LATEST ANNOUNCEMENT PUBLISHED BY FRENCH GOVERNMENT

[cooperlola]

http://www.securite-sociale.fr/comprendre/europe/europe/cmu_inactifs.htm

[Pommier]

At last!!!

So, am I correct in reading at the bottom of questions/answers that anyone with less than 5 years residence but with grave illness will be allowed on CMU?

It doesn't affect us as we're fortunate to have more than 5 years residency, but it's something which lots of people will want to know. 

[cooperlola]

That's how I read it Cheryl, but we are currently getting this translated properly.  We are working on some documents for the website, to give a comprehensive picture, as soon as it is humanly possible.

www.frenchhealthissues.eu

[Clair]

Point d'information:

Affiliation à la CMU pour les ressortissants communautaires inactifs, étudiants ou demandeurs d’emploi

La circulaire de la Direction de la sécurité sociale du 23 novembre 2007 vient préciser les dispositions prises par le décret du 29 mars 2007 qui transpose dans le droit français la directive européenne du 29 avril 2004 sur la régularité du séjour.

Les ressortissants communautaires et assimilés, résidant en France notamment en qualité d’inactifs, d’étudiants ou de demandeurs d’emploi peuvent bénéficier de la couverture maladie universelle dès lors qu’ils séjournent en France de manière régulière. Toutefois, leur droit au séjour, qui ne se formalise plus par la détention obligatoire d'un titre de séjour, repose sur deux conditions: la détention de ressources suffisantes et d’une couverture maladie complète.

Pour les personnes ne totalisant pas 5 ans de résidence régulière et ininterrompue, l’accès à la CMU ne doit être accordé que lorsque, ayant acquis un droit de résider, ces ressortissants connaissent un accident de la vie les conduisant à perdre leurs ressources ou leur assurance maladie.

Néanmoins, les ressortissants communautaires qui se sont vu accordés le bénéfice de la CMU de base jusqu'au 23/11/07 pourront continuer à en bénéficier.

Cette circulaire entre en application le 23 novembre 2007.

Afin de faciliter la compréhension de la circulaire, la Direction de la sécurité sociale propose une liste de réponses à des questions pratiques que les ressortissants communautaires peuvent se poser.

*************************************************************************************************************

Affiliation to CMU for inactive EU nationals, students or job seekers

The notice from the Direction of the French national social security, dated 23 November 2007, clarifies the dispositions taken by the decree of 29 March 2007, which transposes European directive into French law of 29 April 2004 on the regularity of residence.

EU citizens residing in France, specifically non-workers, students or job seekers can benefit from the CMU, as long as their stay in France is permanent. However, their right to reside, which no longer depends on obtaining a residence card, rests on two conditions: having sufficient financial resources and a comprehensive sickness insurance.

For those persons not totalling 5 years of regular and uninterrupted residence, access to the CMU can only be granted when, once they have acquired a right to reside, these persons are subject to an accident of life leading them to lose their financial resources or their health insurance.

However, EU nationals who have been granted access to the CMU de base up to 23/11/07 will continue to benefit.

This notification comes into force on 23 November 2007.

To facilitate understanding of the notification, the Department of Sécurité Sociale has provided a list of answers to practical aspects that EU nationals may be wondering about.

Why are the rules of affiliation to the CMU being modified now for some EU nationals?

Like other EU countries, France is obliged to comply with the EC Directive No. 2004/38/EC of 29 April 2004 which lays down the rules applicable to the lawful stay of EU nationals.

But these rules have a direct impact on membership of the CMU in France. This directive has been implemented in the Act of 24 July 2006 on immigration and integration, then by the decree of 21 March 2007. This implementation has also been supplemented by the Act of 5 March 2007 on enforceable Housing Rights in response to the situation of people coming in France to seek employment. Finally, the circular No.2007/418 of Direction de la Sécurité Sociale dated 23 November 2007 completes the transposition of the Directive and clarifies some points regarding access to the CMU. This circular is effective November 23 2007.

What impact do these new rules concerning the right to stay have on affiliation to the CMU in France?

In setting new conditions to the right to stay, the new European directive has a direct impact on access to certain social benefits in France. This is particularly the case for basic CMU and supplementary CMU, which are based on a dual prerequisite for lawful and stable residence in France.

What are the new conditions concerning the right to stay defined by the European directive?

Under Directive 2004/38, inactive EU nationals can reside in a Member State other than their State of origin provided 2 criteria are met:

• The detention of a comprehensive health cover
• Adequate financial resources in order not to become an unreasonable burden on the finances of the receiving State.

In other words, an inactive EU national coming reside in France cannot rely on a right of residence if he does not benefit from medical cover prior to his arrival.

What happens if an EU national does not meet these two conditions and it gets ill?

When these two conditions are not fulfilled or are no longer met, the person no longer enjoys the right to stay and his stay is no longer lawful. If the person becomes ill and has lived in France for less than 3 months, the person can benefit from the "emergency care" arrangement. If the person has been in France for more than three months, the person is eligible for Aide Médicale de l'Etat (AME), as long as its conditions are met, particularly with regards to financial resources.

With regards to the CMU, who is concerned by this change?

Generally speaking, these rules apply to nationals from the EU, the European Economic Area and Switzerland (subject to the specific features of the EU-Switzerland agreement) and their family members, whether or not they are nationals of the states mentioned above.

More specifically today, those concerned are the inactive persons and job seekers recently settled in France and who are not affiliated to the CMU as of 23 November 2007. Those affected in future will be the inactive persons and job seekers wishing to settle in France.

In this context, an inactive person is described as a person who is not engaged in a professional activity and thus not affiliated to health cover in a professional capacity. In this context, a job seeker is anyone entering France to search for employment.

Will those in possession of an E106 have automatic access to the CMU on expiry of their form?

No. Unlike EU nationals already benefiting from the CMU, holders of an E106 have not been given access to this cover. Therefore, it is not possible to allow them access to the CMU, as they did not benefit from it beforehand.

It follows that, in order for their stay to continue to be in lawful at the expiry of the rights conferred by this form, these people must have a health insurance.

With regards to the CMU, who is not concerned by this change?

EU nationals affiliated to the CMU as of 23 November 2007 are not affected, because at the time their request for access to the CMU was approved, the prerequisite for lawful stay was deemed to be met without conditions.

After review of their case by their local CPAM, these people will remaind in the CMU.

What about students and retired people?

Both categories of people fall within the scope of the directive and are therefore subject to the need to have health insurance.

In practise however, students either come under the health cover of their country of origin, or failing that, under the French student social security if they are under the age of 28.

For retired people, in the vast majority of cases, they receive coverage from the State they were previously employed in, if they are in receipt of a state pension and if that state pension offers access to health care.

How long does an EU national have to reside in France, before being automatically entitled to the CMU?

The new EU directive, 29/04/2004 states that after 5 years of regular and uninterrupted residence in the host country, any EU national acquires a right of permanent residence in the host country. In other words, the right to permanent residence acquired at the end of 5 years of residence in France allows any EU citizen to benefit from the CMU.

The right to permanent residence will be investigated by the immigration authorities in the préfecture of the department of residence.

Under which circumstances may EU nationals be granted access to the CMU before 5 years of lawful and uninterrupted residence?

When either of the conditions (adequate financial resources, health coverage) which allow inactive EU citizens in lawful residence to stay is no longer met, it does not

automatically mean the end of their right to stay.

Indeed, if certain conditions are met, and especially if the EU national is confronted with an accident of life, his and his family's right to stay will be maintained and allow an appeal to access the CMU.

The case for an accident of life is made when the person is faced with unforeseeable circumstances for financial or health reasons (separation from or death of a spouse, end of marital life, denial of insurance in the event of serious illness, unforeseeable at the time of relocation…), thereby making access to health cover problematic.

Contact:

For further information concerning their personal circumstances, individuals may contact the CNAMTS (International Telephone Service + 33 (0) 8 20 90 42 12) or CLEISS (+ 33 (0) 1 45 26 33 41 ).

[Deimos]

I see that they say that they are compelled to do this by 2044/38/EC.  Poor French government has absolutely no choice in the matter other than to do this !!!

So to save money they are throwing those who are not sick off and losing their contributions, but keeping those who are already sick and treating them -> net cost increase.  And these people have access to armies and big bombs !!!  God help the world.

Ian

[Russethouse]

Is there a link to the FAQs ?

[Clair]

I'm working on them now.

You can see them in French here: http://www.securite-sociale.fr/comprendre/europe/europe/q_r_cmu_inactifs.htm

[Russethouse]

Thanks Clair.

Am I understanding this correctly ? If you arrive from a country that has no scheme similar to E106 you would have had to join the CMU immediately? However now the British government allowing 2 years of payment toward health costs means that Brits will be penalized ?

 Or do all other countries have such schemes ?

[cooperlola]

[quote user="Russethouse"]

Thanks Clair.

Am I understanding this correctly ? If you arrive from a country that has no scheme similar to E106 you would have had to join the CMU immediately? However now the British government allowing 2 years of payment toward health costs means that Brits will be penalized ?

 Or do all other countries have such schemes ?

[/quote]This is not lost on us, R/H.  It will be one of the prongs of our next attack! 

PERSONALLY I think this latest statement is going to make the arguments easier for the rest of the E106 holders - not least for the reason you cite.

[cooperlola]

[quote user="Clair"]I'm working on them now.
You can see them in French here: http://www.securite-sociale.fr/comprendre/europe/europe/q_r_cmu_inactifs.htm
[/quote]You are a star!  Bet there are times when you wish you weren't a real virtual bi-lingual French person![:D]

[ams]

No such scheme in ireland.

 

ams

[cooperlola]

[quote user="ams"]

No such scheme in ireland.

 

ams

[/quote]So presumably you are a CMU contributor and therefore OK?  Although I assume you don't get an E121 either and therefore will pay your 8% forever.  But at least you know you'll get treatment without ever having to jump through any hoops to get it.

[ams]

We are contributors and do pay the 8% and will continue to pay until we get our E121 which is a long way off. So now as other people have said it is time to devote 100% of our time in fighting the unjust position that the E106 people face.

 

ams

[cooperlola]

[quote user="ams"]

We are contributors and do pay the 8% and will continue to pay until we get our E121 which is a long way off. So now as other people have said it is time to devote 100% of our time in fighting the unjust position that the E106 people face.

 

ams

[/quote]I don't know about 100% of my time, ams! However, as I read the rules attached to the statement, it is very vague as to how those with pre-existing and chronic conditions get in, even, so there will probably be a lot of applications and appeals to conduct - I do not envy the CPAM staff or those having to approach them before January 5th.

[ams]

We have some very good friends that are currently on an e106 that finish in january 2007. Fortunately they are in excellent health. They both have  CV's and have received the standard "give it back letter" at the end of march 2008. I wonder does the fact that they have CV mean that they are in the system.

 

ams

[Fleur]

To all who have been lobbying, translating and feeding information to us, a heartfelt thank you.

 

We're not sure if we're in or out, but well done all.

 

[Clair]

The translation I posted earlier has been corrected and fine-tuned.

I have also translated the Q&A.

Please remember that I am not a professional, so be kind... [:D]

[Rozmum]

So, from what we can understand so far...........has anything actually changed from the statement on 27th November and the one issued today?

[cooperlola]

[quote user="Rozmum"]So, from what we can understand so far...........has anything actually changed from the statement on 27th November and the one issued today?[/quote]Yes, because AME is no longer the recourse for those with pre-exisiting conditions, as it was in the statement which appeared briefly on 27th Nov.

[Steve Roberts]

Looks like a part time job for me then!

http://www.french-property.com/newsletter/2007/12/14/

 

 

[Boiling a frog]

May be my mistake in translation but one of the most important pieces of this announcement slipped in  appears to be that for the people who cannot obtain medical assurance because of a pre existing condition they may be eligible for CMU but only if the pre existing condition was not foreseen when they moved to France.

[cooperlola]

We (FHI) have been discussing this too.  Of course, for instance, a diabetic probably knew they were ill before they came, but if already here they wouldn't have known this would result in them being illegals at some unspecified time in the future would they?

The document is a complete fudge, imo.

[Boiling a frog]

I agree that up until a few months ago they would have thought that they could join CMU when the E106 expired and that could be seen as unfair.

Just as the healthy E106 are now going to have to find private medical assurance.

I can see the French Govts point tho. They do not want EU citizens who have a medical problem coming to France to benefit from the French health system,and if they had not included this condition it would have left the door open to those people..

The statement will take some time to digest as will the actual circular which may make the situation slightly clearer.

At least we now know the playing field and can direct attention to the E106 holders.       

 

[ams]

It looks like to me that inactives in the CMU prior to the 23.11.2007 will be allowed to remain in the system after REVIEW of their case by their local CPAM office.

 

I imagine they will be looking at the "adequate financial resources" aspect of each case.

ams

[Ron Avery]

[quote user="Boiling a frog"]May be my mistake in translation but one of the most important pieces of this announcement slipped in  appears to be that for the people who cannot obtain medical assurance because of a pre existing condition they may be eligible for CMU but only if the pre existing condition was not foreseen when they moved to France.[/quote]

 

Doesn't it also now say that unless a short term resident ie passing through, that all residents must have adequate resources or they will not be allowed to stay in France?