| Chapter 2: Overseas
Visitors, Definitions |
Statutory/Manual References |
| "The Regulations" |
|
| 1. The Regulations are the NHS
(Charges to Overseas Visitors) (Scotland) Regulations 1989, as amended by the NHS (Charges
to Overseas Visitors) (Scotland) Amendment Regulations 1992, the NHS (Charges to Overseas
Visitors) (Scotland) Amendment Regulations 1994 and the NHS (Charges to Overseas Visitors)
(Scotland) Amendment Regulations 1998. |
|
| "Overseas Visitor" |
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| 2. In terms of the 1989 Regs
"overseas visitor" means a person not ordinary resident in the UK. |
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| "Ordinarily
resident" 3. The Regulations define an "overseas visitor" as someone
who is "not ordinarily resident in the United Kingdom". There is no
definition in the Regulations of "ordinarily resident", but the Regulations
specifically exempt all overseas visitors from NHS charges once they have resided in the
UK for "not less than 1 year". |
1989 Reg 1(2) 1989 Reg 4(b) |
| 4. Visitors intending to stay in
the UK for less than 6 months should not be regarded as ordinarily resident.
Someone with permanent homes in both the UK and another country would have to have lived
in the UK home for more than 6 months in the year immediately preceding their claim, in
order to be exempt from NHS charges. |
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| 5. In cases of doubt legal advice
should be obtained before a decision is taken. |
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| "Treatment the need for
which arose during the visit" |
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| 6. The Regulations define
"treatment the need for which arose during the visit" as: |
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i. diagnosis of symptoms or signs occurring for the first
time after the visitor's arrival in the UK; and
|
1989 Reg 1(2) |
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ii. any other treatment which, in the opinion of a medical
or dental practitioner employed by, or under contract with, a HB or, as the case may be,
NHS Trust, is required promptly for a condition which:
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a. arose after the visitor’s arrival; or
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b. became acutely exacerbated after arrival; or
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c. would be likely without treatment to become acutely
exacerbated.
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| Note: In the case
of pregnancy treatment includes medical, dental and nursing services relating to their
condition or for the prevention or diagnosis of illness. |
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| "Child" |
|
| 7. The Regulations define
"child" as a person under the age of sixteen, or under the age of nineteen if
treated for the purposes of the Child Benefit Legislation as in full-time education at
school or college of further education in the UK but not if at university or
some other form of higher education. |
1989 Reg 1(2) |
| "Member of the
family" |
|
| 8. The Regulations define this
term by reference to the Regulations made under Article 5 of the Treaty establishing the
European Economic Community whether applying the term to a national of a member state or
stateless person or refugee entitled to NHS treatment. |
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| Dependants |
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| 9. The Regulations do not
define 'dependants' but if a person is exempt from NHS charges, then so are
that person’s spouse and children. |
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| Unmarried couples |
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| 10. Unmarried couples for all
intents and purposes should be regarded as individual patients. An exception applies where
one partner is named as a dependant of the other on a relevant EC exemption
form. |
Chapter 11 |
| EEA terminology |
|
| 11. The Regulations do not
define 'EEA national' but the expression, for the purposes of this Guidance means a
national of a EEA member state or stateless persons or refugees residing within the
territory of one of the member states as well as family members and their survivors
irrespective of their nationality. The EEA consists of the member states of the European
Community (EC) (ie Austria, Belgium, Denmark, Finland, France, Germany, Greece, the
Republic of Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the
UK (includes Gibraltar) plus Iceland, Norway and Liechtenstein. The EC reciprocal health
care arrangements apply to all these countries, including dependent territories bound by
EC Regulations. Any future changes will be notified. If in doubt The Scottish Office
European Funds Division (Tel: 0131 556 8400) will confirm the latest position. |
Chapter 12 |
| Equity of treatment |
|
| 12. Overseas visitors who qualify
for NHS care under the terms of the reciprocal or other health care agreements should be
treated no differently from a UK resident other than in the qualified
circumstances set out in this Manual. |
Chapter 7 |
