1.1 This guidance concerns what should happen when a person who is not ordinarily resident in the UK needs NHS treatment provided by a hospital in England. Such a person will be subject to the National Health Service (Charges to Overseas Visitors) Regulations 2011, as amended (the “Charging Regulations”). A person who is not ‘ordinarily resident’ in the
UK falls within the definition of an overseas visitor (regulation 2) and may incur a charge for treatment.
1.2 ‘Ordinary residence’ means, broadly, living in the UK on a lawful, voluntary and properly settled basis for the time being. It is defined in detail at paragraphs 3.4 to 3.16. A person who is not ordinarily resident in this country at the time of treatment is not automatically entitled to NHS hospital treatment free of charge. A person who is ordinarily resident is not subjected to this charging regime.
1.3 A person does not become ordinarily resident in the UK simply by: having British nationality; holding a British passport; being registered with a GP; having an NHS number; owning property in the UK, or having paid (or currently paying) National Insurance contributions and taxes in this country. Whether a person is ordinarily resident is a question of fact, for which a number of factors are taken into account.