Ex-pat Bill returns to Philippines without NHS op on bad leg

[deeen]

"Tory Chris Skidmore blasted the “free-for-all” system and urged the Government to issue a clear definition of who is eligible for care in the UK."

This was actualy the reason I posted on this thread, what is the eligibility?
A European I know moved to the UK in February, he will be on the electoral roll at his UK address in November, working and paying UK tax for a few months, can he then take advantage of free NHS treatment?

And if so, why not Bill Maudling?

[imagine]

This was actualy the reason I posted on this thread, what is the eligibility?
A European I know moved to the UK in February, he will be on the electoral roll at his UK address in November, working and paying UK tax for a few months, can he then take advantage of free NHS treatment?

And if so, why not Bill Maudling?

i guess bill maudlings 40 yrs of contributions will cover the european

[Terpe]

This was actualy the reason I posted on this thread, what is the eligibility?
A European I know moved to the UK in February, he will be on the electoral roll at his UK address in November, working and paying UK tax for a few months, can he then take advantage of free NHS treatment?

And if so, why not Bill Maudling?

Well on getting back to the original question you raised, take a look here at Eligibility Rules and follow any links that take your interest.

Basically it states:-

Under the current Regulations, anyone who has spent more than 6 months of the past 12 living outside the UK may no longer be entitled to free NHS hospital treatment in England. However, depending on your circumstances, you might still be considered ordinarily resident in the UK even if you have been absent for more than 6 months........

....Anyone who is deemed to be ordinarily resident in the UK is entitled to free NHS hospital treatment in England. “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.

Anyone who is not ordinarily resident is subject to the National Health Service (Charges to Overseas Visitors) Regulations 2011. 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.

Nationality or past or present payments of UK taxes and National Insurance contributions are not taken into consideration when establishing residence. The only thing relevant is whether you ordinarily live in the UK.

The rules around entitlement to free NHS treatment are actually quite complex, but there are some basic exemptions against charges.

All treatment given by staff at a hospital or by staff employed by a hospital may be subject to a charge with the following exceptions; which are free to all;
Treatment given in an accident and emergency department (excludes emergency treatment given elsewhere in the hospital);

Treatment given in a walk in centre providing similar services to those of an accident and emergency department of a hospital;

Treatment for certain communicable diseases (excluding HIV/AIDS where it is only the first diagnosis and connected counselling sessions that are charge free);

Compulsory psychiatric treatment.

Family planning services

If you enjoy a good read you can brush up on the existing legislation by checking out The National Health Service (Charges to Overseas Visitors) Regulations 2011

Just getting back to the main case of the thread, it seems that as a UK state pensioner there are some exemptions to be made also

If you have a UK state retirement pension and have lived in the UK (or been employed as a UK crown servant) for ten continuous years at some point in the past, you will be exempt from charges for treatment the need for which arises during your visit to the UK. This means treatment needed where the diagnosis of a condition is made when first symptoms arise during a visit to the UK. It also applies where, in the opinion of a doctor or dentist employed by an NHS hospital, treatment is needed quickly to prevent a pre-existing condition increasing in severity, eg dialysis. It does not include routine monitoring of an existing condition such as diabetes.

This exemption extends to your spouse, civil partner and children (under the age of 16, or 19 if in further education) as long as they are lawfully present with you for the duration of your stay.

We really don't know the medical or other facts, but it seems to me that if this procedure was considered to be either an emergency or was needed to prevent the 'pre-existing condition increasing in severity' then he would not need to pay any charges. Well that's how I read it anyway.