Cabinet Kohen Avocats · Paris

—

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse : 80 € TTC, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

Article généré par une intelligence artificielle, selon un processus conçu et contrôlé par le cabinet

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

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

British State Pensioner in France After Brexit: How to Get an S1 Form, Register It with the CPAM, and Challenge a Refusal

You have reached State Pension age, you draw a pension paid from Britain, and France is where you want to live: in a Dordogne village, on the Brittany coast, or in a Paris flat near the grandchildren. The first administrative question that decides everything else is healthcare. France does not run a residence-based system that is free at the point of use like the NHS. Treatment costs are shared between the state fund and the patient, and cover must be organised before the bills arrive. For a British pensioner, the central document is the S1 form, a portable certificate that moves the funding of your healthcare from the United Kingdom to France while you live day to day under the French system. You request it on the British side, you register it at your local Caisse Primaire d’Assurance Maladie (CPAM, the local state health insurance fund), and from registration you receive care on the same basis as a French insured person, with the same patient contributions and the same need for top-up cover. The process looks simple on paper and stalls in practice: files wait for months, dependants are classified differently from Britain, and some households discover that no S1 is available to them at all. This guide explains who can obtain an S1 and how to request one, how registration at the CPAM works from the temporary number to the carte vitale (the French health insurance card), what French law provides when the S1 route is closed, and how to challenge a refusal through the French appeal route.

I. How to get an S1 form and register it with the CPAM

A. Who can get an S1 and how to request one before you move

The S1 is not a French document. It is issued on the British side and only takes effect once the French fund accepts it. The French liaison body for international social security describes it as a portable document that allows an insured person, and the members of the family residing with that person in a state other than the competent state, to register with the health insurance institution of their place of residence in order to receive sickness and maternity benefits in kind, and it recommends handing the certificate to the residence institution promptly. In plain terms, the United Kingdom stays the state that pays, and France becomes the state that treats you. The certificate is delivered by the institution competent for health insurance or, in some cases, by the fund that pays the pension, and it has replaced the old E forms, including the E121 that retired readers may remember from earlier decades. Readers who want the official French description can consult the Cleiss page on the S1 form.

On the British side, the published guidance states that a resident in France who receives a UK State Pension or an exportable benefit may be entitled to state healthcare paid for by the United Kingdom, with further detail on eligibility on the NHS planning pages. Two warnings matter immediately. First, not every British benefit that can be claimed from abroad opens the right to UK-funded healthcare, so a benefit that follows you to France does not automatically bring an S1 with it. Second, frontier workers, meaning people who work in one state and live in another, form a separate case and must check eligibility with the British tax authority’s National Insurance enquiry service. The same guidance was updated at the end of the transition period to reflect the healthcare arrangements for people moving to France under the new rules of the post-Brexit deal between the United Kingdom and the European Union, which is why the S1 system continues to operate for British residents of France today. The full British-side picture is set out in the official guidance on healthcare for British nationals living in France.

Family members need their own paperwork. Each person accompanying the pensioner should hold an S1, and the French service-public pages on health insurance for foreigners settling in France explain that the pension-paying fund sends the document to the French fund, that the document attaches the holder to the French social security system, and that accompanying family members must also request one. The point that catches families out is classification: dependants and family members may be classified differently in France than in the United Kingdom, so a person treated as a dependant at home is not necessarily treated as one by the French fund, and the published guidance tells readers to check with the local authorities when registering the S1. A second trap concerns timing inside the household. When a person covered as the dependant of a State Pensioner starts claiming a UK State Pension in their own right, the dependant cover ends and a new S1 is sent to the registered address by NHS Overseas Healthcare Services, the body that administers these certificates. Anyone who moves house or whose circumstances change must tell that body, because a certificate sent to an old address is the most common reason a file goes silent. The official French procedure for retired newcomers is described on the service-public page on health insurance for a foreigner settling in France.

The practical request is made by telephone to NHS Overseas Healthcare Services, which sends an application form to a person holding a UK State Pension or another qualifying exportable benefit. Request the form before the move if possible, and keep private health insurance in place while the whole registration process runs its course, because neither the British certificate nor the French file protects you during the gap. British nationals who still need a visa should also note that proof of healthcare cover can be demanded before residence can be registered or when the visa is applied for, and the question of which long-stay visa and which carte de séjour a British newcomer needs is treated in our companion guide. Readers whose pension position is more complex, for example with several foreign pensions or a French pension alongside the British one, should read the French-law section below with particular care before assuming the S1 covers every member of the household.

B. Registering your S1 at the CPAM: number, attestation, carte vitale and refunds

Once the certificate is in hand, it must be registered at the CPAM of the place of residence in France. Registration is the act that creates rights: until the fund records the S1, there is no French cover, only a British promise of funding. From registration, the holder and the registered dependants are entitled to healthcare in France on the same basis as a French citizen. That last phrase is constantly misunderstood. Same basis does not mean free treatment. It means the same reimbursement rates, the same patient share, and the same paperwork as everyone else. State healthcare in France is not free, part of most bills stays with the patient, some treatment has to be paid upfront, and the fund repays its share afterwards. The patient share has a name, the ticket modérateur, and the standard response of French households is to hold a mutuelle, a voluntary top-up insurance contract that pays all or part of what the state does not repay. A British pensioner who arrives imagining an NHS with sunshine will budget badly; a pensioner who understands the shared-cost model from day one will choose the right mutuelle and keep every receipt.

The file follows a predictable sequence, and each stage has a practical use. After registration, a temporary social security number arrives by post, in practice after one to three months. That number is then confirmed by a document called the attestation de droits à l’assurance maladie (the certificate of health insurance rights), which states the holder’s rights and the definitive French social security number. Only with that document can the holder apply for the carte vitale, the green chip card presented at every surgery, pharmacy and laboratory, and the card itself can take six months or longer to arrive. None of this waiting suspends the right to treatment. A patient who needs care before receiving the card gives the social security number to the professional, asks for a feuille de soins (the paper treatment form), and sends it to the CPAM to be repaid for treatment already paid for. The sequence matters in disputes: a fund that has registered the S1 but not yet issued the card cannot be described as refusing care, while a fund that will not even record the certificate is refusing registration, which is a different legal act with different remedies, examined in the second part of this guide.

Registration also reorganises travel cover, and this is where British pensioners make expensive mistakes in both directions. Once resident and registered in France, the holder can obtain a French European Health Insurance Card for travel, including visits back to Britain, and a British-issued card should no longer be used for care in France once the holder lives there. In the other direction, the NHS is a residence-based system, so a British national who moves abroad permanently may lose the right to free NHS treatment when visiting Britain, unless a funding document such as a European Health Insurance Card, a Provisional Replacement Certificate or an S2 covers the cost, or another exemption applies. One exemption is directly relevant to readers of this guide: British nationals living in the European Union on or before 31 December 2020 who hold a registered British-issued S1 do not pay for NHS treatment when visiting England. Pensioners who moved later, or whose S1 was never registered, should assume they will be treated as visitors and organise cover accordingly. Holders of a registered S1 can also receive a British-issued card for travel and access planned treatment in other European countries through the dedicated funding route, with detail on the NHS pages about using health cover abroad. Anyone returning to live in Britain permanently re-enters the NHS like any other resident. The symmetry is worth stating plainly: each system covers its own residents, the S1 moves the funding between them, and the card in the wallet must always match the country of residence.

II. S1 refused, delayed or not available: your French-law fallback and how to challenge

A. What French law says when the S1 does not cover you: PUMA, proof of residence and top-up cover

French domestic law organises cover in two layers, and the S1 holder must understand which layer applies, because the two layers exclude each other. The general layer is the Protection Universelle Maladie (PUMA, universal health protection). Article L160-1 of the Social Security Code provides 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.” In other words, work or, failing work, stable and regular residence opens the right to have health costs covered. The conditions of stability and regularity are assessed under rules set by other provisions, and Article L111-2-3 of the same Code sends the detail to a decree in Conseil d’Etat, so any argument about what counts as stable residence must be built on regulatory text, not on impressions.

The second thing to understand is that a pensioner holding an S1 is deliberately kept outside that general layer. Article L160-6 of the Social Security Code lists the persons to whom Article L160-1 does not apply where they carry on no additional professional activity in France, and its third category covers holders of a foreign pension with no French lifetime benefit where, under a European regulation or an international agreement, “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 funding of their care, and of the care of the family members living with them, stays with the foreign scheme that pays the pension. That is the legal mirror of the S1: the United Kingdom pays, the French fund delivers the care, and the pensioner must not be affiliated twice. Households drawing both a British pension and a French pension fall outside this simple picture and need individual analysis, because the exclusion assumes no French lifetime benefit alongside the foreign pension.

Where no S1 exists, the general layer returns to the foreground. A British early retiree below State Pension age, a pensioner whose benefit does not qualify, or a newcomer still assembling the file comes back under Article L160-5 of the Social Security Code, the residence-based fallback that grants cover to a person who declares to the fund that no cover under Article L160-1 is available, once identity and stable regular residence are shown. The proof of stability has a well-known regulatory shape: Article D160-2 of the Social Security Code requires claimants under Article L160-5 to “doivent produire un justificatif démontrant qu’elles résident en France de manière ininterrompue depuis plus de trois mois”, while also listing categories of persons deemed to satisfy stability immediately. The Cour de cassation has given this mechanism its full weight. In a decision of 3 June 2021 on a claim under Article L160-5, the Second Civil Chamber stated 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 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”, and added that “Ces dispositions, qui s’appliquent sans distinction de nationalité à toute personne qui, n’exerçant pas d’activité professionnelle, peut bénéficier, en cas de maladie ou de maternité, de la prise en charge de ses frais de santé par l’assurance maladie” (Cass. 2e civ., 3 June 2021, No 20-10.687). Nationality is therefore not the obstacle; documented residence is the test. British early retirees who join PUMA without an S1, and who may then face the annual subsidised contribution known as the CSM, will find the detailed procedure in our guide for British early retirees joining PUMA and facing the CSM bill.

An older decision shows the same logic at work for pensioners and deserves attention because its facts resemble failed applications still seen today. Under former Article L380-1, in the wording applicable to that dispute, the Court recalled that “toute personne résidant en France métropolitaine ou dans un département d’outre-mer de façon stable et régulière relève du régime général lorsqu’elle n’a droit à aucun autre titre aux prestations en nature d’un régime d’assurance maladie et maternité”, and it quashed an appeal ruling in a case where a foreign pensioner, domiciled abroad and visiting France on short stays under a residence document marked retraité (retired), had been refused basic and complementary universal cover for want of stable regular residence on French soil (Cass. 2e civ., 9 May 2019, No 18-11.938). The lesson for British readers is direct: a pension, a property and short stays do not make a resident, and a second-home owner who is not stably resident in France cannot borrow the pensioner’s route to French cover. Residence is proved by continuous presence and documents, not by ownership or intention.

One further layer completes the picture for modest households. Article L861-1 of the Social Security Code grants persons covered by Article L160-1 a complementary protection for health costs, “Sans acquitter de participation financière lorsque leurs ressources ainsi que celles des autres personnes membres du même foyer sont inférieures à un plafond déterminé par décret”, with a reduced-contribution band up to that ceiling increased by 35 percent. This is the Complémentaire santé solidaire (the means-tested complementary cover), which can replace or supplement a private mutuelle for pensioners whose French-taxable household resources sit below the thresholds. Readers choosing between the two doors into the French system should also consult our earlier guide on PUMA or S1 healthcare, the carte vitale and how to challenge a CPAM refusal, which maps the choice itself, while this article concentrates on obtaining and registering the pensioner S1 and on the appeal route when registration fails. The tax side of the same retirement should be checked in parallel, since the pension that funds the S1 is itself taxed in France under rules that surprise many newcomers, as explained in our guide on how France taxes the 25 percent tax-free lump sum and the Crown pensions it cannot tax.

B. How to challenge a CPAM refusal: the friendly appeal, the court and the Paris practicalities

A refusal must first be read properly, because the French dispute route is a two-stage machine and each stage has its own clock. The notification letter states the decision, the competent appeal body, and the time limit, and that mention is not decorative. Article R142-1-A of the Social Security Code provides the default rule that “S’il n’en est disposé autrement, le délai de recours préalable et le délai de recours contentieux sont de deux mois à compter de la notification de la décision contestée”, and adds that “Ces délais ne sont opposables qu’à la condition d’avoir été mentionnés, ainsi que les voies de recours, dans la notification de la décision contestée”. A pensioner who keeps the envelope, the letter and proof of the date of receipt therefore holds the starting point of every later calculation, while a pensioner who telephones the fund and waits has nothing. The first reflex is always documentary: copy the S1 on both sides, copy the pension award letters, copy proof of address in France, copy every letter sent and received, and have any English-language document translated where the fund asks for it.

The first stage is the recours préalable, the prior appeal before the fund’s own friendly-appeal commission. Article L142-4 of the Social Security Code requires that court actions in the listed social security matters be preceded by such a prior appeal under conditions set by decree, and Article R142-1 of the same Code sends claims against fund decisions to a commission de recours amiable (CRA, the friendly-appeal commission) sitting within each body, adding 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 letter should be sent by registered post with acknowledgment of receipt, state precisely what is challenged, explain why the S1 should have been registered or why the fallback should have been opened, and enclose copies rather than originals. Skipping this stage is not a shortcut: a court seized without the prior appeal will declare the action inadmissible, and the months lost cannot be recovered.

The second stage is the tribunal judiciaire (the ordinary court), sitting in its social division for the district of the claimant’s home, a rule of territorial competence that keeps a pensioner in Dordogne, Brittany or Paris before the court of their own area. The court must be seized within two months of the notification of the commission’s decision, under the default rule recalled above, and the claim should attach the commission’s decision, the original refusal, the S1 and the proof of residence and pension rights. While the case runs, medical life continues: prescriptions are collected with feuilles de soins, receipts are kept, and reimbursements are claimed once the number exists, because a favourable judgment restores rights but never refunds undocumented spending. Where treatment is urgent and registration is stuck, the British-side guidance tells holders facing delays to contact NHS Overseas Healthcare Services for help with emergency or urgent care, which is the correct parallel track while the French appeal follows its course. Readers should also remember that each sentence of this guide that states a time limit draws it from a text verified for this article and linked beside it; where the consulted decisions and texts do not settle a point, such as the exact effect of a fund’s prolonged silence on a particular file, the honest answer is that the file must be pushed forward by registered letters and then by the appeal stages, rather than by assuming a favourable implied decision.

For readers settling in Paris and the inner suburbs, two practical points deserve emphasis. First, the competent fund is the CPAM of the place of residence, and Paris files are handled by the capital’s own fund, whose counters and online service absorb a large share of foreign registrations; choosing the wrong office, for example the fund of a former address or of a holiday home, is a frequent cause of files that seem to vanish. Second, hospital and clinic directories exist in French for finding a practitioner near home, and the British-side guidance points to them, but nothing in those directories replaces registration: a pensioner can always be treated in an emergency, while planned care at proper reimbursement rates requires the registered file. Across all regions, the method is identical: register the S1 at the right fund immediately, protect the file with registered correspondence, appeal within the stated two-month limits, and keep private cover until the French attestation arrives.

Conclusion

The S1 remains the cleanest route for a British State Pensioner retiring to France: a British-issued certificate, registered at the local CPAM, funding same-basis care under the French system with a mutuelle or the means-tested complementary cover absorbing the patient share, and a French card for travel back to Britain. Where the S1 is unavailable, French residence-based law offers a structured fallback through PUMA, proved by documented continuous residence and applied without distinction of nationality, and where the fund refuses either route, the two-stage appeal through the friendly-appeal commission and then the court gives the refusal a forum and a clock. The households that succeed are the ones that treat healthcare as the first file of the move rather than the last: certificate requested early, registration filed at the right office, every notification kept, and every deadline counted from the date on the letter.

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

What our clients say

4,9277 Google reviews
kader ladjouzi
4 weeks ago

Best real estate and business lawyer in Paris. A compassionate and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

Translated from French

Janou SAMUEL
1 month ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

Translated from French

Paul MALIK (powlo)
4 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

Translated from French

Reply from the firm

Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

Rayan Kallout
5 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

Translated from French

Reply from the firm

The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

Naji Jouahri
5 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

Translated from French

Reply from the firm

Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

Halim Tunde
5 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

Translated from French

Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
5 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

Translated from French

Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

Asmaa Maazaz
6 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

Translated from French

Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.

chaymaa aouadi
7 months ago

I called upon Maître Reda Kohen, a real estate lawyer in Paris, and I am fully satisfied with his support. Very professional, responsive and attentive. He quickly analyzed my case, clearly explained the legal strategy and effectively defended my interests. Thanks to his expertise and determination, we obtained a very favorable outcome. I highly recommend Maître Kohen to anyone looking for a real estate lawyer in Paris.

Translated from French

Reply from the firm

A big thank you for this feedback. It is exactly this kind of return that gives full meaning to our commitment to real estate law in Paris. Your satisfaction is our best recommendation.

John Roberts
14 hours ago

Service très professionnel et réactif. L’avocat a rapidement et attentivement vérifié la validité du titre de séjour de mon épouse au regard d’un régime juridique particulier. Son travail nous a apporté des éclaircissements, alors que les démarches administratives habituelles étaient longues et ambiguës. J’ai apprécié son efficacité et son professionnalisme, et je recommande ses services.

Jean-François PAPA
6 days ago

Je tiens à remercier chaleureusement Maître Esther Cornu pour son professionnalisme, sa disponibilité et la qualité de son accompagnement. Dans le cadre d’un dossier particulièrement important pour mon avenir professionnel, elle a su faire preuve d’une grande réactivité, de rigueur et de pédagogie, en prenant le temps de répondre précisément à mes interrogations et de m’expliquer les différentes démarches juridiques. J’apprécie tout particulièrement la clarté de ses analyses, son sérieux et son implication dans le suivi de mon dossier. Un grand merci à Maître Esther Cornu pour son écoute et son accompagnement. Je recommande vivement !

Hamid Agouz
1 week ago

I was pleasantly surprised by the responsiveness of Monsieur Reda Cohen, who took the time to answer my questions regarding my case immediately. It has become so rare nowadays to find a lawyer who is so available, responsive, and attentive, even when it simply comes to answering inquiries. His answers are clear, precise, and reassuring. You can really feel that he takes the time to understand the situation and provide relevant answers. Beyond his excellent Google reviews, it is above all this availability and thoroughness that make all the difference. A huge thank you to Monsieur Reda Cohen for his professionalism and responsiveness. I highly recommend him!

Translated from French

Sandra Imbert
1 week ago

A huge thank you to Maître Esther Cornu from Kohen Avocats for her support during a particularly difficult time. Her attentiveness, empathy, and humanity touched me deeply. She was able to answer my questions with clarity and sensitivity, while demonstrating great professionalism and fully respecting the confidentiality of the case. Beyond her professional qualities, I met a deeply humane lawyer whose support made a real difference. I sincerely recommend her.

Translated from French

Salon Sisters
1 week ago

Thank you, Maître Kohen, for your professionalism, responsiveness, and dedication. You handled my case perfectly with great attentiveness, rigor, and efficiency. I was very satisfied with your support and the work accomplished. I recommend him without hesitation!

Translated from French

Djamel Haddouche
1 week ago

I am facing a dispute with my employer, and the support provided by Maître Hassan COHEN as well as Maître Esther Cornu is excellent. The answers are clear and well-thought-out, they genuinely listen, and interactions are very pleasant. Thank you again, I highly recommend.

Translated from French

Frederic Lopes
2 weeks ago

Excellent professional. I highly recommend for their dedication and expertise.

Translated from French

Amir
7 months ago

Excellent expertise in real estate law from Me Reda Kohen

Translated from French

Reply from the firm

Thank you for this feedback. Real estate law is a field that leaves no room for approximation, and it is this high standard that guides our work. Your recognition honors us.

Alain Arsaut
12 hours ago

Vu Hassan au JT

Beaudrique Abao
17 hours ago
Krep Events Traiteur Breton
1 week ago

The article is very clear.

Translated from French

TOULEIMAT HACHEM
1 week ago
emilie lepicard
1 week ago
Zakaria Airbnb
2 weeks ago
إبراهيم عيسى
2 weeks ago