Overseas visitors entitlement to UK state hospital treatment

1. Entitlement to NHS hospital treatment is based on residence in this country. Nationality or the past or present payment of income tax or National Insurance contributions is irrelevant when establishing residence. Anyone who is deemed to be ordinarily resident in the UK is entitled to free NHS treatment.

“Ordinarily resident” is a common law concept interpreted by the House of Lords in 1982 as someone who is living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, with an identifiable purpose for their residence here which has a sufficient degree of continuity to be properly described as settled.

2. Anyone who is not ordinarily resident is subject to the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended. These regulations place a responsibility on NHS hospitals to establish whether a person is ordinarily resident; or exempt from charges under one of a number of exemption categories, or liable for charges.

3. The Regulations place a legal obligation on all NHS trusts to identify and charge those people not entitled to free NHS hospital treatment. Therefore, all trusts should have systems in place for establishing whether a patient is ordinarily resident or exempt from charges and therefore entitled to access free NHS hospital treatment.

From 1st April 2004 all patients receiving a new course of hospital treatment, with the exception of treatment given in an A&E Department, or attending an outpatient appointment for the first time can expect to be asked the following questions:

i) Where have you lived for the past 12 months?

Patients who have lived in UK for the past 12 months will be asked the further question:

ii) Can you show you have the right to live here?

Patients who have not lived in the UK for at least 12 months or do not have the right to live in
the UK will be asked other questions to establish whether they are exempt from charges.

4. Where it is established a person is not ordinarily resident or exempt then a charge will be levied and cannot be waived.

In these circumstances, medical health insurance must be obtained to form part of the residency application. If not coming to the UK under a European reciprocal agreement, private insurance must be purchased.

However, medical and health insurers in the UK require members to already be registered with a General Practitioner (GP) for primary healthcare purposes, therefore the only insurance suitable to this market is plans designed for expatriates ~ and many would also argue that the policy would need to meet basic Schengen Treaty terms in the amount of benefit offered.

We at Essential Health Ltd have been dealing with Ex-pats and In-pats for many years now and are well versed with the terms required. We can recommend the most suited and cost efficient plan to meet your needs while integrating into the UK, once full residency has been achieved we can advise on local domestic schemes as well to ensure you are always getting the right cover.

Many people try to cut corners and avoid additional costs associated with health insurance, you should be warned that as with most European Countries today, it forms part of your application to reside here. Avoidance or failure to meet this requirement can often lead to your application being turned down.

Essential Health is an impartial and independent health insurance specialist broker. We deal with all UK and most international insurers and can assist with both Personal and Company needs.

For more information, visit our website at http://www.essentialhealthltd.co.uk or by telephoning +44 870 428 1005 or toll-free on 0800 977 6006 from within the UK



Other Useful Links:

Department of Health Guidelines
http://www.dh.gov.uk/en/Policyandguidance/International/OverseasVisitors/Browsable/DH_074373

The National Health Service (Charges to Overseas Visitors) Regulations 1989
http://www.opsi.gov.uk/SI/si1989/Uksi_19890306_en_1.htm

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006
http://www.opsi.gov.uk/si/si2006/20063306.htm