Update on the regulatory framework for NHS charges in a no-deal scenario

The Department of Health and Social Care (DHSC) drafted a set of regulations for potential changes in charging concerning citizens from the Switzerland, the European Economic Area (EEA) and the European Free Trade Association (EFTA).

The changes will be in effect on the day after exit day in the case the UK leaves the EU with no deal and will only apply in England.

The following citizens will still be eligible for free NHS care:

  • EEA and Swiss citizens living in the UK on or before exit day; their families will also be eligible for free NHS regardless of their time of arrival
  • EEA and Swiss citizens visiting or studying in the UK on or before the exit date, until their temporary stay finishes
  • Irish citizens need to meet only the ordinarily resident test
  • EEA and Swiss citizens who move to the UK after exit day, must fulfil two criteria:
    • Meet the ordinary resident test
    • Hold European Temporary Leave to Remain from the Home Office once freedom of movement ends
  • EEA and Swiss visitors with authorisation for planned treatment, regardless of the day of the treatment
  • EEA and Swiss citizens who work as frontier workers in the UK on or before the exit date
  • People living in the EU returning temporarily in England, whose healthcare is funded by the UK
  • Swiss citizens protected by the Swiss Citizens’ Rights Agreement
  • EEA and EFTA citizens protected by the  EEA EFTA No Deal Citizens’ Rights Agreement (Norway, Iceland and Lichtenstein)

In any other case, after exit day the standard NHS Tariff will be chargeable. This, though, could be recovered by the individual’s private health or travel insurance.

For further information regarding regulatory changes in a no deal scenario visit the Brexit pages on MAP Europe.

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Published on 10. April 2019 in News, News EU, News UK