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Amendments to NHS (Charges to Overseas Visitors) Regulations 1989 - Failed Asylum Seekers
Last updated 16 May 2008
The Minister for Health and Social Services has agreed to amend the Regulations to include failed asylum seekers as exempt from charges for treatment. Further changes to the Regulations, introduced in England in 2007, will also be brought in.
Date of decision:
18 April 2008
Statement of information:
Access to NHS hospital treatment is based on ordinarily residence in the United Kingdom. Anyone who is not ordinarily resident in the UK is subject to the NHS (Charges to Overseas Visitors) Regulations 1989, which apply in England and Wales. The Regulations place a responsibility on NHS Trusts to establish whether a person is ordinarily resident; exempt from charges under one of the exemptions categories; or liable for charges.
The exemption category states that asylum seekers shall not be charged for any services forming part of the health service provided for an overseas visitor who has been accepted as a refugee in the UK, or who has made a formal application of leave to stay as a refugee which has not yet been determined.
In Wales the Regulations will be amended so that if an asylum seeker’s claim is rejected they will no longer be charged for treatment but will be entitled to receive free NHS treatment until the point of departure to their country of origin.
In addition the following changes, introduced in England in 2007, will also be brought in:
• The spouse, civil partners and dependent children of Crown Servants, employees of the British Council and Commonwealth War Graves Commission and members of HM Armed Forces, will be exempt from hospital treatment charges irrespective of whether the principle exempt person is in the UK. This will include anyone working abroad in a job financed in part by the UK Government or a public body of some other country or territory.
• Missionaries, their spouse, civil partners and dependent children will be exempt from hospital treatment charges regardless of whether he derives a salary or wage from the organisation, or receives any type of funding or assistance from the organisation for the purposes of working for the overseas organisation.
• An amendment to Schedule 2 of the principal Regulations which lists countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement.
Links:
The National Health Service (Charges to Overseas Visitors) Regulations 1989 (External site)
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2004 (External site)
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006 (External site)
18 April 2008
Statement of information:
Access to NHS hospital treatment is based on ordinarily residence in the United Kingdom. Anyone who is not ordinarily resident in the UK is subject to the NHS (Charges to Overseas Visitors) Regulations 1989, which apply in England and Wales. The Regulations place a responsibility on NHS Trusts to establish whether a person is ordinarily resident; exempt from charges under one of the exemptions categories; or liable for charges.
The exemption category states that asylum seekers shall not be charged for any services forming part of the health service provided for an overseas visitor who has been accepted as a refugee in the UK, or who has made a formal application of leave to stay as a refugee which has not yet been determined.
In Wales the Regulations will be amended so that if an asylum seeker’s claim is rejected they will no longer be charged for treatment but will be entitled to receive free NHS treatment until the point of departure to their country of origin.
In addition the following changes, introduced in England in 2007, will also be brought in:
• The spouse, civil partners and dependent children of Crown Servants, employees of the British Council and Commonwealth War Graves Commission and members of HM Armed Forces, will be exempt from hospital treatment charges irrespective of whether the principle exempt person is in the UK. This will include anyone working abroad in a job financed in part by the UK Government or a public body of some other country or territory.
• Missionaries, their spouse, civil partners and dependent children will be exempt from hospital treatment charges regardless of whether he derives a salary or wage from the organisation, or receives any type of funding or assistance from the organisation for the purposes of working for the overseas organisation.
• An amendment to Schedule 2 of the principal Regulations which lists countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement.
Links:
The National Health Service (Charges to Overseas Visitors) Regulations 1989 (External site)
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2004 (External site)
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006 (External site)
