For a British citizen who has settled in France, moving into an établissement d’hébergement pour personnes âgées dépendantes (EHPAD, a French residential care home for older people who need continuing support) raises a question that is both financial and legal: who must pay the bill, and how can the balance be challenged? The answer is not found by looking only at the sterling amount arriving in a bank account. A French EHPAD invoice normally separates accommodation, dependency and medical care. Different benefits apply to each part, and a French department may examine the resident’s resources, residence status and family support obligations before awarding assistance.

The main public contribution is l’aide sociale à l’hébergement (ASH, social assistance towards accommodation). It is different from l’allocation personnalisée d’autonomie (APA, the personal autonomy allowance), which normally reduces the dependency element. Brexit does not create a special British tariff, but it often leaves the file full of UK pension statements, foreign bank records, civil-status documents and evidence of residence. This guide explains the calculation, the treatment of UK pensions, the position of adult children living in the United Kingdom, the documents to prepare and the correct appeal route. It also highlights the decisions that matter when a department refuses ASH, proposes an excessive contribution or seeks payment for an earlier period.

I. How are French care home fees calculated for a British resident in France?

A. What do EHPAD, APA and ASH actually pay for?

The starting point is the invoice, not the person’s nationality. An EHPAD bill is built around three services. The tarif hébergement is the accommodation tariff: the room, meals, cleaning, laundry, administration and the ordinary hotel services supplied by the home. The tarif dépendance is the dependency tariff: it reflects the assistance required for everyday activities. The tarif soins is the medical-care tariff, normally financed through French public health insurance rather than billed to the resident in the same way as accommodation.

The official Service Public guidance on financial assistance when entering an EHPAD explains that the resident’s monthly bill normally contains the accommodation price and the dependency price. This distinction prevents a common mistake: treating the whole invoice as if it were a single care charge. The dependency tariff is linked to the person’s level on the French groupes iso-ressources scale (GIR, the autonomy classification used to calculate dependency charges).

The GIR scale matters for APA. A person assessed in GIR 1 to GIR 4 may receive APA in an EHPAD, subject to the statutory conditions and the person’s resources. The allowance normally pays part of the dependency tariff, not the basic accommodation price. A person in GIR 5 or GIR 6 does not receive APA for the dependency tariff, although the lowest dependency tariff may still be relevant to the final bill. The official Service Public summary of financial assistance when entering an EHPAD confirms that APA, housing assistance and ASH may be combined, but that each benefit addresses a different part of the cost.

ASH is the safety net for the accommodation side where the person cannot meet the authorised charge from their own resources and the applicable family contribution. It is paid by the French département, the local authority responsible for this social-assistance decision. ASH is not available at every home: the EHPAD must have places authorised for recipients of social assistance. A cheaper private room in a non-authorised home may therefore be less useful for a person who needs ASH than a place in an authorised home. The home’s status should be checked before signing a contract or relying on a proposed monthly figure.

Service Public’s page on ASH for an older person, verified on 1 January 2026, sets out the practical eligibility points. The person generally must be over 65, or over 60 if recognised as unfit for work; must live in France in a stable and regular manner; must be in a qualifying establishment; and must have income below the accommodation costs. For a British national, the page also states that a valid residence permit is required in addition to stable and regular residence. The dossier should therefore identify the basis of residence clearly, including the relevant post-Brexit residence document where applicable.

The application is normally made through the mairie or the centre communal d’action sociale (CCAS, the local municipal social-action centre) of the person’s commune of residence. It is not a private negotiation with the EHPAD alone. Service Public says that the supporting papers include identity and address evidence, tax notices, the last three months of pensions or wages for the resident and their spouse or partner, similar documents for the people who may owe family support, and the list of those people. It also says the application should be made within two months after entry if the applicant wants the assistance to begin from the date of entry. Keep proof of the date on which the application was lodged.

The remaining sum is the reste à charge, meaning the balance still payable after the resident’s resources and applicable benefits have been taken into account. It should be calculated line by line. Ask the home or the department for the accommodation tariff, dependency tariff, APA decision, housing assistance, resident contribution, proposed ASH and any family contribution as separate figures. A letter saying simply “the family must pay the deficit” is not a sufficient explanation of the legal basis or the arithmetic. It may conceal an omitted APA payment, a wrong GIR tariff, a benefit paid directly to the home or an exchange-rate error affecting a UK pension.

There is also a protected minimum for a person admitted to social assistance. Article L. 132-3 of the Code de l’action sociale et des familles (CASF, the French Social Action and Families Code) provides that resources are applied to accommodation and maintenance costs within a limit of 90 per cent, subject to the statutory exceptions and minimum. The official text refers to resources “dans la limite de 90 %”. Article R. 231-6 of the same code sets the method for the minimum amount left available. The official Article R. 231-6 text states that the minimum is linked to one hundredth of the annual minimum old-age benefits, rounded to the nearest euro, where the accommodation includes maintenance. The exact amount and departmental calculation should be checked against the current decision, not copied from an old example.

The Conseil d’État explained this protection in its decision of 12 May 2022, no. 454403. It held that the 90 per cent contribution must be applied after expenses imposed by law and that an older person receiving social assistance must retain access to ten per cent of resources, subject to the statutory floor. The court’s reasoning is especially relevant where a British resident has a court-appointed representative, protection costs or another expense that has been incorrectly treated as optional. Those expenses may need to be identified before the 90 per cent calculation is made.

B. How are UK pensions, savings and foreign income assessed?

The means test is broader than the French tax return. Article L. 132-1 CASF says that the assessment takes account of professional and other income and the capital value of assets that do not produce income. The official wording refers to “des revenus professionnels et autres et de la valeur en capital des biens non productifs de revenu”. For a British applicant, that wording makes it unsafe to assume that an asset or payment disappears from the analysis merely because it is held in the United Kingdom or paid in pounds.

A UK State Pension is still a UK pension even when it is paid into a French bank account. GOV.UK confirms that a State Pension can be claimed while living abroad and can be paid into a bank in the country of residence or into a UK account. The current GOV.UK guidance on claiming State Pension abroad also explains that an overseas payment is usually converted into the local currency at the time of conversion. For ASH, the relevant question is not whether the money passes through a French account. The department will want to understand the amount, frequency, legal nature and availability of the income, and may request evidence in both pounds and euros.

Prepare the UK evidence as a coherent schedule. Include the DWP award or pension letter for the State Pension, statements for private or workplace pensions, annuity statements, evidence of any UK benefit, bank statements showing actual credits and the relevant French tax notice. If a pension is paid gross in the United Kingdom and taxed in France under the France–UK tax treaty, attach the tax calculation separately. The taxable amount and the amount available to meet the EHPAD bill are related but not identical questions. A pension may be shown gross on one document, net on a bank statement and converted at a different date by a bank. Explain each difference rather than allowing the department to select the highest figure without context.

The exchange-rate issue deserves its own page in the file. Record the sterling amount, the date received, the euro amount used by the department and the source or method of conversion. Do not average a year of fluctuating payments if the decision uses a monthly resource figure. Do not use a favourable rate for income and a different unfavourable rate for expenditure without explaining why. If the department has converted a UK pension using an unexplained rate, request the calculation and supply a month-by-month table. The aim is not to argue that sterling income is exempt; it is to make the resource base verifiable.

Savings and investments require the same discipline. UK bank accounts, investment accounts, an ISA, an investment bond, a purchased annuity or a pension drawdown may each have a different legal and accounting character. A cash balance is not automatically monthly income, while an investment that produces no declared income may still raise the capital-value issue under Article L. 132-1. Provide statements and explain whether the figure is income, capital, a one-off withdrawal or a repayment. If a British property is rented, show rent actually received and the charges that genuinely reduce disposable resources. If it is empty, do not rely on the word “empty” alone: explain its use, condition, mortgage, legal restrictions and any realistic ability to produce income.

The French tax position and the ASH position must be kept separate. French tax residence, the treaty allocation of a pension and eligibility for social assistance answer different legal questions. A UK pension may be taxable in one country under the treaty while still being relevant as a resource for an ASH decision. Conversely, a tax deduction does not necessarily prove that the whole outlay should be excluded from a social-assistance calculation. Give the department the treaty position, but also provide the practical monthly budget that shows what the resident can actually pay.

Healthcare documents can also be confused with means-test documents. A UK-issued S1 is a certificate used to establish responsibility for certain healthcare costs. GOV.UK explains that a British national living in France may access French healthcare through French social-security contributions or, in appropriate cases, by registering a UK-issued S1 with the local Caisse primaire d’assurance maladie (CPAM, the local French primary health-insurance fund). The official GOV.UK healthcare guidance for France does not turn an S1 into an ASH award. Keep the S1 and CPAM evidence in the healthcare section of the file, and the pension and asset evidence in the ASH section. A refusal to register an S1 is a different dispute from a refusal to fund accommodation.

Residence status is equally important. Service Public’s ASH guidance uses stable and regular residence as a condition and asks a foreign national to have a valid residence permit. A British person protected by the Withdrawal Agreement should keep the residence card, proof of address and, where useful, evidence of the date on which residence began. A person who arrived after the relevant transition period should include the visa or residence title that supports the application. A department may ask for a document that is not familiar to a UK family; answer the request with a certified copy and a short explanation of what it proves. Never leave the residence question unanswered while debating the pension arithmetic.

A simple illustration shows why a written schedule matters. Suppose the EHPAD issues a monthly accommodation charge of €2,400 and a dependency charge of €600. Suppose APA reduces the dependency element by €320 and the resident receives a UK pension and private pension paid in sterling. The department must still identify which benefits are applied, what part of the resident’s resources is retained, what amount the resident can pay, whether ASH applies to the home and whether any family contribution is legally justified. The family should not be asked to pay €2,680 merely because that is the difference between an invoice and a bank balance. The calculation must identify the legal component, the period and the person responsible for each figure.

Finally, check the EHPAD contract before arguing about assistance. The contract of stay should show the accommodation price and the services supplied. Ask whether the place is authorised for ASH, whether the price changed lawfully, whether APA is paid to the resident or directly to the home, and whether an unpaid amount includes optional services. These questions do not replace the ASH application. They make the application intelligible and may reveal that the dispute concerns the invoice itself rather than the resident’s eligibility.

II. How can a British family challenge an EHPAD bill or an ASH refusal?

A. What evidence and family contribution can the department require?

The second calculation concerns the obligation alimentaire, the statutory family-support duty owed in certain family relationships. Article 205 of the French Civil Code states: “Les enfants doivent des aliments à leurs père et mère ou autres ascendants qui sont dans le besoin.” The rule concerns need, not nationality. A British adult child living in England, Scotland, Wales or Northern Ireland does not become irrelevant merely because the parent lives in France. The cross-border address creates practical questions about service, translation, evidence and enforcement, but it does not erase the civil-law relationship.

Article 208 of the Civil Code supplies the limit: “Les aliments ne sont accordés que dans la proportion du besoin de celui qui les réclame, et de la fortune de celui qui les doit.” Read the two parts together. The parent’s need must be established, and the child’s means and charges must be examined. There is no automatic rule that divides the EHPAD deficit equally among the children, no rule that takes a fixed percentage of a UK salary and no rule that makes an adult child sell a home merely because an EHPAD invoice exists. The court or department must analyse the circumstances under the applicable procedure.

Article L. 132-6 CASF requires people subject to the family-support duty to indicate what help they can provide when social assistance is requested. The official text says they are “invitées à indiquer l’aide qu’elles peuvent allouer aux postulants”. The same article now provides a specific exemption for grandchildren in an ASH application for a grandparent, as well as other statutory exemptions. That point matters in a British family tree: a grandchild should not automatically be treated in the same way as an adult child, and a department’s list should be checked against the current Article L. 132-6 text, available through Légifrance.

The procedural list is set out in Article R. 132-9 CASF. It provides that “le postulant fournit, au moment du dépôt de sa demande, la liste nominative des personnes tenues envers lui à l’obligation alimentaire”. The application should therefore identify the family members accurately, with their current addresses where known. Do not omit a child living in the UK simply because contact is difficult. If a person is not legally an obligor, explain why; if a person cannot pay, prove the financial position. Silence can be treated as a failure to assist the assessment.

The current wording also matters for grandchildren. Article L. 132-6 expressly provides that grandchildren are dispensed from providing this help in an ASH application for a grandparent, and the exemption extends to the descendants mentioned in the article. This is different from saying that every descendant is protected. An adult child of the older person may still be asked to state their capacity, while a grandchild may fall within the statutory exemption. The department’s form and the family relationship should be read together rather than applying an old family-assistance template.

A child’s life in the United Kingdom creates a practical evidence bundle. The child should provide payslips or pension statements, UK tax records, rent or mortgage evidence, information about dependent children, medical or care costs, essential insurance, debt commitments and any other unavoidable charge. Convert amounts transparently. A payslip in pounds should remain identifiable as a payslip in pounds, with the euro equivalent shown beside it. If the child has a spouse or partner, identify the household’s shared expenses without presenting the partner’s income as if it were automatically the child’s personal income.

The Conseil d’État addressed that last distinction in its decision of 23 March 2009, no. 307627. It held that “seules les ressources et les charges des personnes tenues envers le demandeur à l’aide sociale d’une obligation alimentaire sont susceptibles d’être prises en compte”. The court added that household resources may help assess the charges actually borne by the obligor, but must not simply be added to that obligor’s resources. For a British child whose spouse remains in the United Kingdom or whose household has mixed income, the department should be given a clear personal-versus-household schedule.

Do not let a department or an EHPAD substitute the invoice deficit for the legal test. In its decision of 21 November 2018, no. 17-27.071, the First Civil Chamber of the Cour de cassation held that the contribution must be assessed “en considération de leur fortune et des besoins du créancier d’aliments”. The case involved an EHPAD seeking payment from family members after the resident’s resources and assistance had been deducted. The decision is a direct warning against fixing a family contribution solely by looking at the home’s accounting claim.

The decision of 4 November 2015, no. 14-25.377, is also important because it separates two questions that are often merged in correspondence. The Cour de cassation held that an action against an alimentary debtor remains governed by the Civil Code and that “cette appréciation n’est pas soumise aux règles d’attribution de l’aide sociale”. In that case, the court considered the older person’s property and whether it could usefully produce income when assessing need. That does not mean every property must be sold. It means that the need and means assessment cannot be replaced by a mechanical ASH threshold.

An older decision illustrates the same distinction from another angle. In its decision of 26 January 1982, no. 80-13.658, the Cour de cassation described the administration’s claim as concerning “la seule fraction, laissée à leur charge, des frais de séjour”. The decision arose from a retirement-home bill divided among family-support debtors. It confirms why a British family should ask for the residual fraction after the resident’s resources and benefits, rather than accepting an unexplained demand for the whole stay.

The evidence should be indexed and dated. The primary texts for the family-contribution analysis include the Cour de cassation’s decision no. 17-27.071 of 21 November 2018, its decision no. 14-25.377 of 4 November 2015 and its decision no. 80-13.658 of 26 January 1982. A useful pack contains the following:

• the EHPAD contract, price schedule, monthly invoices and a statement of payments already made;
• the GIR assessment and APA decision, including the period and the person or establishment receiving the payment;
• the ASH application, proof of submission, request for further information and departmental decision;
• the resident’s French tax notice, UK pension letters, private-pension statements and bank statements;
• the British child’s income, housing, dependants, medical and unavoidable-expense evidence, with a transparent sterling-to-euro conversion;
• birth, marriage and civil-partnership records proving or disputing the relationship, with a translation or certification if the authority requests one;
• residence permits, proof of address and healthcare documents, kept separate from the financial calculation; and
• any evidence of gifts, property, inheritance, incapacity, family estrangement or previous support that could affect the legal analysis.

The family should answer the department in writing even where it believes the demand is wrong. State the disputed figure, explain the correct figure, attach the proof and reserve the right to challenge the decision. If a child cannot pay anything, say so expressly and demonstrate why. If the child can pay a limited amount, propose a figure with a budget rather than leaving the department to infer capacity from a gross UK salary. A reasoned response is particularly important when a family member is abroad and the administration has only partial information.

B. Which appeal, court and deadline protect the file?

There are two different disputes. A challenge to the department’s decision to grant, refuse or calculate ASH is an administrative-social-assistance dispute. A challenge to the personal amount that a child must pay under the family-support duty is a judicial dispute. The two may be connected, but they are not interchangeable. Sending a letter to the EHPAD does not replace the statutory appeal against the department; filing an administrative appeal does not by itself fix the child’s personal contribution.

For ASH, Service Public states that a refusal can first be challenged by a prior administrative appeal to the president of the departmental council. The recours administratif préalable (RAPO, prior administrative appeal) should identify the decision, the date of notification, the reasons for disagreement and the evidence relied upon. The same official page says that the president has two months to reply and that a further challenge may then be brought before the tribunal administratif (administrative court) within two months. Keep proof of delivery, because the date of receipt controls the timetable.

The statutory framework is in Articles L. 134-1 and L. 134-2 CASF. Article L. 134-1 covers disputes concerning departmental and State decisions on statutory social-assistance benefits; the official Article L. 134-1 text identifies that scope. Article L. 134-2 provides that “Les recours contentieux formés contre les décisions mentionnées à l’article L. 134-1 sont précédés d’un recours administratif préalable”. A court claim filed without the required prior step can fail on procedure before the merits of the calculation are examined.

The department may also ask the judicial authority to fix the family debt when the resident is unable or unwilling to act. Article L. 132-7 CASF states: “En cas de carence de l’intéressé, le représentant de l’Etat ou le président du conseil départemental peut demander” the fixing of the alimentary debt and payment of its amount. The complete Article L. 132-7 text should be read before responding to a claim. The judicial authority then examines the parent’s need and the debtor’s means under the Civil Code.

The division of jurisdiction is not a technical detail. In its decision of 12 May 2022, no. 454403, the Conseil d’État stated that “il n’appartient qu’à l’autorité judiciaire d’assigner à chacune des personnes tenues à l’obligation alimentaire le montant et la date d’exigibilité” of the contribution. In practical terms, the administrative judge assesses the public assistance and its residual calculation, while the judicial court fixes the amount and due date for each family-support debtor. The family should identify which part of the decision it is challenging before choosing the court.

The Cour de cassation confirmed the administrative side in its decision of 24 June 2021, no. 20-15.750. It held that “les décisions relatives à l’admission à l’aide sociale relèvent, en revanche, de la compétence de la juridiction administrative”, even where family-support debtors are involved. The case concerned a mother’s EHPAD accommodation and an ASH award. The judicial court could not be used to overturn the administrative admission decision simply because a son disagreed with the placement or with the existence of assistance. The precise decision no. 20-15.750 is worth attaching to any analysis of the two-track procedure.

Documents about the family relationship must be treated pragmatically. The Conseil d’État’s decision of 2 March 2026, no. 503359, concerned an ASH application where the administration required a family record book, the livret de famille. The court held that “le défaut de production, à ce titre, du livret de famille ne peut” by itself justify refusal where the same civil-status information can be established by other means. The complete decision no. 503359 is especially useful for a British family that has birth certificates, marriage certificates or other official records but no French family record book. Supply reliable alternatives and explain the chain of relationship.

Timing also affects the amount claimed. The general principle is that family-support payments are not normally backdated without a proper basis. In its decision of 18 January 1989, no. 87-14.849, the Cour de cassation stated that “il est de principe que les pensions alimentaires ne s’arréragent pas”. The court criticised a claim that placed care-home costs on descendants from the date of entry when the department had waited years before bringing proceedings. The official decision no. 87-14.849 should be distinguished from a situation in which the creditor was unable to act and the evidence supports an earlier period.

That qualification matters. In its decision of 1 July 2026, no. 25-13.153, the First Civil Chamber dealt with a public medico-social establishment and an older person whose cognitive condition prevented her from acting in her own interest. The court held that “La règle « aliments ne s’arréragent pas » … s’apprécie en la seule personne du créancier d’aliments” and accepted that an earlier period could be claimed if the creditor had not remained inactive or was unable to act. This recent case is not a licence for every EHPAD to backdate every demand. It is a warning to examine the resident’s capacity, the establishment’s diligence and the evidence for each period. The exact decision no. 25-13.153 should be checked against the facts before relying on it.

In a claim brought directly by an EHPAD, the decision of 21 November 2018, no. 17-27.071, remains a useful control. It rejected a contribution calculated only by reducing the home’s residual invoice and required consideration of the resident’s need and the debtor’s fortune. The home’s claim, the department’s provisional ASH calculation and the family-support debt are three related figures, not necessarily the same figure. Put them in three columns and identify the legal source of each.

Recovery after assistance is another issue that should be addressed before an estate is distributed. Article L. 132-8 CASF provides for recourse by the State or department against, among others, the person whose financial situation improves, the beneficiary’s succession, a donee in the circumstances specified by the text, a legatee and, on a subsidiary basis, certain life-insurance beneficiaries. The code says that recovery may be made “Contre le bénéficiaire revenu à meilleure fortune ou contre la succession du bénéficiaire”. The official Article L. 132-8 text should be read with the current departmental rules.

For a British family, this means that a French ASH decision should be placed in the estate file alongside the will, property records, gifts and life-insurance documents. The existence of an English will does not make a French social-assistance recovery question disappear. Nor does the possibility of recovery mean that every heir is automatically personally liable for every amount. The department’s statutory route, the net estate, the date and nature of any gift, and the policy wording of any insurance must be analysed separately. Do not sign a family distribution or transfer a French asset without checking whether a recovery claim has been notified or secured.

A practical appeal sequence is as follows:

1. obtain the complete ASH decision, the calculation sheet, the EHPAD tariff and the documents said to be missing;
2. separate the disputed issues into eligibility, residence, invoice, resident resources, APA, ASH, family contribution and recovery;
3. send the RAPO to the president of the departmental council within the applicable period, asking for a written receipt;
4. prepare the administrative-court claim if the response is negative or incomplete, observing the two-month period stated in the notification and official guidance;
5. if a personal family contribution is claimed, prepare the evidence for the judicial court and address the parent’s need and the child’s own means and charges;
6. challenge any backdated period by analysing the first demand, the date of proceedings, the resident’s capacity and the establishment’s conduct; and
7. keep a complete chronology from the first EHPAD contact to every payment, letter, appeal and decision.

A short English letter can be useful for a British family, but it should identify the French decision precisely. For example: “I challenge the decision dated [date], notified on [date], insofar as it treats [UK pension or asset] as [amount], refuses [ASH or document], or fixes [family contribution] without assessing my personal resources and charges. Please provide the calculation, the exchange rate and the evidence relied upon.” Attach the French decision and the supporting schedule. If the administration requires a French-language submission or a prescribed form, the final version should be prepared in the required format, with proof of sending retained.

The best challenge is usually narrow. Do not dispute every line if only the exchange rate, the GIR tariff, the residence evidence or the family contribution is wrong. A narrow challenge lets the court or department correct the exact error without losing the valid part of the application. Conversely, do not accept a broad “family must pay” statement merely because it comes from a public authority or a care home. Ask which person is liable, for which period, under which text, for which component of the invoice and after which benefits.

British families should also avoid waiting for a UK agency to solve a French deadline. A DWP pension query, HMRC treaty correction, S1 registration and ASH appeal may run in parallel. Each authority may need a different document and each process has its own date. If the resident’s French health cover is funded through an S1, resolve the healthcare file, but do not assume it decides the EHPAD accommodation contribution. If HMRC changes the net pension, send the corrected evidence to the department and request a revision of the ASH calculation. Service Public confirms that a change in the resident’s or obligors’ income can support a request to revise the ASH amount.

Finally, preserve the human evidence. A care decision may have been made during a crisis, when an older person was confused, hospitalised or represented by a family member. Record who signed the contract, who made the ASH application, who received the departmental letters and when the resident could or could not manage financial affairs. The 2026 decision no. 25-13.153 shows why capacity and the ability to act can affect the analysis of an earlier period. The facts should be proved with medical, protection, correspondence and payment records, not asserted in general terms.

Conclusion

For a British resident in France, an EHPAD bill is a sequence of legal calculations rather than a single nationality-based charge. First separate accommodation, dependency and care. Then identify APA, housing assistance and ASH, check whether the home is authorised for social assistance and protect the resident’s statutory minimum. UK State Pension and private-pension evidence should be supplied in a transparent sterling-to-euro schedule, with tax and healthcare questions kept distinct. Assets, residence documents and the exact EHPAD contract can all affect the file.

Family members living in the United Kingdom may need to respond to an obligation alimentaire, but their contribution must be assessed against the parent’s need and their own fortune and charges. The department’s ASH decision is challenged through the prior administrative route and, if necessary, the administrative court. The personal amount and due date of a family contribution belong to the judicial route. Keep every deadline, request the calculation and challenge the exact period and figure in dispute. A French ASH award may also create a recovery issue for the estate, gifts, legacies or certain life-insurance payments, so it should be reviewed alongside the family’s wider estate documents.

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