ebaynut

I have also spoken to DWP medical benefits (E forms team), and also the DLA unit at Blackpool, and they confirmed pretty much everything that Tony F has already said. They also said that it would take appoximately 14 days to clarify their position from the EU judgement, which was 7 days ago, so we should know something for certain very soon, and they would post this information on their web page as soon as it is available.

  Not a cake I know, but very nice Christmas Brandy cookies! [Www] Mind you, I have never managed to finish the recipe in order to sample them!   Christmas Cookie Ingredients 1 cup water 1 tsp. baking soda 1 cup sugar 1 tsp. salt 1 cup brown sugar lemon juice 4 large eggs 1 cup nuts 2 cups dried fruit 1 bottle Cognac Sample the Cognac to check quality.  Take a large bowl. Check the Cognac again, to be sure it is of the highest quality.  Pour 1 level cup and drink. Turn on the electric mixer.  Beat 1 cup butter in a large fluffy bowl.  Add 1 teaspoon of sugar, beat again. At this point it's best to make sure the Cognac is still OK, try another cup, just in case. Turn off the mixerer thingy, break 2 leggs and add to the bowl and chuck in 1 cup of dried fruit.  Pick the frigging fruit off floor... mix on the turner.  If the fried druit gets stuck in the beaterers, just pry it loose with a drewscriver. Sample the Cognac to check for tonsisticity.  Next, sift 2 cups of salt or something.  Who giveshz a sheet. Check the Cognac.  Now shift the lemon juice and strain your nuts.  Add 1 table. Add a spoon of sugar, or somefink. Whatever you can find.  Greash the oven. Turn the cake tin 360 degrees and try not to fall over.  Don't forget to beat off the turner. Finally, throw the bowl through the window, finish the Cognac and make sure to put the stove in the dishwasher. CHERRY MISTMAS!!!!!! [:D]    

I must confess to not fully understanding all the in's and out's of the way the French health system is run, so please bear with me on this. We still hope to move to France, but the recent changes in the Healthcare rules have made things a bit muddled for us. [8-)] Quick run down is, myself early 50's, OH late 40's and receiving DLA at highest rate. If we buy a house in France in the near future, would the following plan work for us, or could anyone please point out why it may not? Buy the house in France, and move into it permanently at the beginning of January 2009, obtaining E106, which as I have paid full NI contributions for many years, should last up to beginning of January 2011. We would also need top up insurance for both of us, but as my wife should receive 100% in relation to her pre existing conditions, (subject to a French Doctor agreeing on this) then the costs of the top up would be the same as any couple in good health at the given ages.  During this two year period, get the house and outbuildings ready to run as a Gites/C-d-H concern, register this as a business and pay contributions into the French heathcare system. This should allow both myself and my wife to join the French healthcare system. Now I have three questions which I need help with for this scenario: 1: "IF" part of the DLA is hopefully going to be payable in France to my wife, and "IF" we were able to obtain a E121 on the grounds that DLA may become an exportable benefit, how long does an E121 given on health grounds, and not  for pensionable age last? Is it subject to reviews, and if so, would that be in France or the UK? 2: Does anyone have any idea how much the contributions to the healthcare would be on starting a Gites/C-d-H, business. How are they charged and at what rates? 3: Would it be wise to pay contributions in just my name, and have my wife piggy-back, or would it be better if we both paid contributions? I guess that all the other costs payable like tax and social charges, would be linked to actual earnings of the business. As this is the only way I can see that we will be able to make the move, in view of the fact that Private healthcover would not be an option for my wife, I would very much welcome your comments and thoughts/flaws on this plan. Clutching at straws? [blink]  

Have just checked on this today to find out the judgement, can anyone decipher what it actually means?[8-)][:-))] http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en then enter: C-299/05 in the case law search, and submit, then select: C-299/05 Judgement 2007-10-18 This gives the findings of the court, but unfortunately I can't include the full findings in the address bar in it's entirity due to it's length. From 'my' understanding it implies that 'part' of the DLA component IS transferable overseas, am I reading this right? If my understanding is correct, then I believe that would make those in receipt of it eligible to an E121. A legal mind on this would be very much appreciated[geek]  

If the agent had worked the figures out incorrectly and found he had overcharged you by 3000 euro's, I wonder if they would have refunded this amount back to you? It would be interesting to see if anyone has had this scenario happen to them. I wont wait for a reply [blink]

When I asked the Dept of Health why my wife did not receive IB, I was told it was because she was not working at the time of the start of her illness, she was at home bringing up our children, doing what the politicians now say is so important, and as she had not paid NI contributions, she was not entitled to IB, it was not due to her condition, which MAY be worse than SOME people who receive IB. I was paying NI contributions but this does not count. She is unable to work again, but does not qualify for IB based purely on the lack of her NI contributions. She always planned to return to work when the children grew up, but this is now not going to be possible, seems unfair she cant have an E121, but that's the rules as they stand at present.

Tony, I wonder "IF" we win, will people who receive DLA be able to obtain an E121, as it will then be an exportable benefit, the same as IB, and people with IB are entitled to one, or am I getting ahead of the game.????

I have been following the European court case (C-299/05) regarding DLA and if it may be possible to get DLA paid while living elsewhere in the EU. I sent an email to Anne McGuire on this subject, and also pointing out the change in the health rules in France. I have today received a letter from the Department of Health, at Anne McGuires request, giving an up to date explanation of the position in France, but also more interesting to us who DLA affects, is the following sentence in the letter. The Court will issue its decision on October 18 and until this point the Department of Health nor the DWP can make any further comment. So guess we will know one way or the other very soon. Fingers crossed. ----- Original Message -----

Last week I sent emails to all seven of the MEP's that cover my area. I explained that in my opinion, to apply the new healthcare rules retrospectively was unjust, and also to explain my own circumstances. My wife and I wish to move to France, but she has life long health problems, so we will not be able to get private cover for her. First thing the following morning (well 10.00 am) I received a phone call from my UKIP MEP from his office in Strasburg. We discussed this issue, and many others, putting right between us, all that was wrong with the world, the weather etc, with which we pretty much saw eye to eye with each other on. However, when it came down to being able to help, he told me that MEP's had no 'real' power in the EU parliament, they could only advise and prepare reports, which if those higher up did not want, or like, would be just cast aside. He also explained that being a UKIP MEP, was a bit like being a turkey voting to keep Christmas, as it was ultimately his and his party's aim to get the UK out of the EU, and thereby he would lose his well paid job, and the nice lifestyle he enjoyed. He did however say that my best move would be to contact my MP, as he would be able to help far more. This I have done, but still waiting for a reply. Good start though, I thought, bet I will get some more calls, but no, no other replies or even acknowledgements!  Guess they are all busy, but will we ever know? Also, may I just point out, "Rich Brits" do not move to France to retire, they buy 'holiday' homes, the French tax system would not be to their liking. I hear Monaco is pretty popular with them however.    

Benjamin, As I understand it, the French are not going to let anyone who is inactive from the EU join its health system or stay in it if they have an E106, and remain inactive once it expires, regardless of age. It is when you become 65 and receive UK state pension that you can receive an E121, which lets you join the French system and the UK picks up the bills for the health cover.

Since my last posting I have been in touch with various people at Newcastle regarding obtaining an E121 for my wife. It seems that she is not entitled to it, because she was not paying NI stamps at the time of her problems, (I was, but that doesn't count) and even though her condition MAY be worse than SOME people receiving Incapacity Benefit, she is consequently only entitled to DLA. If receiving Incapacity Benefit you can receive an E121, with  DLA you cannot. We could argue that without the E121, that she is being denied her rights to live in another EU country of her choice. The french could argue, she could come, but must pay for all her own treatment, but reading the new rules SD posted on having to have a TDS, to obtain one, you need to show that you have health insurance, which she could not obtain. Anyway, I have asked Newcastle to send me a letter stating she cannot have an E121, and when I receive this I will be contacting my MEP to see if they can find out anything, or offer any help. As stated earlier, I don't for one second blame the French government for this, clearly all those people already in France on either an E121 or E106 should have their healthcare honoured, I just wish I had known about the possibility that this could happen. Of course the French don't want to pick up the tab for my wifes healthcare, I just thought (wrongly) that as we were all part of the EU, that by going to France this would be one of the benefits of being in a member country of the EU. After all, it WAS by law that we had to join the French health system. I can think of many bad things that have come out of being in the EU, but probably best I don't go there I think.  Russethouse, many thanks for the PM, I agree with your thoughts on this, when I said about immos not being happy about this, I meant the one who has most probably lost their commission on the property that we would have brought, not immos in general.  

Thanks to everyone who has responded, much obliged. My wife receives Disability Living Allowance (DLA), at the highest rate, which includes the care componant. Had she been working when she was taken ill she would (possibly) also have been entitled to Incapacity Benefit. This is based on your N.I. contributions. As she was only 36 at the time of the start of her problems, she was not working, as we had two children who she was looking after. (OK ladies we all know this is REAL work). If we move to France, she would have to give up her DLA, as this is not payable overseas at present. I believe there is an ongoing case at the ECJ which MAY change this, but its only a maybe, and I keep looking on the forum for updates on this, but there has been nothing of late. As this particular benefit is not payable overseas, then she would not be entitled to an E121, which would allow her the same treatment in France (no doubt, better!) as she gets here in the UK, for the rest of her life. I could get an E106, based on my NI contibutions, which would also include my wife, but this is for a maximum of two years, after which we would have to get private insurance for our healthcare. And....there is the problem, I can get cover, if my present good heath continues, I dont mind having to pay, after all I currently pay for private heathcare in the UK, as from experience, I would not care to use NHS hospitals, (my wife having had a bad case of CD caught from a stay in Addenbrookes, and my father in law having to wait months for cancer appointments.) But the problem is....NO-ONE would insure my wife, we were told her tablets alone were over £30,000 per year about 5 years ago. Please, don't get me wrong, I don't blame the French, they are doing as they should, and looking after their own countrymen first. But, if any EU member, or anyone moves to the UK, they can get full, free healthcare (such as it is) and to qualify, you only need to be resident here. If only the UK had done this 15 years ago, we, and no doubt many others, would not be planning to leave their home country for a life overseas. Hopefully, in the fullness of time, we will find a way around this, and be able to enjoy a new life in France, and thanks go to Russethouse for your encouragement, we will not give up, and keep checking for updated information clarifying the situation. The above is how I understand things to be, but if I am wrong please correct me.        

Hi Clair and Russethouse, Thanks for your speedy replies, boy you ladies are up late. I thought from reading all the posts on the forum on this subject that this was in place and merely the French government interpreting the rules differently, if this is indeed a new ruling then I have misunderstood and thank you for pointing this out to me. I am just so glad that we have not yet paid out a deposit on a property, as without suitable heathcare cover for my wife, we could not go to France, and as stated we would not be able to get private cover for her due to her health problems. We will indeed look to see if my wife can get an E121, she receives the highest rate of disability living allowance, (which she would have to give up on moving to France), but am not sure that she will get an E121. My age is early 50s, my wife late 40s, we were planning to live on savings, and money left from the sale of our house in the UK, until our endowments and pensions pay out in five years time. Also, we planned to do the 'usual', ie gite, but only as a top up and to give us something to do. We fully appreceiate it is hard to try and earn a living doing this, it is more to have something to do. I guess we will have to wait to see what happens, but it does make me wonder what may happen in the future, what other things may change to make life in France less attractive for people who settle there. Look what happened in Spain. Again, thank you both for your replies and suggestions, it is appreciated. I doubt the immobiliers in France will welcome this change either, as I guess, at the very least, this particular sale will be put on hold.  

We have just got back from a two week house hunting trip to France, we have been planning a move for sometime now, have read all the books, been following the advice in Archants publications and this web site. We paid particular attention to the part regarding healthcare, my wife  has two of the thirty "conditions" which qualify for 100% cover. As we understood it when we move to France we would be covered by a E106 for up to the first two years, during which time we would have to join the French health system. This being required by law, private insurance being illegal in France. After our E106 runs out we would have to pay into the system a percentage of our income above approx €7000 per year. We would also need top up insurance above what the state pays, but as my wife would get 100% cover for her illnesses from the state, this would not affect the cost of our top up cover. Now after reading this new developement on our return, am I right in thinking that when our E106 (which we will get before the move to France) runs out that we will not be able to join the French healthcare system. This being the case, then we will never get private cover for my wife, and therefore all our plans and hopes of moving to a new life in France will be gone. We were going to start negotiations for our new home on Monday, but it now looks like this will not be possible. Can anyone offer any hope to us or are we right in our assumptions? Surely such a major change such as this should have been picked up by Archant and brought to ours, and all their other readers attention long ago.  This is why people buy their magazines and not just to look at the great pictures. Any help and advice would  be very welcome.    

I know that there is no road tax to pay in France on french registered cars, but thought that on vans, you had to pay. I have now read that if you use a van for your business/work, that you pay road tax on that. Does anyone know if you use a van for your private use and not for a business, do you still have to pay, and if so does anyone know what the rates are? Thanks for your help.

Hi Miaviv, Why not do it this way? On the death of the first parent they leave you their half of the house, you can receive up to 300k before any IHT is payable. If the second parent needs to go into care then they can only take fees from their half of the house. On the death of the second parent, you receive the other half of the house, and again you can receive up to 300k before tax. Dont pay anything to the C of the E if you can avoid it. This way you can receive up to 600k from their house tax free!!!!!   Of course on the down side our MP's may have to settle for a slighly cheaper cigar and bottle of bubbly at lunch time.  

Many thanks for this direct link Cooperlola, and to the others that replied to my question. As my French is at an early stage, I was looking for something in the English section on the notairies site about fees. The fees section  is of course in french. Since posting this question, I have been shown a site called google translate, http://translate.google.com/translate_t which will convert either, a word, phrase or whole pages directly to english, so finding out these fees were easy, therefore if anyone needs to find out about translating webpages in the future they should also use Google, I expect a lot of people already know this, but hope it is of future use to others who did not.

Does anyone know if the 1% that is charged on the first death, if you register under the Universal community method, is on the full value of the property at time of death, or just half the value, as the survivor would surely already own the other half?   Also, if you adopt the Universal community method when you first purchase a house in France, do you still have to pay for this registration? As of course neither of these expenses are incurred in the U.K. it would be helpful to know. Thanks.

We are looking to buy in France in the very near future, and have been busy finding out all we can about the process. We have purchased two books which have been mentioned many times on this site and in Living France for information, but have found the following conflicting details. David Hampshires book "Buying a house in France", states the fees the Notarie charges for his services, (not taxes etc), at 5% up to 45734 euro's, and 2.5% above this amount. This is of course WAY more than a UK solicitor would charge, sure he handles both the sale and purchase, but its about 10 times more. Then when I read "Living in France" by Belvin Franks, this book states that the fees are about 1% of purchase price. Both of these books are the latest editions out. I have looked on the Notaries de France website but this does not give fees, so if the fees are regulated by law, surely this informaton should be available correctly for forward planning of financal matters. If anyone can help or point me in the right direction I would be very grateful.

The reason I asked this follow up question is because on page 78 of this months Living France, the correspondent states in his article (and I quote) "that under the UK/France inheritance tax treaty, inheritances (but not gifts), from a UK domiciled deceased to a French resident recipient are not liable to succession tax in France (except for French property), even where the recipent has been resident in France for more than six years". Now the person who wrote this is a professional in this field, who charges for his knowledge, however not so long ago he also wrote an article containing information about a 'La Poste account', and had to admit his information had been incorrect in a later addition, so do we believe everything we read in magazines? Not so long ago a feature on septic tanks stated that they had to be 30 metres deep, sure this was clearly incorrect to those of us who know, but to those who did not, confusing. This again was corrected in a later edition, but some readers may not have brought the next copy, leaving them with incorrect information, from a magazine that is purchased to obtain correct information. Bear in mind, no information at all, is better than incorrect information. The article also does not mention if social charges are payable, just that tax is not. I guess we will never get the full story from magazine articles, as if they told all, we would not have to pay for advice from professionals.

If you do not have to notify the tax department in France, I take it that there is no payments to make to any other department, i.e. social charges? When you bring the money into France and place it in an interest earning account, of course, I take it that the interest earned would  be subject to French tax and social charges, the same as if it was earning interest in a UK account.  

I have read the Forum, Living France and many books, and feel that the following example, for which I have used round figures, and a simple situation, is how French Inheritance Tax (F.I.T) works, can someone confirm if this is indeed correct.   A married couple (no previous marriages), with two adult children of their own with a total estate valued at €600K.   If nothing is altered, or marriage contract changed, then under French law, when the first of the couple dies, then half of the estate (i.e. €300K) would be subject to F.I.T. Of this €300K, it would be divided, giving each child, and the surviving spouse a third share each (i.e. €100K). They would have an allowance of €50K on the estate split between them, plus their own personal allowance, and the remaining amount would be subject to having to pay F.I.T.   The property would then be owned two thirds by the surviving spouse (€400K), and a sixth each by the children (€100K each).   The children could then sign somewhere (not sure where!) that the surviving spouse could stay at the property for the remainder of their life. Upon the death of the second spouse, the remaining inheritance, of two thirds (i.e. €400K) would be divided between the two children, and F.I.T would then be payable on that amount, less the €50K general allowance, and their personal allowances.   Is this scenario for this situation correct?   The other scenario is if a ‘communite de biens’ was inserted at the time of the purchase of the property, then on the death of the first spouse, the entire estate would transfer to the second spouse for a registration fee of 1% (Is this fee of 1% of the entire estate value, or just the half of the estate being transferred, i.e. 1% of €600K or €300K). Then on the death of the second spouse, all of the estate inheritance of €600K would at this point go to the two children, who would then have to pay F.I.T on it, less the €50K allowance and their own personal allowances.   The other questions I have on this subject are in relation to when these taxes have to be paid.   In the first scenario, if the second spouse remains in the house, would the children and the spouse have to find the due taxes to save the house being sold at this point, or is there a possibility of delaying these payments until the death of the second spouse? If the payments can be delayed, does the F.I.T department add interest to the due amount?   Any advice or comments would be very much appreciated.   Also, as a point of interest, how and who decides the value of the estate. Does the F.I.T  department send in a valuer at the time of each of the deaths, or is it based on self assessment?   Hope someone can advise on this, Thanks.  

Hi, We wonder if someone can help with this, We have a couple of endowment policies with Legal and general, which have five and seven years to run. If we stay in the U.K, they are paid out to us without any further tax being payable on maturity, Legal and general like to call this a "tax free lump sum", but it is in fact a "tax paid lump sum", as with all endowment policies each year the company takes it fee's and the profits are taxed before being added to your fund. So, at the end of the twenty five years tax has been paid to the U.K. government each year, and the sum we receive is what we have paid in, plus the profits after fees, life cover and taxes have been paid. If we move to France will we have to pay any Taxes to the French government when my policies mature? If we had taken a repayment mortgage, the amount owed on our house would be less now than if we had taken out an endowment policy, as of course we would have been paying off the capital as opposed to paying in to an endowment. We don't really wish to cash in the policies so near to the end, and miss all the bonuses that are added at the end, so need to know how this will be treated in France. As we were advised years ago, endowment was the best way by an independent F.A, [it sure was for him], we are reluctant to trust one again, If anyone has any knowledge of this, your advice would be much appreciated. Thanks, Roger

Hi Debbie, Follow up with the links recommended above, they are very useful. (Hope you can read French) I have pm'd you with a brief note. Best wishes, Julia  

Hi 5-element, Yes, I did mean resident, my brain has gone! I shall pm you later if that's okay. Thanks again.   PS: I am going to get onto the FNAIR website and try to get registered asap. I can fathom out some of it, but not clearly enough at the moment, Perseverance will prevail! I'll let you know how successful I am.