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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

Pregnant in France After Brexit: How a British Mother-to-Be Gets Health Cover, What Maternity Care Costs, and How to Challenge a CPAM Refusal

The test turns positive in London in June, the removal van is booked for September, and the baby is due in February. Among the visas, the school places and the French paperwork, one file matters more than all the others: who pays for the scans, the delivery and the nights in the maternity ward. Since 1 January 2021, after the end of the Brexit transition period, a British mother-to-be is a third-country national in France, and the National Health Service no longer follows her across the Channel. French law runs two clocks at once. The maternity clock requires the pregnancy itself to be declared before the end of the third month, which opens a generous scheme where compulsory examinations are covered at 100 per cent and, from the sixth month, nearly all medical costs are refunded in full. The residence clock requires the mother to show stable and lawful residence in France, usually three months of continuous presence, before the universal health cover, the PUMA, the Protection universelle maladie, takes her in. When the two clocks align, a British woman gives birth in France with almost nothing left to pay. When they do not, because she arrived late in the pregnancy or her papers are questioned, the local health insurance fund, the CPAM, the caisse primaire d’assurance maladie, can refuse cover at the worst possible moment. This guide follows the pregnancy in order: first how a British expectant mother gets covered, through the PUMA, the British S1 form or temporary cover, then what maternity care really costs, and finally how to challenge a refusal instead of paying bills that French law says the system should carry.

I. Getting covered before the birth: which door opens and the three-month trap

A. PUMA for the expectant mother: who qualifies, the stable-and-lawful test and the exemptions that save late arrivals

The PUMA is the main door for a British woman who lives in France, and its founding text makes no distinction between medical situations. Article L. 160-1 of the Social Security Code (Code de la sécurité sociale) 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.” The words “ou de maternité” matter: pregnancy is named in the statute itself as a ground for cover. A British woman employed in France on a French contract is affiliated through her work at once, since article L. 111-2-2 affiliates to a compulsory French scheme, whatever their place of residence, all persons who work on French soil (Article L. 111-2-2). A British woman who does not work must satisfy the two cumulative residence conditions, lawful stay and stable stay, whose detailed test is set by decree in Council of State under article L. 111-2-3 (Article L. 111-2-3). Lawfulness means holding a residence document for any stay beyond three months: article L. 411-1 of the Code on the Entry and Stay of Foreigners states that “tout étranger âgé de plus de dix-huit ans qui souhaite séjourner en France pour une durée supérieure à trois mois doit être titulaire de l’un des documents de séjour suivants”, beginning with a long-stay visa. Stability means having your home or principal place of stay in France: article R. 111-2 provides that “sont considérées comme résidant en France de manière stable les personnes qui ont leur foyer ou le lieu de leur séjour principal sur le territoire métropolitain” and the listed overseas territories. One point of vocabulary helps British readers immediately: since the PUMA was created, each adult is covered in their own right, so a pregnant woman does not need to be registered as her husband’s or partner’s dependant, the old ayant droit status, to be taken in.

The trap is the calendar. Article D. 160-2 of the Social Security Code provides that “Les personnes qui demandent à bénéficier de la prise en charge des frais de santé en application des dispositions de l’article L. 160-5 doivent produire un justificatif démontrant qu’elles résident en France de manière ininterrompue depuis plus de trois mois”, subject to proof through equivalent benefits or through the exhaustively listed exemption categories. A British woman who moves to France in the seventh month of pregnancy will therefore usually fail the three-month test on arrival, even though her need for scans is immediate. The highest French civil court has applied this rule to a pregnancy case and its reasoning deserves to be read in full. On 3 June 2021 the Second Civil Chamber of the Court of Cassation dealt with a claimant who, having arrived in France on 10 March 2016, applied for affiliation on 23 March 2016 while pregnant, invoking urgent and vital care connected with her pregnancy and delivery. The Court recalled that claimants “peuvent produire un justificatif démontrant qu’elle résident en France de manière ininterrompue depuis plus de trois mois ou qu’elles relèvent de l’une des catégories qu’il énumère limitativement”, approved the appeal judges who had held that “De ces constatations et énonciations, la cour d’appel a exactement déduit, sans encourir les griefs du moyen, ni statuer par des motifs susceptibles de constituer, à l’encontre de Mme [P], une discrimination du fait de la nationalité de son conjoint, que l’intéressée ne pouvait, à la date de la demande, prétendre à son affiliation au régime général de l’assurance maladie-maternité”, and closed with “REJETTE le pourvoi.” (Cass. 2e civ., 3 June 2021, appeal no. 20-10.687, published in the Bulletin). The decision is strict but it also draws the map for winning: the exemption categories must be examined one by one, the time condition applies without distinction of nationality, and the fund must explain which category it considered. A British mother who arrived recently should therefore file with every dated proof of presence from day one and expressly invoke any applicable exemption, rather than letting the CPAM answer with a bare reference to the three months.

Timing decides everything, so the two declarations should be made together. The pregnancy declaration goes to the CPAM and the family benefits fund before the end of the third month, and the PUMA or S1 file should be lodged at the same counter in the same weeks, even where the three-month residence condition is not yet met, because the fund then records the starting date and affiliation follows as soon as the condition is satisfied rather than months later. Ask at once for the provisional certificate of rights, the attestation de droits, the paper that proves cover while the plastic carte Vitale, the green chip card read at every appointment, is being manufactured. Surgeries and laboratories accept the paper certificate together with identity documents, which means a mother who filed early can attend her first scans with the bill routed to the fund even before the card arrives in the post.

B. The S1 form, the GHIC and private insurance while you wait: cover for pensioners, frontier households, visitors and students

Not every British mother needs the PUMA, and filing for it is not always the fastest route to a midwife. The S1 form, the British certificate that keeps healthcare funded by the United Kingdom while its holder lives in France, covers the whole pregnancy once registered with the local CPAM. It is principally the route of British State pensioners: a woman drawing a United Kingdom State pension with no French pension is normally entitled to an S1, and French law itself draws the boundary, since article L. 160-6 of the Social Security Code excludes from the PUMA, among others, “Les personnes titulaires d’une pension étrangère qui ne bénéficient pas par ailleurs d’un avantage viager d’un régime obligatoire de sécurité sociale français lorsque, en application d’un règlement européen ou d’un accord international, la prise en charge de leurs frais de santé ainsi que de ceux des membres de leur famille qui résident avec elles relève du régime étranger qui sert la pension”. The British government guidance explains that the form must be registered at the local CPAM office, with English-language registration guidance available through the Ameli portal (Healthcare for UK nationals living in France; Ameli guidance in English). The same guidance confirms the Withdrawal Agreement promise for the older cohort: United Kingdom nationals living in the European Union on or before 31 December 2020 keep their S1-based rights once the form is registered. A younger British woman in a frontier household can also be carried by coordination rules: where she lives in France while working across the border, or follows a posted worker, the applicable-legislation documents decide which state pays, a pattern already examined for British frontier households whose S1 and A1 paperwork allocates contributions and care (British frontier workers between a French home and a British job).

For short stays, the plastic card in the purse is enough. A British woman who comes to France temporarily, including to give birth while still resident in the United Kingdom, uses a British-issued GHIC or EHIC for medically necessary state care, shown at each appointment; students carry the Student GHIC for the duration of their course. These cards never replace residence-based cover: the guidance is explicit that a British-issued EHIC cannot be used in France by someone who lives and works there on a French contract. And for the first year of a retiree’s long-stay visitor visa, the visa itself required comprehensive private health insurance, a condition examined for British retirees on visitor visas (British retirees in France on a visitor visa); that private policy answers the consulate, while the CPAM file answers the maternity ward, and the two should be built in parallel. In every configuration, one administrative step is non-negotiable and time-sensitive: the pregnancy must be declared before the end of the third month, because the declaration is what switches on the enhanced maternity cover described below. The declaration is made to the CPAM and to the family benefits fund, and a named midwife, the sage-femme référente, can then be chosen to accompany the mother through the whole pathway and after the birth.

Dependants follow the holder, and the handover moments deserve attention. A younger woman covered as the dependent family member of an S1 holder keeps that cover while the link lasts, but the British guidance warns that a dependant’s cover ends when that dependant starts drawing their own United Kingdom State pension, at which point a new S1 is sent to the registered address and must itself be registered to keep cover continuous. After registration, the household may also become entitled to a French-issued EHIC for travel, including visits back to the United Kingdom, which replaces the British-issued card for the trip. Any change of address, any marriage or civil partnership, any birth and any start of employment in France should be notified to the CPAM at once through the Ameli account, because the fund reassesses the applicable scheme on the facts it holds, and an unreported move is the most common cause of a file frozen in the final weeks of pregnancy.

II. Paying for the scans, the delivery and after: the 100 per cent maternity scheme and how to fight a refusal

A. What maternity really costs: compulsory examinations, full cover from the sixth month, delivery, and the baby’s own rights

Once cover is established and the pregnancy declared, French maternity protection is among the most generous in Europe, and it works in three widening circles. First, the compulsory examinations that monitor the pregnancy, from its start until twelve days after delivery, are refunded at 100 per cent of the health insurance tariff, with no advance payment by the mother, the tiers payant mechanism where the practitioner bills the fund directly (Femme enceinte : prise en charge à 100 %). Second, from the first day of the sixth month of pregnancy until twelve days after the birth, all reimbursable medical costs, medicines, laboratory analyses, examinations and hospital care, whether connected with the pregnancy or not, are covered at 100 per cent, again without advance payment, including the third ultrasound scan. Third, the delivery itself and the hospital stay, within a twelve-day limit, are refunded at 100 per cent, and the daily hospital charge, the forfait hospitalier, is carried in full over the same period from the sixth month to the twelfth day after birth. Every one of these guarantees is calculated on the basis and within the limit of the official tariffs, so two bills can still reach the mother: charges above the tariff, the dépassement d’honoraires of a private-sector practitioner, and comfort options such as a private room. A voluntary top-up policy, the mutuelle, strictly a complémentaire santé, absorbs that remainder according to the contract chosen, and its price should be compared before the third trimester, not in the delivery room.

Two extensions complete the picture for households of small means and for the newborn. Where the mother’s resources sit below the statutory ceiling, article L. 861-1 of the Social Security Code opens a top-up health protection, the complémentaire santé solidaire: “Les personnes mentionnées à l’article L. 160-1 ont droit à une protection complémentaire en matière de santé”, granted without any financial contribution below the ceiling fixed by decree, or against a capped contribution between that ceiling and the same ceiling increased by 35 per cent, the ceiling varying with household composition and revised each 1 April. And the baby is not left to a separate procedure: article L. 161-1 of the same code counts among family members “Les enfants mineurs à leur charge”, so the newborn is attached to the insured mother’s file, and the formalities of registration, the choice of a GP or paediatrician as médecin traitant, the doctor who coordinates the child’s care pathway, should be completed in the first weeks. A British mother who declared her pregnancy on time, holds PUMA or S1 cover, and registers the baby promptly will therefore typically pay nothing for a standard pregnancy and delivery within the tariff system, which is precisely why a CPAM refusal before the birth must be fought rather than funded privately.

B. When the CPAM says no: the papers that unblock the file, the judge who overturns the refusal, and the safety net for mothers without papers

Refusals follow a small number of scripts, and each has its documented answer. The most frequent is the three-month objection, and the pregnancy decision of the Court of Cassation discussed above is both the warning and the toolkit: the claimant lost because she applied thirteen days after arrival without an exemption, yet the Court confirmed that the exemption categories must each be considered and that the rule applies identically whatever the nationality, so a file that names its exemption and proves it with dated documents puts the fund under a duty to answer it. The second script is the lawfulness objection, where the fund questions the visa or residence card itself; the answer is the residence document with proof of continuous presence, since lawful stay is assessed under the foreigners legislation, not under the fund’s impression. The third script hits S1 holders, where registration of the British form stalls; the answer is the S1 with its deposit receipt, the Ameli registration guidance, and, where urgent treatment cannot wait, a call to the NHS Overseas Healthcare Services on 0044 191 218 1999, the fallback the British guidance itself gives for registration delays. The fourth script is silence, months without an answer, which must be met with registered follow-up letters, because those letters become the evidence the judge reads.

When the file stays blocked, the remedy ladder is fixed and short. Start inside the fund with a written complaint, then appeal to its internal appeals board, the commission de recours amiable, within the stated time limit, attaching every proof the refusal letter says is missing. If the board confirms the refusal, expressly or by silence, the dispute moves to the social division, the pôle social, of the judicial court, the tribunal judiciaire, of the place of residence, where a judge re-examines the whole file and the court’s decision replaces the fund’s. Time limits run from the board’s decision and are counted in weeks, so a refusal letter should be dated, kept and answered at once. For a mother without lawful stay, one further statute keeps the door ajar: article L. 251-1 of the Code of Social Action and Families grants State medical aid, the aide médicale de l’État, to “Tout étranger résidant en France de manière ininterrompue sans remplir la condition de régularité mentionnée à l’article L. 160-1 du code de la sécurité sociale depuis plus de trois mois, et dont les ressources ne dépassent pas le plafond mentionné au 1° de l’article L. 861-1 de ce code”, for herself and the family members the article lists. It is a narrower, means-tested scheme, not a substitute for the PUMA, but for an expectant mother in an irregular situation it funds the care the pregnancy cannot postpone. Two Paris and Île-de-France points close the practical picture: file with the CPAM of the actual home, in Paris through the Ameli channel of the Paris fund, before the three-month point wherever possible so that affiliation starts as soon as the condition is met, and keep a complete copy of every page sent, because Paris processing times are the longest in the country and a court file is won on paper.

The scheme does not stop at the delivery room door. Postnatal surveillance is covered at 100 per cent by the health insurance, and the named midwife chosen during pregnancy continues to accompany the mother after the birth, including the early home visits and the postnatal check that close the pathway opened by the third-month declaration. The twelve-day window after delivery, during which all reimbursable care stays at full cover, is also the moment to complete the baby’s paperwork, since the newborn’s own examinations begin at once and each one must be billed to an established file. A British mother who leaves the maternity ward with the birth certificate, the updated family record book where one was issued, and the CPAM registration receipt for the child has closed the last administrative gap of the pregnancy.

Conclusion

A British pregnancy in France succeeds on paperwork done in the right order. Declare the pregnancy before the end of the third month to switch on the 100 per cent maternity scheme. Build the cover file in parallel: PUMA through work or through three months of stable and lawful residence with every exemption examined, or the British S1 form registered at the CPAM for pensioners and frontier households, or the GHIC and private insurance for temporary stays. Price the remainder honestly, tariff overruns and the top-up policy, and register the newborn promptly so the baby’s rights attach to the mother’s. And if the CPAM refuses, treat the letter as the start of a procedure with an internal board, a social judge and, for mothers without papers, the State medical aid safety net, rather than as a bill to be paid in silence.

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

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