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FRENCH GOVERNMENT ANNOUNCES HEALTH
CONCESSIONS FOR EXPATRIATE EARLY-RETIREES
After weeks of speculation regarding recent changes to residency
requirements and state health cover for early retired Europeans in
France, the Health Minster has announced several concessions for
those affected.
In September this year, the government had issued a statement which
effectively brought to an end, the right for all non-French EU
citizens to contribute to and benefit from the state healthcare
system (CMU). They had cited European Directive 2004/38EC which had
been implemented "to codify and review the existing Community
instruments dealing separately with workers, self-employed persons,
as well as students and other inactive persons in order to simplify
and strengthen the right of free movement and residence of all Union
citizens."
The directive states, in Article 7 that early retired citizens
moving amongst member states must 'have sufficient resources for
themselves and their family members not to become a burden on the
social assistance system of the host Member State during their
period of residence and have comprehensive sickness insurance cover
in the host Member State. This article has been interpreted by the
French government, to mean that that insurance must be private, and
they have used the legislation to force 'inactive' Union citizens
(under state retirement age)to take out private health insurance in
order to gain legal residence in the country.
This left thousands of Britons, amongst others, in an untenable
position. They had moved to France on the understanding that they
would be able, on payment of 8% of their worldwide income, to join
the state healthcare system, once their cover from the UK (via the
form E106) which lasts for up to 2.5 years) expired. Suddenly they
were being told that they were no longer welcome in the country in
which they had invested in both financial and emotional terms - and
that without private health cover, they would have to return to the
UK or face becoming illegal aliens in the Europe they had embraced.
It was a particular tragedy for those who had chronic illnesses or
were undergoing treatment for serious conditions, as it quickly
became apparent that no private company would insure them.
But, after months of uncertainty, the French authorities have
finally made it clear that they have begun to recognise the
humanitarian and legal consequences of the rules as they had been
interpreted up until now. The more positive changes to the
statement include:
- All those currently affiliated to the CMU will be allowed to
continue to contribute to, and benefit from it.
- All those who have lived legally in France for 5 years will be
allowed to join the CMU, and will enjoy all the same benefits as
their French counterparts in the same position.
- Those who have chronic or pre existing conditions which prevent
them from obtaining private health insurance, may appeal for entry
into the CMU
Furthermore, the British Embassy in Paris has stated that it is
still negotiating with the French ministry, to provide at least
short term hope for the estimated 3,000 plus people whose E106 cover
is due to expire on 6th January 2008, whose ability to obtain health
cover has been severely compromised, not least by the length of time
it has taken for the rules to be clarified.
According to the French Health Ministry's
official revised statement and Q&A factsheet
www.securite-sociale.fr/comprendre/europe/europe/cmu_inactifs.htm
the position is:
• Inactive EU citizens already living in France and already
registered and accessing healthcare via the CMU before 23 November
2007 will now be allowed to continue to do so.
• After 5 years of "regular, uninterrupted residence" in
France, an EU citizen qualifies as a permanent French resident and
will therefore have access to healthcare via the CMU.
• The position remains that all inactive EU citizens under
retirement age living in France now or in future who are not
entitled to healthcare reimbursement (through the E106 or E109
forms) or to access to the French health system will be required to
have their own personal health insurance until they reach UK state
pension age (and therefore qualify for entitlement to the E121
form), or until they qualify as a French resident (after 5 years of
"regular, uninterrupted residence").
• We have ensured that the French authorities are fully aware
of the specific circumstances of E106 holders already resident in
France who do not have existing access to CMU and who may not be
able to secure private health insurance for various reasons when
their E106 expires. Following discussions to highlight the need for
urgent clarification in cases where the E106 is due to expire
imminently, we have been told that people will have the safeguard of
essential immediate healthcare provision. We are expecting a
response in the next few days from the Health Ministry to give
further detail for people in these circumstances.
• As previously, people already over retirement age who are
holders of an E121 which is registered with the French authorities
will remain unaffected.
This information is based on what we have been told by the French
authorities. We suggest people seek further information and advice
on individual cases from one or more of the following:
French Social Security website:
www.securite-sociale.fr/comprendre/europe/europe/cmu_inactifs.htm
CPAM - The French Health Service (English language service): +33 8
20 90 42 12 or to identify your local CPAM:
www.ameli.fr/assures/votre-caisse/index.php
CLEISS - (France's helpdesk for international mobility and social
security):
11 rue de la tour des Dames
75436 Paris cedex 09Tel: +33 1 45 26 33 41
www.cleiss.fr
For holders of E106 and E109 forms:
DWP Overseas Medical Benefits helpline
International Pension Centre
Room TC001
Tyneview Park
Whitley Road
Newcastle upon Tyne
NE98 1BA
Tel: +44 (0) 191 218 1999 (Monday to Friday 8am - 5pm)
www.dh.gov.uk/travellers
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