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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 Early Retiree in France After Brexit: Joining PUMA Without an S1, What the Yearly Charge Costs, and How to Challenge a CPAM Refusal

You retired early, sold up or simply decided to live in France before your UK State Pension age, and you assumed healthcare would sort itself out. Then the local CPAM office, the caisse primaire d’assurance maladie, the local health insurance fund that registers residents and pays reimbursements, tells you that you cannot join, or sends you a yearly bill for several thousand euros you never expected. Since Brexit, this is one of the most common shocks for British newcomers who are too young for an S1 form, the document by which the United Kingdom pays for the healthcare of its pensioners living abroad. This guide explains the French route that applies to you instead: the protection universelle maladie, universally known as PUMA, the French residence-based right to state healthcare. It covers how an economically inactive British resident joins PUMA after three months, what private cover you need while you wait, how the yearly cotisation subsidiaire maladie, the additional health contribution levied on residents with little or no earned income, is calculated, and how to challenge a refusal of registration or a contribution bill you consider wrong. The companion hub on this site explains how PUMA, the S1, the carte Vitale and the GHIC fit together for British residents in France, while this article concentrates on the specific position of the early retiree who has no S1 and must stand on residence alone.

I. How Does a British Early Retiree Join PUMA Without an S1 After Brexit?

A. Can You Register With the CPAM After Three Months of Stable and Regular Residence in France?

Yes, in principle. French law gives every person who works in France, or who lives there in a stable and regular way without working, a personal right to have medical costs covered. Article L160-1 of the Social Security Code states that “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.” Nationality does not appear in that sentence, and the British government itself confirms the practical consequence: that a person resident in France for at least three months may apply for cover under the French healthcare system on the same basis as a French citizen That quotation comes from the official British guidance on healthcare for UK nationals living in France. The French public service states the same waiting period in its English-language pages on the protection universelle maladie, explaining that rights open after three months of presence in France

Two adjectives carry the whole legal test, and each has a precise meaning. Stability concerns the factual reality of your life in France. Regularity concerns the legality of your stay. The statute sends both questions to secondary legislation: article L111-2-3 of the Social Security Code provides that a decree in Conseil d’Etat sets the conditions for assessing stability of residence and regularity of stay. For stability, article R111-2 of the same code treats as stably resident the people whose home, the foyer, or whose principal place of stay lies in metropolitan France or certain overseas collectivities, with presence of more than six months in the calendar year for the benefits that include sickness cover. The same article ends with a sentence that matters enormously in disputed files: “La résidence en France peut être prouvée par tout moyen.” Residence in France may be proved by any means.

For the newcomer claiming sickness cover, the operational text is article D160-2 of the Social Security Code. It requires people who claim payment of medical costs on residence grounds to produce evidence showing uninterrupted residence in France for more than three months, and it lists documents that can serve that purpose, from family benefits to housing allowances. The list is expressly non-exhaustive, and practice accepts leases, rent receipts, utility bills, bank statements showing daily life in France, and travel documents fixing the date of arrival. A recent judgment shows how a court applies these provisions to an inactive newcomer with no earnings and no other cover. On 13 March 2026 the social division of the Boulogne-sur-Mer judicial court, case number 25/00157, ruled on a woman who had asked the CPAM of the Côte d’Opale for registration on residence grounds on 15 May 2024, received a written rejection on 10 December 2024, went through the friendly-appeal commission and then came to court. The court held that that the claimant met the conditions for registration under the general scheme on residence grounds, and ordered the Côte d’Opale fund to register her on that basis. What persuaded the judges is directly useful for a British file: the lease signed with her partner and the rent receipts established, in the court’s words, which the court treated as proving uninterrupted residence in France for more than three months at the date of the application, as article D160-2 requires. The court added that her later registration as a jobseeker did not retrospectively turn her arrival into a move made only to look for work, since the plane ticket proved she had come to join her partner months before registering. British early retirees should read this the right way round. Keep the document that proves when you arrived, sign a proper lease or keep title deeds and taxe d’habitation evidence if you own, and keep every rent receipt, electricity bill and bank statement from month one, because the three-month clock is proved by you, by any means, and the CPAM will count from the evidence, not from your word.

Regularity, the second adjective, is where Brexit changed everything and where British applicants still lose cases they should win. Before the end of free movement, a British citizen was a European citizen whose regularity was rarely questioned. Since 1 January 2021, a Briton arriving to settle in France needs a long-stay visa, then a residence permit, except for those protected by the Withdrawal Agreement with a WARP card. The CPAM sometimes rejects applications by invoking the European rule that economically inactive Union citizens must have sufficient resources and comprehensive sickness insurance, and tries to extend that reasoning to everyone. The Boulogne judgment answers that confusion for Europeans, and the underlying principle helps Britons structure their files too. The court recalled that the condition of being lawfully present cannot be raised against nationals of the European Union and the European Economic Area for registration with a social security scheme, whatever their nationality. For a British newcomer, the position is different: you are now a third-country national, so you must show a lawful basis for residence, which in practice means your visa, your residence permit, or your Withdrawal Agreement card. File the copy of that document with the PUMA application from the start, alongside the three months of presence evidence, so the CPAM never has a pretext to treat you as merely visiting. If you live in Paris, the competent fund is the CPAM de Paris; elsewhere it is the fund of your département of residence, and the Ameli portal explains the protection universelle maladie procedure in detail. Once registered, you receive a temporary social security number, then an attestation de droits à l’assurance maladie, the printed statement of your rights and number, and with that document you apply for the carte Vitale, the green plastic card you present at every surgery, pharmacy and laboratory.

B. Do You Need an S1, a GHIC or Private Insurance While You Wait for PUMA?

The short answer is that an early retiree normally has none of the British documents and must insure privately for the gap. The S1 is the certificate by which the United Kingdom accepts the cost of your French healthcare because you draw a UK State Pension or another exportable benefit. The British guidance is explicit: that residents in France who draw a UK State Pension or another exportable benefit may qualify for UK-funded healthcare If you have not reached State Pension age and draw no such benefit, no S1 exists for you, and asking the NHS Overseas Healthcare Services for one wastes weeks. The distinction matters because the two routes lead to different payers. With a registered S1, London pays and the CPAM merely administers: that an S1 must be registered with the local CPAM, after which the holder receives care on the same terms as a French resident. Without an S1, France covers you under PUMA on residence grounds, and you, not London, may owe the yearly contribution described in the second part of this article. One household can even straddle the two systems, for example where the older spouse draws a UK State Pension and holds an S1 while the younger spouse, years from pension age, joins PUMA on residence grounds and pays the contribution. Each adult must therefore be analysed separately, and dependants are classified under French rules that do not always mirror British expectations, so check the position of every family member with the CPAM rather than assuming one S1 covers all.

The GHIC, the Global Health Insurance Card that replaced the EHIC for most Britons, does not solve the problem either. It covers medically necessary treatment during temporary stays, which is the opposite of settling. A British resident in France cannot use a UK-issued GHIC as a substitute for registration, and the British guidance warns residents that they cannot use a UK-issued EHIC in France if they live and work there on a French contract, the same logic applying to residents outside employment. The card remains useful for holidays back in Britain or elsewhere in Europe once you are registered in France, and after registration you may qualify for a French-issued card for travel, but it never opens French residence rights by itself. The only cover that genuinely protects the three-month waiting period and the weeks of processing afterwards is private comprehensive health insurance taken out before the move or immediately on arrival. The British guidance says plainly, for workers but the point holds for the inactive, that private health insurance should be bought to cover the wait until registration is completed. For Britons the insurance has a second function beyond paying the doctor. The long-stay visitor visa itself generally requires proof of private medical cover, and arriving with a policy that meets the visa standard and runs through the first months of residence kills two birds with one stone: it satisfies the consulate and it pays the bills until the CPAM opens your rights. Keep the policy schedule, the table of guarantees and the proof of payment, because the CPAM occasionally asks what covered you before registration, and a clean insurance history supports the credibility of the whole file.

A final caution comes from the coordination rules that allocate each person to a single country’s legislation. Within the European Union, Regulation (EC) No 883/2004 on the coordination of social security systems lays down the single-legislation principle: a worker is subject to the law of one Member State at a time, and frontier arrangements carry strict option deadlines. A judgment of the Bourg-en-Bresse judicial court of 14 April 2025, case 23/00651, refused registration to a woman working in Switzerland who had missed the three-month window to opt for French cover, holding that the insured person’s good faith is irrelevant to compliance with the statutory time limit. The United Kingdom is no longer in that coordination system, but the lesson travels. Deadlines in social security are enforced literally, elections between schemes are rarely reversible, and a British early retiree who keeps a foot in UK voluntary National Insurance, takes on remote work for a British employer, or moves back and forth across the Channel without fixing a clear State of residence can create conflicts about which country insures them. Decide where your home is, document it, meet each deadline in writing, and never assume that an expired GHIC, an unregistered S1 or a lapsed private policy will be forgiven because you acted in good faith.

II. What Does PUMA Cost Each Year and How Do You Challenge a CPAM or URSSAF Decision?

A. How Much Is the Yearly CSM Charge, Who Pays It and Who Is Exempt?

Registration with the CPAM itself carries no administrative fee, but remaining covered without working can cost money every year through the cotisation subsidiaire maladie, universally shortened to CSM. The British guidance flags this directly, noting that people who are not employed may have to pay into PUMa themselves. The contribution is not a premium for the year ahead. It is assessed on the previous year’s income and collected the following year by the URSSAF, the union for the collection of social security contributions, the body that collects most French social charges. Article L380-2 of the Social Security Code sets the two cumulative conditions. Your earnings from professional activity in France during the year must have been below a threshold fixed by decree, and, if you are married or in a civil partnership, your spouse’s or partner’s French earnings must also have been below that threshold. You must also have received no retirement or invalidity pension, no annuity and no unemployment benefit during that year, and the same must hold for your spouse or partner where applicable. The typical British early retiree meets both conditions precisely because the profile is the target of the text: no French salary, no pension yet, living on savings, dividends, rental income or capital gains. The contribution base then consists of capital income as defined for the tax notice, namely property income, investment income, taxable capital gains of every kind, non-professional business profits, plus, where they are not already counted, all means of subsistence and lifestyle elements available anywhere in the world. That worldwide element surprises many Britons: the base can include advantages in kind and income produced by movable and immovable property wherever situated, which for a British household means UK rental income and UK investment returns feed the French calculation. The statute adds that the base benefits from an allowance fixed by decree and cannot exceed a ceiling fixed by decree, and that the amount equals the base multiplied by a rate set by decree which falls linearly as earned income rises and reaches zero when earnings hit the threshold.

The current arithmetic sits in article D380-1 of the Social Security Code, which gives the formula in plain figures: “Montant de la cotisation = 6,5 % × (A-0,5 × PASS) × [1-R/ (0,2 × PASS)]” where A is the capital-income base capped at eight times the annual social security ceiling, PASS is the plafond annuel de la sécurité sociale, the annual social security ceiling published each year, and R is the earned income. In ordinary language, subtract half a ceiling from the capital base, apply 6.5 per cent, then reduce the result proportionally where there is some earned income, with the reduction reaching 100 per cent once earnings attain two-tenths of the ceiling. The official ceilings are published by the social security administration: 47,100 euros for 2025 and 48,060 euros for 2026. Take a concrete household to see what that means. Suppose a British couple settled in the Dordogne with no French earnings and 100,000 euros of worldwide capital income for 2025. Half the 2025 ceiling is 23,550 euros, so the chargeable base is 100,000 minus 23,550, which is 76,450 euros, and with no earned income the reduction factor is one. The CSM is therefore 6.5 per cent of 76,450 euros, which is 4,969.25 euros, collected in 2026. Suppose instead the same household has 60,000 euros of capital income and one spouse earned 5,000 euros from a small French activity. The base after the allowance is 36,450 euros, 6.5 per cent of which is 2,369.25 euros, and the reduction factor is one minus 5,000 divided by 9,420, two-tenths of the ceiling, which is about 0.4692. The CSM falls to roughly 1,111.65 euros. Below the allowance, nothing is due, and once earnings reach the threshold the contribution is zero. Three practical points follow. First, the year of arrival is often the cheapest, because the contribution is computed on the previous year’s income and may be reduced pro rata where the conditions were met for only part of the year. Second, pensioners are outside the charge by construction, since drawing a pension removes you from the liable group, which is why the year the UK State Pension starts changes both the healthcare route and the bill. Third, the figures move every year with the ceiling and with your income, so recompute from the decree values rather than assuming last year’s bill repeats.

The courts have tested this contribution hard, and the outcome is settled law you must know before disputing the principle rather than the calculation. In its decision 2018-735 QPC of 27 September 2018, the Constitutional Council declared the core of article L380-2 compatible with the Constitution, but with a reservation that still frames every challenge: leaving it to the regulatory authority to set the rate and calculation details so that the contribution does not produce a marked breach of equality before public burdens. The Rennes Court of Appeal applied that framework on 17 June 2026 in case 22/03667, a dispute in which the URSSAF had first claimed 235,040 euros of CSM for 2017: “Le 15 février 2019, l’Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales Pays de la [Localité 1] (l’URSSAF) a adressé à M. [J] [Y] un appel de la cotisation subsidiaire maladie (CSM) au titre de la protection universelle maladie (PUMA) de l’année 2017, pour un montant de 235 040 euros.” After a recalculation to 32,964 euros, a rejection by the friendly-appeal commission and a first-instance defeat, the Court of Appeal “CONFIRME le jugement dans toutes ses dispositions” and dismissed the request to refer a question to the European Court of Justice. The lesson for a British household is blunt. Attacking the CSM as unconstitutional in itself has already been tried and failed within the reservation set by the Council. The winnable arguments are concrete and individual: the base counts income it should not count, the allowance or the cap was misapplied, the pro rata for a mid-year arrival was ignored, the spouse’s earnings were wrongly attributed, or a pension or benefit you received takes you outside the liable group. Ask the URSSAF for the full computation schedule before writing a single line of challenge, because most successful reductions begin as arithmetic, not as constitutional theory.

B. How Do You Challenge a CPAM Refusal or a CSM Bill Step by Step?

French social security disputes follow a compulsory staircase, and missing a step or a deadline ends the case whatever its merits. The first step against a CPAM refusal of registration is always the commission de recours amiable, the CRA, the friendly-appeal commission inside the fund itself. Article R142-1 of the Social Security Code states that “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.” The commission must be seised within two months of notification of the contested decision. The broader statute, article L142-4 of the Social Security Code, makes this prior appeal compulsory before most court actions in the field. In practice, send the CRA a reasoned letter by registered post with acknowledgement of receipt within the two months, attach everything the CPAM said was missing plus everything that proves stability and regularity, and ask expressly for registration with effect from the date the three months were completed. The Boulogne file shows the rhythm: request in May 2024, rejection in December 2024, CRA seised on 31 December 2024, CRA rejection on 13 March 2025, court application received on 2 May 2025. If the CRA rejects or stays silent, the second step is the judicial court, whose social division hears registration disputes. The application must identify the decision challenged, state precisely what you ask, namely registration on residence grounds from a given date with an order to the CPAM to register you, and attach the complete paper trail in chronological order. Ask the court for an order in the operative terms the Boulogne court used, because judges grant what is asked in enforceable language. Keep the standard of proof from R111-2 in mind throughout: residence may be proved by any means, so a thin file with one bank statement loses where a thick file with a lease, a full quarter of rent receipts, utility contracts, dated travel proof and the visa or permit wins.

CSM disputes follow the same staircase but against a different opponent and before the same judges. The URSSAF issues the call for payment, and the first challenge again goes to its friendly-appeal commission within two months, then to the judicial court if the commission rejects or does not answer in time. The Rennes case maps the route exactly: call for payment in February 2019, commission seised in April 2019, commission rejection in December 2019, court application in August 2019 once the time limit expired without an answer, then appeal to the Court of Appeal. Mirror that discipline. On receiving the CSM notice, check the year of income used, the PASS value applied, the allowance deducted, the cap, the earned-income reduction and the pro rata, then write to the commission pointing at the exact line that is wrong and enclosing the tax notice that proves it. Where the dispute concerns the regulation itself rather than an individual bill, the administrative court is the forum, and article R421-1 of the Code of Administrative Justice sets the familiar rule: “La juridiction ne peut être saisie que par voie de recours formé contre une décision, et ce, dans les deux mois à partir de la notification ou de la publication de la décision attaquée.” Two months from notification, again, with a prior application to the administration where money is claimed. Whatever the forum, three habits decide outcomes. First, never let a deadline pass while negotiating informally, because no officer can extend a statutory time limit and the Bourg courtReminder stands: good faith does not cure delay. Second, challenge the precise decision by its date and reference, since courts declare inadmissible the applications that attack a whole relationship with the administration instead of an act. Third, quantify everything, because a judge who sees the correct recomputation grants it more readily than a judge who is asked to find the error unaided. File the CRA letter within two months, file the court application within the next two months after the CRA answer or the expiry of its time to answer, and keep every postal receipt, because in these cases procedure is substance.

Conclusion

A British early retiree in France lives between two systems and must actively choose the French one. Without a UK State Pension or exportable benefit there is no S1, the GHIC never replaces residence cover, and private insurance must bridge the first months. After three months of documented, uninterrupted presence, PUMA opens on the dual condition of stable and regular residence, proved by any means and supported by a lawful permit. Residence then brings a price where earnings are low and capital income is substantial: the yearly CSM at 6.5 per cent above half a ceiling, collected a year in arrears by the URSSAF, with exemptions for pensioners and reductions for partial years and small earnings. Refusals and bills are challenged on a strict staircase, friendly-appeal commission within two months, then the judicial court for individual decisions, with arithmetic rather than constitutional principle as the usual path to reduction. Assemble the arrival proof, the lease and bills, the permit, the insurance history and the tax notices before the administration asks, diary every two-month deadline, and demand the full computation behind every figure. The system rewards the file that proves each element in writing and punishes the file that assumes residence speaks for itself.

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

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