BENEFITS FOR FOREIGNERS RESIDING IN FRANCE

If the foreigners is a national of an EEA member country or affiliated to the healthcare insurance scheme in an EEA country (European regulation dated May 14, 2003), the French social security scheme bears the cost of the treatment dispensed in France on the basis of the French rates. In order to enjoy this advantage, the foreigner should procure from their State of origin and before their departure an E 111 certificate from their own health insurance fund.

It should be emphassied that only emergency care is covered on presentation of the E 111, and that certain private health insurance funds do not issue E 111s.

If the foreigner is not a national of an EEA member country, they must enquire about the possibilities of reimbursement with their local fund. In general, the French social security, scheme offers no healthcare reimbursements for nationals of countries outside the EEA.

BENEFITS FOR FOREIGNERS RESIDIND IN FRANCE

Main principle :

Principle of territoriality : CSS (Code de la Sécurité Sociale) : Article L.311-7 : "foreign workers and their beneficiaries enjoy the welfare insurance benefits. With the exception of old age pension insurance, enjoying such benefits is subordinated to justifying that they reside in France".

Sickness and  Maternity

Affiliation conditions

a) Affiliation to the general scheme :

For nationals of EU and EEA countries (including Liechtenstein, Norway and Iceland), and Switzerland : To be accepted for affiliation, it suffies for them to produce a document attesting to the fact that they are nationals of one of the above-indicated States.

The same solution applies for the members of the families of such nationals.

For nationals of other countries :

CSS Article L.115-6 subparagraph 1 Social Security : In order to be affilliated to a mandatory social security scheme, it is necessary to be in a legal situation as regards legislation on foreigner's rights to live and work  in France, i.e it is necessary to have a valid residence card.

b) Affiliation to the Couverture Maladie Universelle (CMU) (Universal Health Coverage) scheme : This scheme offers affiliation to the general health insurance scheme for persons without any entitlement for the purpose of being protected against the risk of sickness, and the right to additional coverage for persons whose revenues are very low.

Affiliation to the CMU is subordinated to the fact that the person has the legal right to stay in France. The beneficiary must reside on the territory of France or of a French overseas "departement" on a stable basis. Proof of residence in France for a term longer than three months is required.

Entitlement to benefits

a) Foreign nationals who do not enjoy Community Law entitlements :

CSS Article L.161-25-1 makes provision for foreign nationals to be entitled to and to open entitlement to the benefits of health insurance for sickness, maternity and death, if they are in a  legal situation as regards legislation on foreigner's rights to live and work in France, or if they are holders of a receipt attesting that they have applied to renew their residence card.

The beneficiaries of the insured party may also enjoy the same entitlements provided that they are in France legally.

b) Foregn national who enjoy Community Law entitlements : Decree 2000-649 dated July 7, 2000 : such nationals merely have to provide a document attesting to their nationality in order to be entiled to the benefits. The same solution applies for members of the families of such nationals.

If the national resides in a State other than the state in which they are affiliated, a distinction needs to be made depending on the type of benefit :

For benefits in kind (medical and dental care, medication) : they are provided by the institution of the State of residence in compliance with the legislation that it applies; in order to enjoy such benefits, the foreigner must report with their E106 form to the departments of the organisation of residence. That form is issued by the competent institution of the State affiliation.

For benefits in cash (daily sick pay) : they are provided directly by the institute of affiliation. In order to enjoy these benefits, the salaried or non-salaried worker goes to the institution of the place of residence with a doctor's certificate. Otherwise, it is that institution which will conduct the medicale examination and that will then send to the fund of affiliation the E115 and E116 forms.

Old age pension insurance

Contribution-based benefits

Payment is here made in exchange for prior contributions.

-Foreign pensioners not enjoying Community provisions or international agreements :

CSS Article L.311-7 makes provision for foreign nationals who have contributed in France to enjoy liquidation of their pension entitlements even if they do not reside in France at the time at which the liquidation request is made. Similary, the pension entitlements may not be suspended by the interested party moving their residence from France to a foreign country. As regards reversion pensions, no condition of residence in France is required.

-Foreign pensioners enjoying international agreements : the objective of Community Law is to ensure that workers who have migrated are not disadvantaged compared with sedentary workers. Therefore the pension benefits acquired under the legislation of one or more member States may undergo no reduction, modification, suspension, cancellation, or confiscation due to the fact that the beneficiary resides on the territory of a memeber State other thant the member State in which the debtor institution is located.

Non-contribution-based benefits

Such benefits aim to guarantee a minimum living allowance for poverty-stricken old people.

Rules common to non-contribution-based welfare benefits :

-Equality of treatment between French nationals and foreigners : minimum age of 65; annual revenue less than a certain ceiling (6,000 euros for a person living alone; 12,000 euros for a couple).

-A foreign national must be in France legally

-A foreign must live in France

e.g : allowance for old salaried workers, allowance for mothers, rent assistance allowance, and old age welfare fund allowance.

Family benefits

CSS Art. L.512-1 CSS : any french or foreign person residing in France enjoys family allowance benefits for their children who are supported by them. Foreign nationals residing in France with their families therefore receive the same family allowance benfits comply as French nationals. However, the must prove that they enter and stay in France legally, and that those of their children whom they support and for whom they claim benefit are legally allowed to enter and stay in France.

Conversely, for foreigners whose familis live in the country of origin, the benefits comply with international social security regulations of agreements.

Althouth France is bound by agreements with a certain number of countries, they do necessarily make provision for payment of allowance for children residing in the country of origin.

For any information please apply to

Office des Migrations Internationales (international migration office) : http://www.omi.social.fr

Caisse des francais à l'étranger (Fund for Frenche expatriates) (CFE) : BP 100 - 77951 Rubelles / tél : 01 64 71 70 00 - http:// www.cfe.fr

Centre des liaisons européènes et internationales de Sécurité sociale (Centre for European an International Social Security Links) : 11 Rue de la Tour des Dames - 75009 Paris / tél : 01 45 26 33 41 - http://www.cleiss.fr