights while waiting for the foreign S1 certificate: the CPAM had told him in substance that responsibility for his treatment lay primarily with the foreign institution paying his pension and only reopened his rights many months later once the foreign fund confirmed the position. The court ordered the fund to pay the claimant 1,000 euros for non-pecuniary harm plus 1,200 euros under the legal-aid costs provisions, with all the costs of the proceedings. The lesson for British S1 holders is direct: keep copies of the S1 request, every CPAM letter, and proof of each follow-up, because a file left sleeping for months can become a damages claim. Readers whose retirement income raises French tax questions will find the treaty analysis in our guide to British pensions in France, from the State Pension to private schemes and the France-UK tax treaty.

II. Paying for cover and challenging a refusal

Cover secured, the next questions are money and remedies: what France charges residents who live on capital rather than wages, and what to do when an office says no.

A. Will France bill me the CSM levy if I live on British income in France?

This is the shock that hits early retirees, landlords living on rents, and anyone whose French life is funded by dividends, interest, or capital gains rather than a salary. France charges these residents a specific levy, the cotisation subsidiaire maladie (CSM), collected by the URSSAF. Article L.380-2 of the Social Security Code states: “Les personnes mentionnées à l’article L. 160-1 sont redevables d’une cotisation annuelle” where their French professional income falls below a decree-set threshold and they received no pension, annuity, or unemployment benefit during the year concerned, with the same test applied to a spouse or civil partner. The base is capital income — property income, investment income, capital gains on disposals, non-professional business profits — above a ceiling, at a rate set by decree. In practice, a British early retiree in the Dordogne living on a share portfolio, or a former London landlord living on French rents, can owe several thousand euros a year for the very PUMA cover described above.

The courts have upheld this levy repeatedly, and three Court of Cassation decisions frame the position. On 27 February 2025 (Second Civil Chamber, appeal No 22-21.800, decision published at the Court’s official record), the Court recalled: “En vertu du principe de séparation des autorités administratives et judiciaires posé par l’article 13 de la loi des 16-24 août 1790 et par le décret du 16 fructidor an III, sous réserve des matières réservées par nature à l’autorité judiciaire et sauf dispositions législatives contraires, il n’appartient qu’à la juridiction administrative de porter une appréciation sur la légalité d’un acte administratif.” It then described the levy — “la cotisation subsidiaire maladie est fixée en pourcentage du montant des revenus fonciers, de capitaux mobiliers, des plus-values de cession à titre onéreux de biens ou de droits de toute nature” — recalled that the Constitutional Council, in decision No 2018-735 QPC of 27 September 2018, had declared these provisions constitutional, and ended: “PAR CES MOTIFS, la Cour : REJETTE le pourvoi ; Condamne M. [M] aux dépens”. Challenges to the very existence of the levy therefore fail.

Procedural challenges fail almost as often. On 28 January 2021 (Second Civil Chamber, appeal No 19-25.853, official record), the Court held: “En statuant ainsi, alors que les textes susvisés étaient applicables à la cotisation appelée en 2017 au titre de l’assujettissement à la PUMA pour l’année 2016, le tribunal a violé ces derniers”, and therefore “CASSE ET ANNULE, en toutes ses dispositions, le jugement rendu le 17 octobre 2019”. A year earlier, on 23 January 2020 (appeal No 19-12.022, official record), the Court had reasoned: “Attendu, selon le premier de ces textes, que les personnes mentionnées à l’article L. 160-1 sont redevables d’une cotisation annuelle dont les conditions d’assujettissement, les modalités de détermination de l’assiette et le taux sont fixés par les trois suivants”, censuring a tribunal that had refused to apply them. The Paris Court of Appeal applied the same logic on 27 June 2025 (Pôle 6, Chamber 13, RG No 22/01239), which validated the URSSAF call-up of 15 December 2017 in its full amount of 8,170 euros and ordered the claimant to pay that sum to the URSSAF for the 2016 CSM. An €8,170 bill, contested for eight years through every level, survived intact.

The practical consequences are straightforward. Declare capital income correctly and expect the call-up; verify the year, the base, and the ceiling applied, because errors in computation do occur and are worth contesting; and do not count on delay arguments, since the courts have held that a late call-up is not automatically void — there is no nullity without a statute providing for it. Pensioners receiving a pension, and households where either spouse earns professional income above the threshold, escape the levy, which is one more reason to check whether an S1 or a return to declared activity changes the analysis. Anyone combining French residence with British-source income should model the CSM before choosing a year of early retirement, not after the URSSAF letter arrives.

B. How do I challenge a CPAM or URSSAF refusal in France?

Refusals come in several forms — refusal of affiliation, suspension of rights pending an S1, rejection of reimbursement, a CSM call-up, or a formal demand (mise en demeure) — but they share one procedural spine: the amicable appeal first, the judge second, and short deadlines throughout. Missing a deadline ends more cases than weak arguments ever do.

The first step is compulsory. Article L.142-4 of the Social Security Code provides that contentious claims in the listed social security matters “sont précédés d’un recours préalable, dans des conditions prévues par décret en Conseil d’Etat.” That prior appeal goes to the fund’s internal appeals board, the commission de recours amiable (CRA). Article R.142-1 of the Social Security Code sets the clock: “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, in writing, to the CRA of the fund that decided — the CPAM for affiliation and benefits, the URSSAF for contributions. Send it by recorded delivery, keep the receipt, and attach everything the file lacks: passport, residence permit, proof of three months’ presence, S1 certificate or proof of request, payslips or tax notices, and the decision itself. An incomplete CRA appeal that forces the board to guess is the costliest mistake in this procedure.

If the CRA rejects the claim expressly or stays silent, the dispute moves to court. Article L.142-1 of the Social Security Code defines social security litigation as covering the application of social security legislation and the recovery of contributions, and Article L.211-16 of the Judicial Organisation Code assigns these disputes to specially designated judicial courts — since the reform of the social chambers, the tribunal judiciaire sitting in its social configuration. Proceedings there follow the evidence, not the rhetoric: the Lyon S1 judgment above shows a court condemning a fund to €1,000 in moral damages and €1,200 in costs for mishandling a file, while the CSM cases show courts validating five-figure bills where the fund’s paperwork is in order. Frame the case accordingly — precise chronology, complete exhibits, exact legal basis — and ask for what the forum can give: annulment of the call-up or refusal, reopening of rights with retroactive effect, reimbursement of wrongly paid sums, and, where delay or fault caused proven harm, damages.

A final checklist keeps British claimants out of the standard traps. First, never let a CRA deadline pass while waiting for a document from Britain; file the appeal within two months and complete the file afterwards. Second, never use a visitor GHIC or EHIC as cover once resident, and never present a British EHIC for treatment when registered on a French contract — the funds cross-check, and the resulting recovery action is harder to fight than the original application would have been. Third, treat every mise en demeure from the URSSAF as the start of enforcement, not the end of discussion: contest the underlying call-up through the CRA route and seek a stay where available rather than ignoring the letter. Fourth, diarise the carte Vitale pipeline — temporary number, attestation de droits, card — and chase the CPAM in writing at each stage, because the written trail is what converts a delay into compensation. The system is bureaucratic but lawful, and lawful systems answer to procedure.

Conclusion

Healthcare is the first administration a British newcomer should master, because every other project — working, retiring, letting property, bringing family — assumes it is settled. Workers register through employment, settled residents claim PUMA after three months of stable and lawful presence, pensioners route through the British-funded S1, and everyone budgets for the patient share plus a mutuelle. Those living on capital rather than wages must price in the CSM levy, which the highest courts have repeatedly upheld, including an €8,170 assessment confirmed euro by euro on appeal. And when an office refuses, suspends, or bills incorrectly, the answer is procedural: CRA within two months, then the social chamber of the tribunal judiciaire, with a documented file that lets the judge see exactly where the administration went wrong. Handled in that order, even a refusal becomes manageable — which is precisely what the Lyon and Paris decisions, read together, demonstrate.

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

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