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Healthcare update :
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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