What to Do If DWP Refuses Your S1 Application (2026)

*DWP sometimes refuses S1 applications from people who have worked in France, on the grounds that they are "entitled to" a French pension. This is contrary to European law — and it is a refusal you can and should challenge. This article explains the position according the text of Article L351-1 of the French Code de la sécurité sociale and EC Regulation 883/2004.

Disclaimer: This article is based on my understanding and interpretation of the relevant legal texts. I do not give legal or tax advice and you should consult a qualified tax expert for your situation.

If you have applied for an S1 from NHS Overseas Healthcare Services and been told you cannot have one because you worked in France or are entitled to a French pension — this I believe is incorrect.

RIFT (Remain In France Together), the registered charity advocating for UK nationals in France, documented a specific case where DWP Newcastle refused an S1 on exactly these grounds and stated explicitly: *"This response is contrary to European law and should be challenged."*

If you have not claimed your French pension — if it has not been liquidated and is not being paid to you — France is not the competent state for your healthcare, and the UK cannot lawfully refuse your S1 on that basis.

Read this alongside our guide to [deferring your French pension to protect your S1](https://www.taxpert.fr/blog/defer-french-pension-protect-s1) for the full strategic picture.

## Why DWP Refuses an S1

The S1 application is typically handled by phone. NHS Overseas Healthcare Services advisors follow a script designed to determine which country is "competent" for your healthcare under the UK-EU Trade and Cooperation Agreement (or the Withdrawal Agreement for those who established residence before 1 January 2021).

The script is a flowchart. Frontline advisors are not lawyers. When they hear that an applicant has worked in France or has some connection to the French pension system, they follow the "France may be competent" branch — and the application is refused or redirected.

The problem is that the question being asked, and the way most people answer it, produces the wrong outcome.

If you are asked:

**"Are you entitled to, or do you receive, a pension from the country you are living in?"**

This question sounds straightforward. Most honest, thorough applicants hear "entitled to" and think: *"Well, I worked in France for a few years and I have some trimestres, so yes — technically I am entitled to a small pension when I want it."*

They answer yes. The application is rejected. France is deemed their competent state.

**The question is that word "entitled" in the advisor's script - is it being used colloquially?

Let’s look at the actual Texts

1. For Pre-Brexit Arrivals: The EU-UK Withdrawal Agreement

If you moved to France before January 1, 2021, your S1 rights are governed by the Withdrawal Agreement, which directly imports the rules of EU Regulation 883/2004.

The core text is Article 24 of Regulation (EC) No 883/2004 (Coordination of social security systems), which dictates healthcare coverage for pensioners residing in a different country than the one paying their pension.

The Exact Text (Article 24, Paragraph 1):

"A person who receives a pension or pensions under the legislation of one or more Member States and who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for himself/herself and the members of his/her family..."

The "Tie-Breaker" Text (Article 23):

When multiple countries are involved, Article 23 establishes which country pays for healthcare when someone lives in one state but has work history in multiple states. It states:

"A person who receives a pension or pensions under the legislation of two or more Member States, of which one is the Member State of residence, and who is entitled to benefits in kind under the legislation of that Member State, shall... receive such benefits in kind from and at the expense of the institution of the Member State of residence."

Note carefully that the text requires that the person "receives a pension" from the country of residence for that country to take over healthcare. If the French pension is deferred, you are not in receipt, meaning Article 23 cannot be triggered to strike down a UK S1.

2. For Post-Brexit Arrivals: The UK-EU Trade & Cooperation Agreement (TCA)

If you moved to France after January 1, 2021, your S1 rights are governed by the post-Brexit Protocol on Social Security Coordination within the TCA. The UK and EU explicitly copied the exact language from the old EU rules to maintain continuity.

The definitive text is found in Title II (Sickness, Maternity and Equivalent Paternity Benefits), Article SSC.22 of the Protocol.

The Exact Text (Article SSC.22, Paragraph 1):

"A person who receives a pension or pensions under the legislation of one or more States and who is not entitled to benefits in kind under the legislation of the State of residence shall nevertheless receive such benefits for themselves and the members of their family..."

3. The Official French Version: "Titulaire d'une pension"

In French European law, the term used is "titulaire d'une pension" (holder of an active pension), which legally implies the pension has been liquidated and is actively in payment.

The French Text (Article 24 du Règlement 883/2004) :

"Une personne titulaire d'une pension ou de pensions en vertu de la législation d'un ou de plusieurs États membres et qui n'a pas droit aux prestations en nature en vertu de la législation de l'État membre de résidence bénéficie néanmoins de ces prestations..."

My conclusion

The international accords do not say "a person who has accumulated pension quarters" or "a person who has reached retirement age." They explicitly say "a person who receives a pension." If a pension is deferred, it is not being received. Therefore, an un-liquidated, deferred French pension is legally invisible to the S1 framework.

## Claiming a Pension

Now let’s look at what both the UK and France say about claiming pensions.

1. France: The Statutory Right to Delay Liquidation

In French law, a pension is a property right that remains dormant until the citizen chooses to trigger it. There is absolutely no text in the Code de la sécurité sociale that mandates liquidation at retirement age.

The Legislative Pillar: Article L351-1 (CSS)

As established, Article L351-1 of the French Code de la sécurité sociale is the primary text. It uses the exact legal wording:

"L'assurance vieillesse garantit une pension de retraite à l'assuré qui en demande la liquidation..."

The Legal Interpretation: The phrase "qui en demande" (who requests it) establishes that a request is a prerequisite for the benefit to exist. Without a request, no administrative body has the legal authority to create, calculate, or pay the pension.

The Administrative Policy: Assurance Retraite (CNAV) Circulars

The Caisse Nationale d'Assurance Vieillesse (CNAV) explicitly treats retirement as an optional milestone. In its operational manuals and consumer guides, it clarifies:

"La retraite n’est pas attribuée automatiquement. Pour l'obtenir, vous devez en faire la demande." (Retirement is not awarded automatically. To obtain it, you must apply for it.)

Because it is an opt-in framework, the system is designed to allow citizens to continue accumulating quarters (trimestres) via the Surcote mechanism (gaining extra percentage points for working/waiting past full retirement age under Article L351-1-2), proving that deferral is a standard, legally recognized choice.

2. United Kingdom: The Right to Defer the State Pension

In the UK, the rules are even more explicit. The Department for Work and Pensions (DWP) does not automatically pay the State Pension when you reach state pension age (currently 67). You must actively claim it.

The Legislative Text: Pensions Act 2014 & Social Security Administration Act 1992

For anyone reaching State Pension age, the statutory mechanism for deferral is baked into primary legislation.

Under Section 1 of the Pensions Act 2014 (for the New State Pension):

(1) A person is entitled to a state pension payable at the full rate if the person has reached state pension age and has... the required number of qualifying years. (3) A person’s entitlement to a state pension under this section is subject to making a claim.

Furthermore, Section 1(1) of the Social Security Administration Act 1992 explicitly states:

"...no person shall be entitled to any benefit unless... a claim for it is made in the prescribed manner and within the prescribed time."

The Statutory Deferral Mechanism: Section 16 (Pensions Act 2014)

The law actively defines what happens if you choose not to claim. Section 16 of the Pensions Act 2014 outlines "Option to defer more than once," legally defining deferral as a period where:

"...the person has reached state pension age but has not made a claim for the pension."

DWP Official Guidance

The UK government's consumer-facing and administrative guidance mirrors this legislative reality perfectly:

"You do not get your State Pension automatically — you have to claim it. If you do nothing, your State Pension will automatically be deferred."

## The DWP's Own Position — On the Record

The DWP's verbal position, when pressed directly, supports this. French-Property.com, one of the most authoritative sources on this topic, reported: *"The UK DWP has stated to us that until such time you take receipt of your French pension you would remain entitled to an S1."* They declined to put this in writing — but the statement was made.

I believe that if DWP Newcastle refuses an S1 on grounds of French pension eligibility, it is acting contrary to its own stated position, contrary to EC Regulation 883/2004, and contrary to the primary French legislation that governs pension liquidation.

## If You Are Refused — Step by Step

### Step 1 — Do not accept the refusal A verbal refusal on the phone is not the end of the process. Ask for the refusal in writing, with the specific legal basis cited.

### Step 2 — Write back with the legal argument Send a written response — by post or secure message — citing the following:

- **EC Regulation 883/2004, Articles 23/24** — healthcare competence is determined by pension receipt, not entitlement - **Article L351-1 of the French Code de la sécurité sociale** — a French pension requires explicit liquidation ("qui en demande la liquidation") and does not exist in legal terms until claimed - **The DWP's own stated position** — that until receipt of a French pension, S1 entitlement from the UK is maintained

State clearly: *"I have not liquidated my French pension. I do not receive any French pension. Under Article L351-1 of the French Social Security Code, a pension that has not been liquidated does not exist in the eyes of the coordination rules. France is not the competent state for my healthcare. I am entitled to an S1 from the UK."*

### Step 3 — Request a Mandatory Reconsideration If the written response does not resolve the matter, escalate to a formal **Mandatory Reconsideration**. This is the standard DWP appeals process and requires them to review the decision with proper legal scrutiny rather than a frontline script.

### Step 4 — Contact RIFT RIFT (Remain In France Together) at [remaininfrance.fr](https://www.remaininfrance.fr) have direct experience with this issue and have documented the unlawful refusal pattern. Their Citizens' Rights group has over 22,000 members and their team has direct lines into the British Embassy and relevant government departments. Contact them for support and guidance if you are encountering resistance.

### Step 5 — Seek specialist advice If the refusal persists after Mandatory Reconsideration, a welfare rights specialist with experience in international social security coordination can assist. The legal basis for your position is solid — but navigating a formal appeal may require specialist support.

## What About the UK State Pension Application — The International Trigger

There is one additional trap worth knowing about. When you apply for your UK State Pension through the International Pension Centre, the DWP is legally required to notify other countries you have worked in — including France. This can result in CARSAT (the French pension authority) contacting you with a pre-filled pension application form.

This is not an instruction to claim your French pension. It is an automated coordination process. You are under no obligation to complete or return that form. If you receive one, respond explicitly stating that you do not wish to liquidate your French pension at this time and wish to defer.

Returning the form without that statement — or completing it without reading carefully — can accidentally start the liquidation process. See our guide on [deferring your French pension](https://www.taxpert.fr/blog/defer-french-pension-protect-s1) for the full picture on what triggers liquidation and how to avoid it.

## Common Mistakes

1. **Accepting the verbal refusal without challenge.** A phone refusal is the beginning of the process, not the end. Ask for it in writing and follow the steps above.

2. **Answering "yes" to entitlement during the application.** The legally precise answer — if you have not liquidated a French pension — is that you do not receive one. Entitlement to an unclaimed pension is irrelevant to the coordination question.

3. **Not citing the specific legal texts.** A general complaint will not get far. Citing Article L351-1 and EC Regulation 883/2004 by name signals that you understand the legal position and are not going to accept an incorrect outcome.

4. **Completing CARSAT forms sent after the UK State Pension application.** These are triggered automatically by international coordination processes. They are not a requirement to claim your French pension.

## Treaty and Legislative References

Full text of Article L351-1: [Légifrance](https://www.legifrance.gouv.fr/codes/article\_lc/LEGIARTI000047444395)

## Frequently Asked Questions

### What is the exact legal basis for challenging the refusal?

Two primary sources: EC Regulation 883/2004 (Articles 23/24), which determines healthcare competence by pension receipt; and Article L351-1 of the French Social Security Code, which establishes that a French pension requires explicit liquidation and does not exist in legal terms until claimed.

### How do I contact RIFT for support?

Visit [remaininfrance.fr](https://www.remaininfrance.fr) and join their Citizens' Rights Facebook group. Their team has direct experience with international social security coordination issues and DWP challenge processes.

### If I was wrongly refused and paid social charges I shouldn't have, can I get that money back?

Possibly — through corrected French tax returns. The French assessment window is generally three years. If you have been without an S1 because of an incorrect DWP refusal, and you can establish that you were entitled to one, it is worth exploring with a tax specialist whether a correction is possible.

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