Brexit implications

Some older British people in France continue to make use of certain disability benefits which are 'exported' from the UK in order to help them cope with daily life.

These include the Personal Independence Payment and Attendance Allowance.

Some people under state pension age also continue to receive the long-term incapacity benefit Employment and Support Allowance.

Continuing exportability of these UK benefits to older people who benefit from the Brexit Withdrawal Agreement (WA) deal was secured for those who continue to meet the eligibility criteria.

However for those British people who move to France now, exportability of UK benefits is limited.

The uprating (annual increase) in UK state pensions of future UK pensioners moving to France was, however, included in both the WA and the subsequent Trade and Cooperation Agreement, covering the future UK-EU relationship.

This means that, unlike in many non-EU countries, Britons can continue to move to the EU and claim fully uprated pensions.

Another area that was called into question by Brexit is the ability of UK state pensioners who move to France and have never worked in France to claim the French pension top-up benefit Aspa (Allocation de Solidarité aux Personnes Agées).

EU citizens and WA card holders may claim this on the same basis as French people but usually non-EU citizens who move to France are obliged to have held a residency permit allowing work for at least 10 years prior to making a claim.

In a 2022 circular, French national pension body Cnav said an exception will be made for Britons coming after Brexit compared to other non-EU citizens.

It said they need to have come on a status allowing for work, but will not yet be held to the full requirement of 10 years, as no Britons prior to 2021 needed residency cards.

Having said this, most British retirees now come to France on a status that does not allow work (however after five years of residency in France they may apply for a carte de résident, which does allow work if desired).

The key point to remember regarding Brexit is that the WA deal aimed at maintaining the status quo for Britons who were living in France before the end of the transition period but the rights of those coming afterwards are somewhat reduced.

It should be noted, though, that all those in legal, stable residence in France maintain certain rights to obtain French benefits of non-contributory kinds, which include some important aids for those with dependency needs, such as the Allocation Personnalisée d'Autonomie (APA).