Help with CPAM challenge to my E121

[David]

I have been resident in France for about two years, and I have a form E121 which records me as "invalidity".  I have a carte vital and for the last 18 months I have been receiving 100% re-imbursement, and my wife recieves 65%.  All fine.

I am only 58 so I do not receive a pension, but I do receive invalidity benefit from Newcastle.

I have just received a letter from CPAM stating that they have new information and are suspending my reimbursements.  They attach a letter quoting "attestation sur l'honneur du versement d'une pension (article 28 du reglement 1408/71", and then ask me if I am receiving a pension from another "membre de l'EEE", or from France.

I do not receive any pension, but I am in receipt of payments under a private long term disability insurance, and I wonder if the invalidity benefit or insurance could be seen to be a pension.  Both of these have been recently declared to the local French tax office.

I do not understand the reason for this demand, and I am worried that CPAM are trying to revoke my 100%.

I wonder if any member could advise about the above regulation "article 28 du reglement 1408/71" and what difference the receipt or not of a pension makes to the 100% re-imbursement under the form E121.

 

[Tourangelle]

You have my sympathy, it sounds like a complicated situation.  I wonder whether it is in fact confusion over the word "pension".  In French it seems to have a slightly wider meaning than in English (for example pension alimentaire means alimony).  Hopefully it is just a misunderstanding, perhaps a bad translation. 

Jane

[David]

I clarified the position with CPAM with the help of a French friend.  It
seems the problem was my invalidity benefit.  The tax people told me this
was not taxed as a pension, but was classed, and taxed, as a benefit.  I
therefore told CPAM that I did not have a pension.  After a while the tax
people seem to have told CPAM that I was receiving money, and CPAM wanted to
know what it was.  I told them about the incapacity benefit, and all became
clear.  As far as CPAM is concerned the incapacity benefit is a pension.
They wanted to know whether I was receiving a pension from a country outside
France, or a pension from France, or no pension at all.  They were relieved
that I was receiving a pension, as I could support myself, and they only
wanted to know who paid the pension so they could decide whether I stayed in
the international division, or whether I would be transferred to the French
domestic division of CPAM.  As the benefit was paid by the UK, I stay in the
international division, and my 100% allowance under the E121 is not
affected.