Is complémentaire santé solidaire restored to S1 holders?

I understand that the CSS free top-up insurance scheme is available again to S1-holder pensioners whose healthcare is paid for by another country. Is that correct?

Yes, there was a stoppage in 2022-2023; however, a new analysis of EU social security rules, especially ECJ case law, was behind France’s decision to restore access to the CSS health top-up to low-income UK and EU pensioners.

We spoke to the European Commission about its position on this after readers contacted us following France’s decision, in spring 2022, to stop giving CSS to S1 holders, based on a strict interpretation of sections of the French social security code.

French social security authority Direction de la sécurité sociale confirmed to us in 2023 that ‘in-depth’ legal analysis of EU law was the reason for reversing the policy.

It stated that this included British S1 holders, based on social security coordination rules in the Withdrawal Agreement (WA). It also applies to UK ‘newcomers’, based on the Trade and Cooperation Agreement, the DSS confirmed.

We do not know if this resulted specifically from inquiries we made with the European Commission from September 2022, including asking if the French policy complied with EU free movement rules. The Rift group for Britons’ rights also reported discussing the issue with the European Commission in November 2022.

An EU official said: “Following the journalist’s inquiry, the Commission contacted the relevant French authorities in December 2022. The Commission’s view was that CSS should be provided to EU and UK citizens, covered by the WA, who are registered for healthcare in France based on the S1 form. 

In their reply, the French authorities acknowledged that granting the CSS had been temporarily suspended in spring 2022 but confirmed that the CSS is a benefit coordinated under Regulation 883/2004 and is therefore provided to both EU and UK citizens (covered by the WA) with an S1.”