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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

British State Pensioner in France After Brexit: Registering Your S1 for Healthcare and Stopping UK Tax at Source

In October 2026 the British press reported a symbolic first: the full rate of the new UK State Pension is on course to overtake the long-frozen UK personal allowance, with a further triple-lock increase expected in 2027. The the Telegraph, the the Independent and Trustnet all covered the story, and Google searches on the interaction between the State Pension and the personal allowance surged past 50,000 in Great Britain within days. For a British pensioner living in Dordogne, Charente or the Luberon, this headlines matter far less than two practical questions it pushes to the front: who pays for your healthcare in France once you draw a UK State Pension, and who taxes that pension when HMRC can no longer hide behind the personal allowance. The answers are reassuring, but only if you complete two formalities most pensioners discover too late. On the health side, the United Kingdom remains liable for your French healthcare costs through the S1 certificate, provided you register that document with your local CPAM (Caisse Primaire d’Assurance Maladie), the local branch of the French health insurance fund. On the tax side, the Franco-British double tax treaty of 19 June 2008 gives France the exclusive right to tax your State Pension and most private pensions, which means HMRC should stop deducting UK tax at source once you file the right form. This guide walks through both routes in the order a newly retired arrival meets them: first the S1 and registration with the CPAM, with what to do when the file stalls; then the treaty rule, the French tax return and the France-Individual form that switches off UK withholding, with how to challenge a refusal on either side of the Channel.

I. How a British State Pensioner Gets French Healthcare with an S1 Form

A. Who Issues Your S1 and Where You Register It Once Resident in France

The starting point is simple, and it is stated plainly in the British government’s own guidance: residents of France who receive a UK State Pension or another exportable benefit may qualify for state healthcare funded by the United Kingdom. That page describes the S1 route. The S1 is a portable document issued by the State that pays your pension, and it shifts the cost of your healthcare in your State of residence back to the State that owes you the pension. The French liaison body for international social security, the Cleiss (Centre des liaisons européennes et internationales de sécurité sociale), defines it in these terms: The S1 is a portable document that allows an insured person, and any family members living in a State other than the one responsible for their cover, to register with the health insurance fund of their place of residence and receive benefits in kind there. In ordinary English: with an S1 you register with the health fund where you live and receive treatment on the same terms as a person insured there, while the bill goes back to Britain. The same page adds the operational instruction: The certificate must be handed over promptly to the fund of the place of residence, which then registers the person. You can read the full definition on the Cleiss page devoted to the S1 form.

In practice the sequence runs as follows. First, you obtain the document from the British side. The gov.uk guidance is explicit about the channel: People with a UK State Pension or another qualifying exportable benefit must request the application form by phone from NHS Overseas Healthcare Services. The published contact point is NHS Overseas Healthcare Services, telephone +44 (0)191 218 1999, open Monday to Friday 8am to 6pm and Saturday 9am to 3pm. Do this as soon as your State Pension is awarded, and do it again if your circumstances change, because the guidance warns that NHS Overseas Healthcare Services sends each new S1 to the address it holds for the pensioner. and that Pensioners must tell that service whenever their address or circumstances change. One common trap concerns couples: A spouse covered as a dependant loses that cover once their own State Pension starts, and must apply for a personal S1. A spouse who drew healthcare as your dependant must therefore apply for a personal S1 in their own right the moment their own State Pension starts, rather than assuming the old cover continues.

Second, you register the S1 in France. The British guidance states the obligation without ambiguity: Once issued, the S1 must be registered at the local CPAM office. Practical help in English is available on the ameli portal’s English pages, and every CPAM has a front desk for international files. Timings matter for your planning. The guidance says: After registration, a temporary social security number arrives by post within one to three months. That number lets you be reimbursed even before the plastic card arrives. The card itself, the carte Vitale, the green smart card you hand over at every doctor, pharmacy and laboratory, takes longer: The plastic health card itself can take six months or longer to arrive. While you wait, keep every feuille de soins, the paper treatment slip the practitioner gives you when the card cannot be used: While waiting for the card, use your temporary social security number for treatment, ask the practitioner for a feuille de soins, the paper treatment form, and send it to the CPAM office to be reimbursed for treatment already paid for. Once registration is complete you receive the attestation de droits à l’assurance maladie, the printed statement of your cover and your permanent number, and only then can you order the carte Vitale.

Two points of vocabulary will recur throughout your file, so they are worth fixing now. The CPAM is the fund that registers you, pays your reimbursements and issues the card; the carte Vitale is only the payment key, not the right itself; the attestation de droits is the proof of the right. And the S1 route is distinct from the general safety net. If you have no S1 because no British pension has yet been awarded, or because you arrived before pension age, you may fall back on the PUMA (Protection Universelle Maladie), residence-based universal cover. The statute 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”, which is article L.160-1 of the Social Security Code, and that “Toute personne qui déclare auprès d’une caisse primaire d’assurance maladie, dans des conditions fixées par décret, ne pas bénéficier de la prise en charge des frais de santé mentionnée à l’ article L. 160-1 bénéficie de cette prise en charge auprès de cette caisse dès qu’elle justifie de son identité et de sa résidence stable et régulière”, which is article L.160-5 of the same code. The implementing decree requires proof of uninterrupted residence of more than three months, per article D.160-2 of the Social Security Code. For a State Pensioner with a valid S1, however, the S1 route is faster, cheaper and cleaner than PUMA affiliation, because the cost is carried by the United Kingdom and no French residence contribution is at stake.

B. When the File Stalls or the Fund Says No: Suspended Rights, Proof and Appeals

S1 files do stall, and the consequences are concrete: treatment paid upfront, reimbursements frozen, sometimes a letter suspending your rights while the two administrations exchange forms. A recent judgment shows how French judges handle exactly that situation. On 22 July 2025 the social division of the Lyon tribunal judiciaire, the ordinary court that hears social security disputes, ruled in a case where the health fund had suspended an insured pensioner’s rights because the expected S1 had not come back from the foreign fund, even though the insured person lived in France and drew a foreign pension. The fund relied on article 24 of Regulation 987/2009 and Regulation 883/2004, arguing that the cost of benefits in kind falls on the institution of the State paying the pension where there is no cover in the State of residence. After months of correspondence the fund reopened the rights with retroactive effect, but only after a long delay, and the court held that delay against it: “CONDAMNE la [8] à verser à M.[R] [I] la somme de 1.000 Euros en indemnisation de son préjudice moral”. The fund was ordered to pay 1,000 euros for non-material loss, plus costs. The full reasoning is published under Tribunal judiciaire de Lyon, 22 July 2025, RG No 21/02018. The facts there concerned a German pension, but the mechanism is identical for a British S1: the fund must verify cover with the pension-paying State instead of leaving the insured person without rights, and unjustified delay is a fault that sounds in damages.

The practical lesson is to build a paper trail from day one. Keep the S1 request reference from NHS Overseas Healthcare Services, the recorded-delivery receipt of everything sent to the CPAM, every interim reply, and every feuille de soins with its receipted invoice. If the CPAM suspends your rights or refuses registration, the first step is never the courtroom. You must file a preliminary challenge with the fund’s internal review board, the CRA (commission de recours amiable), the amicable appeals commission inside each fund. The rule is strict: “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”, which is article R.142-1 of the Social Security Code. Two months from notification, not from the event, so keep the envelope and the date of the decision letter. The preliminary appeal is in principle compulsory before any court action: “Les recours contentieux formés dans les matières mentionnées aux articles L. 142-1 , à l’exception du 7°, et L. 142-3 sont précédés d’un recours préalable, dans des conditions prévues par décret en Conseil d’Etat”, per article L.142-4 of the Social Security Code. Skip the CRA and the court will declare your claim inadmissible.

If the CRA rejects your complaint or stays silent, the dispute moves to the specially designated tribunal judiciaire, the single civil court that replaced the old social security tribunals: “Des tribunaux judiciaires spécialement désignés connaissent : 1° Des litiges relevant du contentieux de la sécurité sociale défini à l’ article L. 142-1 du code de la sécurité sociale”, which is article L.211-16 of the Code of Judicial Organisation. That is the court that awarded damages in the Lyon case above. French courts apply the residence and registration texts literally, in both directions. In a widely cited ruling the Second Civil Chamber of the Cour de cassation, France’s supreme court for civil and social matters, upheld a fund’s refusal to affiliate a newcomer who had arrived in France on 10 March 2016 and applied on 23 March 2016, before completing three months of uninterrupted residence, and it dismissed her appeal: “REJETTE le pourvoi.” See Cour de cassation, Second Civil Chamber, 3 June 2021, appeal No E 20-10.687. The message cuts both ways and it is useful: a fund cannot invent extra conditions beyond the statute, but a claimant cannot skip the statutory conditions either. Your file should therefore prove each box ticked, identity, stable residence, pension award, S1 request, S1 registration, with a dated document for each. Finally, if you need treatment urgently while the S1 registration drags on, the British guidance gives you an emergency line: Anyone facing S1 registration delays who needs emergency or urgent treatment should call the Overseas Healthcare Services on 0044 191 218 1999. Use it, and keep the record of the call.

II. Where Your UK Pensions Are Taxed and How You Stop HMRC Deducting at Source

A. France Taxes the Pension: the Treaty Rule, the French Return and the 10 Per Cent Relief

On tax, the British guidance starts with a warning that surprises many new arrivals: A pension may be taxed both by the country of residence and by the United Kingdom. Double deduction at source is the default whenever nobody tells HMRC you left, which is why the guidance adds: You need to tell HMRC when you move abroad The same page points to the exit: Double taxation can be avoided where the country of residence has a double-taxation agreement with the United Kingdom, and the treaty shows where tax is due. Read those three sentences together on gov.uk’s page on tax when you live abroad and the logic of this whole section follows: France, as your State of residence, has the first and normally the only word.

The treaty rule is Article 18 of the Franco-British double tax convention signed on 19 June 2008, as applied by the French tax administration in its official pensions doctrine, under which private pensions and similar remuneration paid for past employment are taxable exclusively in the State where the recipient lives. A pension paid to a French resident for past employment is taxable only in France. That covers the UK State Pension you draw in France and the private pensions and annuities built up during your working life. There is one major exception, and it matters to former soldiers, police officers, teachers, nurses and civil servants: pensions earned in government service. The administration defines these as pensions earned in return for rights acquired in public-sector roles, namely those paid by the State or its political or local subdivisions for services rendered to that State or community, and states the principle that such pensions are generally taxable in the paying State. So a British local-authority or NHS pension paid to you in France generally remains taxable in Britain, not France. The same doctrine adds that exceptions to that principle exist. The precise carve-outs depend on the exact treaty wording for your scheme, so identify each pension stream before you file. If your retirement income mixes a State Pension, a private scheme and a public-service pension, each stream follows its own rule, and each must be declared on the correct line of the French return.

Declaring in France is not optional, even when the pension has already suffered withholding in Britain. French domestic law catches everything first: “Les traitements, indemnités, émoluments, salaires, pensions et rentes viagères concourent à la formation du revenu global servant de base à l’impôt sur le revenu. Il en est de même des prestations de retraite servies sous forme de capital”, which is article 79 of the General Tax Code (Code général des impôts), the code that defines income tax. You report worldwide pensions on the French return, with foreign pensions detailed on the dedicated schedule for income received abroad, form 2047, Cerfa 11226, the administration’s return for income received abroad, detailed on the service-public page for declaring foreign income and filed online via the impots.gouv.fr 2047 portal. Two reliefs then soften the bill. First, the treaty mechanism: where the treaty exceptionally lets Britain tax an item, France eliminates the resulting double taxation by credit. The administration describes the standard method as the grant of a tax credit equal to the tax paid in the other State on the foreign-source income received by the French resident, per its doctrine on eliminating double taxation, and confirms that a French resident includes that income in the French taxable base and receives a matching tax credit, the credit being equal to the French tax on that income, whatever tax was actually collected abroad, per its doctrine on computing French tax on foreign income. A government-service pension taxed in Britain therefore does not get taxed twice. Second, the domestic abatement: “Les pensions et retraites font l’objet d’un abattement de 10 % qui ne peut excéder 4 439 €”, and “L’abattement indiqué au deuxième alinéa ne peut être inférieur à 454 €, sans pouvoir excéder le montant brut des pensions et retraites”, per article 158, 5, a of the General Tax Code, with both ceilings revised yearly alongside the tax scale. On social charges, keep the two levies distinct from income tax in your mind: the CSG and the CRDS bite on both earned income and replacement income such as retirement pensions, with rates varying by situation, as the service-public page on CSG and CRDS explains. Which rate hits your British pension depends on your health-cover status and your household income for the year, so check the breakdown on your avis d’impôt, the official tax assessment, line by line. Readers wanting the bigger picture on pension taxation, including the lump-sum options this article does not cover, will find it in our pillar guide to UK pension lump sums and Crown pensions in France.

B. Getting HMRC to Stop Deducting: the France-Individual Form, the NT Code and Reclaiming Overpaid Tax

The treaty gives France the taxing right, but HMRC operates through payroll software, not treaties. If your British pension payer still deducts UK Income Tax through PAYE, the pay-as-you-earn withholding operated by the payer, you must actively switch the deduction off. The instrument is the double-taxation claim form for residents of France. The official publication page explains that the form serves to apply for relief at source or to claim repayment of UK Income Tax. That explanation heads the gov.uk publication for the UK-France Form France-Individual, and the detailed notes add that the 2009 version of the form covers relief at source and repayment claims under the UK-France double-taxation convention, for French residents receiving British pensions, purchased annuities, interest or royalties. One form therefore does two jobs: it asks HMRC to authorise future gross payment, known as relief at source, and it reclaims tax already over-deducted for earlier years, known as repayment.

The procedure has three stages, and each has a failure point worth anticipating. First, you complete the form with your French tax details and have your residence certified. The French tax office stamps or certifies the residence section, which is why the form should be prepared once you are actually set up in France with a tax number, a numéro fiscal, and a filed or fileable French return. Send the form before the file is complete and HMRC will park it; pensioners who post it in the first months after arrival should attach whatever proves French residence is already established, lease, utility bills, CPAM attestation, residence permit. Second, HMRC processes the claim and, if satisfied that the treaty reserves the pension to France, issues an NT, no-tax, code to your pension payer, instructing gross payment going forward, and repays over-deducted tax for the years covered by the claim. Keep copies of every submission and diary the response: HMRC attainments do go missing, and a second identical claim filed blindly can create duplicate records that take months to untangle. Third, you reconcile the outcome on the French side. Gross payment from Britain does not mean exempt in France; the pension must still appear on the French return with the treaty position disclosed, so that the credit mechanism can operate for any residual British-taxed element. Pensioners who obtain relief at source and then forget the French declaration trade a British withholding problem for a French reassessment, with late interest attached.

When HMRC refuses or delays, the remedies sit on both sides of the Channel. On the British side, a refusal of treaty relief can be challenged through HMRC’s review and appeal channels stated on the decision letter; keep that letter, because time runs from it. On the French side, if the French tax office disputes your treaty reading, for example by treating a private occupational pension as something else, or refuses the credit on a British-taxed government pension, the standard French tax dispute ladder applies: written challenge to the tax office, formal complaint, the réclamation contentieuse, and ultimately the administrative court. Whatever the forum, the winning file has the same anatomy as the S1 file in the first part of this article: the treaty article printed and highlighted, the residence certificate, the HMRC correspondence in date order, and the French returns showing consistent disclosure. One last interaction between the two halves of this guide deserves emphasis. Pensioners whose S1 registration succeeds are visibly, documentarily resident in France, with a CPAM attestation, a social security number and a paper trail of French healthcare. That same paper trail is your best evidence of French tax residence if either administration ever queries where you really live. Health cover and tax residence are separate legal regimes, but in a dispute each file corroborates the other, so run both applications in parallel from the month you arrive and keep both sets of acknowledgements together.

Conclusion

A British State Pensioner settling in France after Brexit faces two administrations and two formalities, and both reward the applicant who moves early and in writing. Healthcare belongs to the S1: request the form by phone from NHS Overseas Healthcare Services as soon as the State Pension is awarded, register it at your local CPAM without delay, use your temporary social security number and feuilles de soins while the carte Vitale makes its slow way to you, and challenge any suspension through the CRA within two months and then, if needed, before the specially designated tribunal judiciaire, which has already ordered a fund to pay damages for mishandling a pensioner’s file. Tax belongs to France: the treaty’s pensions article reserves your State and private pensions to French tax, Articles 79 and 158 of the Code général des impôts bring them into the French return with a 10 per cent abatement, form 2047 discloses the foreign source, and the credit mechanism absorbs any British tax exceptionally levied, notably on government-service pensions. Between the two stands the France-Individual form, the single document that converts the treaty promise into gross payment by switching HMRC’s deduction off and reclaiming what was overpaid. Complete the S1 registration and the France-Individual claim in the same season, keep every acknowledgement from the CPAM, the French tax office and HMRC in one folder, and the October headlines about the State Pension overtaking the personal allowance will remain what they should be for you: someone else’s problem.

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

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