Out of the UK for more than 3 months and the NHS

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  • DavidKlyne
    DavidKlyne Club Member Posts: 13,867 ✭✭✭
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    edited November 2016 #32

    This document  I think covers what is being discussed. Its an archive NHS document dated 2011 so whether its changed I am not sure. It seems to class living outside the UK for more that 3 months every year but does this apply to a one off extended holiday? In the scheme of things if you went away for 4/5 months its probable that no one would notice. However imagine a situation where you GP needed to contact you and there were no replies to phone calls of letters then he might assume that you had moved away and could strike you off his books. Increasingly our travels will be monitored electronically so whether the NHS would have access to those record who knows. It all sounds a bit big brother but that does seem to be the way we are going!!!

    David

  • JVB66
    JVB66 Forum Participant Posts: 22,892
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    edited November 2016 #33

    There was again tonight on both BBC & ITV local news, a piece about how it is working in Pboro and a possible roll out over NHS England

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited November 2016 #34

    There was again tonight on both BBC & ITV local news, a piece about how it is working in Pboro and a possible roll out over NHS England

    What, finding and charging returning holidaymakers, who have spent too long on holiday, or charging for 'health tourism'?  

  • dwlgll20
    dwlgll20 Forum Participant Posts: 139
    edited November 2016 #35

    This story comes from the Public Accounts Committee meeting on 21/11/16 titled 'Overseas Patients on the NHS'. It's all about the NHS reclaiming charges when treating overseas patients. The Department of Health are trying to change the culture to get local Trusts to reclaim the costs treating overseas patients for secondary treatment, they have set a target of claiming back £500 million. The NHS do not currently charge for primary care (A&E etc). The 'system' of claiming is a complete mess and the Peterborough have increased their reclaiming from 37% to 95% and they have been identified as good practice that other Trusts should look at. 

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited November 2016 #36

    Well, I have to say I agree with that, but the OP suggested that it would apply to returning holidaymakers too, and I just wonder where this part of the story actually came from.  

  • dwlgll20
    dwlgll20 Forum Participant Posts: 139
    edited November 2016 #37

    PLM can you please include the links to the documents. I am sure it will help all.

  • crissy
    crissy Forum Participant Posts: 154
    edited November 2016 #38

    So, I own a house in the UK, I'm registered there on the electoral roll to vote, I pay council tax on this house which is listed as my main residence. My driving licence has been bought and delivered to that address.  I pay my taxes in the ipuk. My income
    is paid into a uk bank. I'm registered with a doctor in the UK. 

    But if I go on a round the world cruise, I won't be eligible for NHS treatment when I get back?

  • crissy
    crissy Forum Participant Posts: 154
    edited November 2016 #39

    Here's the answer. From the 2015 document. It is specifically stated there are no time limits. The important thing is ordinary residence:

    6.3-6.9 and Chapter 9, paragraphs 9.22, 9.24.

    Q: I have a patient who lives both here and in Spain, spending most of their time there.


    Where are they ordinarily resident?

    A: A person can be ordinarily resident in more than one country at once. As long as they


    are properly settled here, despite spending more time in their other place of residence, they


    will meet the ordinary residence test. There is no requirement that the time be equally split


    between the UK and another country in order to maintain ordinary residence in the UK.


    Where a person has lived in more than one country for several years, consideration needs


    to be given to whether there is a pattern of regular trips to the UK over the years that


    demonstrates a sufficient degree of continuity to establish ordinary residence in the UK. The


    length and number of trips to the UK, family and other relationships with people in the UK,


    financial, property and other connections to the UK will all be relevant factors in determining


    if the person is ordinarily resident in the UK despite spending time living in another country. If


    they live only in Spain, and are only here as a visitor, not as a resident, then they will not meet


    the ordinary residence test.

    Although the patient may be deemed to be ordinarily resident they may still be insured in


    Spain, and may be entitled to a Spanish EHIC. Details of which can be processed and the


    cost of care reimbursed.

    Q: Can a non-EEA national without ILR be ordinarily resident in the UK?

    A: A non-EEA national without ILR can only pass the ordinary residence test if they are not

  • crissy
    crissy Forum Participant Posts: 154
    edited November 2016 #40

    So if someone who lives in Spain and makes regular visits can be regarded as living here so can Someone who has been on a long holiday

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited November 2016 #41

    I think there must have been some misunderstanding somewhere - as Crissy says! Surely this isn't intended to catch out long holidaymakers.  My brother and his wife had a longer than three month round the world trip, half the population of eighteen/nineteen
    and early twenties seems to have a 'gap year', many of us 'mature couples' spend long summer holidays in Europe - can this really be intended at those groups.  I think not, nor is it intended to target those who spend the winter in Spain.  So as Eurotraveller
    said early, let's not get too worked up about it (until we get the piece of paper telling us we have to pay)................?!!!!!Cool

  • balooboat
    balooboat Forum Participant Posts: 5
    edited November 2016 #42

    HI Valda.

    Sorry to interupt this discussion.

    Im having a problem with the BMP file I downloaded for Spain. I have the files but don't know which is the correct file for Spain.

    Any help would be welcome.

    Chris.

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited November 2016 #43

    Email me at valdaathome@gmail.com

  • redface
    redface Forum Participant Posts: 1,701
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    edited November 2016 #44

    OK, so we can all go back to sleep then, secure in the knowledge that our foreign travels won't affect us visiting the NHS when we get back home.

    Phew!

  • dwlgll20
    dwlgll20 Forum Participant Posts: 139
    edited November 2016 #45

    I think I may have solved this issue. The 3 month rule for being out of the country relates to being registered with a GP Practice.

    If you are out of the country for more than 3 months the GP Practice is required to remove you from the list of their patients. But it takes you to tell them you will be out of the UK, unless of course they find out because you don't reply to letters, phone calls etc.

    This is all contained in the Standard General Medical Services Contract. Paragraph 13.14 is about Removals from the list of patients absent from the United Kingdom etc, (see page 106). Specifically it's in paragraph 13.14.1 which states the Practice shall

    "....remove a patient from the Contractor’s list of patients where it receives notification that that patient-
    (a) intends to be away from the United Kingdom for a period of at least three months;.... or

    (d)  has been absent from the United Kingdom for a period of more than three months; ..."

    Hope this clarifies the OP.

     

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited November 2016 #46

    I think I may have solved this issue. The 3 month rule for being out of the country relates to being registered with a GP Practice.

    If you are out of the country for more than 3 months the GP Practice is required to remove you from the list of their patients. But it takes you to tell them you will be out of the UK, unless of course they find out because you don't reply to letters, phone calls etc.

    This is all contained in the Standard General Medical Services Contract. Paragraph 13.14 is about Removals from the list of patients absent from the United Kingdom etc, (see page 106). Specifically it's in paragraph 13.14.1 which states the Practice shall

    "....remove a patient from the Contractor’s list of patients where it receives notification that that patient-
    (a) intends to be away from the United Kingdom for a period of at least three months;.... or

    (d)  has been absent from the United Kingdom for a period of more than three months; ..."

    Hope this clarifies the OP.

     

    My sister opens all our post, and sends on (or replies to) anything which she thinks is urgent and I'm not sure that I've ever received a letter from my GP anyway.  They do everything by text or phone these days, and I can reply from wherever I am in the world saying 'No I don't want my flu jab, or whatever ................'!  

    I suspect this will only be applied in reality only very rarely and then probably only if they want to get rid of you anyway.

     But that doesn't mean you aren't entitled to free NHS treatment anyway - just that if removed from a GP's list you will need to register with another GP, not pay for your treatment.