Question 43596 — French people abroad

Summary

Mr. Stéphane Vojetta draws the attention of the Minister of Solidarity and Health to the social protection of French people established abroad in the European Union and having previously resided in New Caledonia. It is requested by French nationals residing in Spain and previously in New Caledonia and covered by the CAFAT unified health and maternity insurance scheme (RUAMM) as majority managers of an SCI. Still having this self-employed activity, they must still pay for this insurance but without being able to benefit from it in Spain. The coordination decree passed between France and New Caledonia (decree no. 2002-1371 of November 19, 2002 in force since December 1, 2002) provides for coordination rules in matters of social protection but the scope of application is limited, on the one hand, to mainland France and the overseas departments, on the other hand to New Caledonia. This decree provides in particular that a person who carries out an employed or self-employed activity on French territory or in New Caledonia is subject to the legislation of the State of activity and benefits from its benefits for himself and the members of his family who reside in the territory of New Caledonia. However, a self-employed worker who transfers his residence to Spain continues to be obligatorily liable for the health insurance contribution in New Caledonia but cannot benefit from rights to benefits in Spain due to the absence of an agreement between France, New Caledonia and Spain. In addition, European regulations on the coordination of social security systems only target EU-EEA-Switzerland states, New Caledonia being excluded from the scope. of application since it is an overseas territory (OCT). Consequently, the RUAMM cannot cover health care provided in Spain and the person concerned must affiliate with the Spanish social security system for their care in Spain and in Europe with the European Health Insurance Card. Also, in the interest of social justice, so as not to financially penalize those who promote links between New Caledonia and a European country by their mobility, he would like to know if solutions are being studied and if it is possible to envisage a possible discussion in order to reach a trilateral agreement between New Caledonia, France and the countries of the European Union.

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