NHS charges to overseas visitors (Joining Family Members)
Summary of Information:
In July 2022 the IMA was alerted to an inaccuracy within guidance concerning NHS charges to overseas visitors published by the Department for Health and Social Care (DHSC), the public authority responsible for government policy on health and adult social care matters in England. This guidance tells NHS bodies who they must charge for some NHS Services.
The issue related specifically to the position of joining family members of EU and EEA EFTA citizens and the fact that paragraph 9.14 of the guidance incorrectly stated that joining family members who were late applicants to the European Union Settlement Scheme (EUSS) would lose access to free NHS healthcare until they have obtained their EUSS leave.
As a result of the inaccuracy, there was concern about the potential consequences for joining family members of EU and EEA EFTA citizens, who might have been incorrectly charged for NHS services.
The IMA has been in contact with the DHSC and worked together to agree how to resolve the issues identified.
Summary of Actions and Evidence:
Upon receiving correspondence from the IMA, the DHSC took action and confirmed that they have completed the following actions:
- Amended paragraph 9.14 of the guidance to clarify that joining family members who have applied to EUSS (after the deadline for making their application) will not be charged until their application is determined.
In order to promote the correct guidance:
- Published a reminder on the Overseas Visitors forum and to Overseas Visitors Managers and highlighted that the mechanism for reimbursement of charges that have been wrongfully paid in England falls within the route to redress under Regulation 5 of the National Health Service (Charges to Overseas Visitors Regulations 2015).
Importantly, as part of other ongoing work DHSC have committed to working with NHS England to ensure relevant bodies review their cases to identify anyone incorrectly charged for NHS services, including joining family members of EU and EEA EFTA citizens and, where appropriate, for those relevant bodies to seek to refund those individuals.
Summary of Decision
On the basis of the actions that the DHSC have already undertaken and the proposed actions going forward, the IMA believes that the potential concerns identified can be resolved and the issue concluded as an Early Case Resolution.
The IMA will monitor the DHSC’s compliance with the proposed actions to ensure any joining family members of EU and EEA EFTA citizens, who might have been incorrectly charged for NHS services, will be reimbursed.
