NHS charging for successful late EUSS applicants

Summary of Information

Stakeholders raised concerns to the IMA about a number of citizens in England who had incurred charges for NHS treatment after missing the deadline for submitting an EUSS application for children and joining family members. The IMA explored whether these NHS charges are compatible with the Agreements and whether particular cohorts of citizens are affected more than others.

For most EUSS applicants, the deadline for applications to the EUSS was 30 June 2021.

When applying for a child, you must apply within 90 days of either:

• your child being born or adopted in the UK
• the date your child first arrived in the UK after 31 December 2020

More information about applying for EUSS for children can be found at Apply to the EU Settlement Scheme (settled and pre-settled status): Applying for your child

Summary of Actions and Evidence

The IMA considered information shared by stakeholders and policy information shared by DHSC. The IMA considers it is compatible with the Agreements to seek to recover charges for NHS treatment during the period between the expiry of the application deadline and the acceptance of a valid application to the EUSS. This means that following expiry of the deadline, a child or joining family member is only able to access their rights under the Agreements where they have made a valid application to the EUSS. This includes being able to use all of the NHS for free.

However, the IMA recognizes that citizens and their families can face difficulties due to incurring NHS charges, in some instances equating to large sums of money. The existence of an outstanding debt can have potentially detrimental effects on citizens’ ability to access their rights in the future, for example, securing rental agreements. A child or joining family member who has not applied for status, could face difficulties accessing other rights in the future, such as the right to work or study in the UK.

The information gathered suggests there is a low level of awareness amongst some citizens, particularly those who are vulnerable or hard-to-reach, of the requirement to submit an EUSS application for children and/ or joining family members.

Summary of Decision

The IMA considers that charging for NHS treatment during the period between the expiry of the deadline and the acceptance of a valid EUSS application is compatible with the Agreements.

No further action will be taken at this time in respect of NHS charges. If the IMA receive any further information or complaints about this or related issues, these will be considered on their merits and in line with IMA’s internal processes.

Following this work, the IMA recognizes the concerns about the potentially low levels of awareness of the requirement to submit an EUSS application for children and joining family members, and the possible consequences of failing to submit an application, or to meet the deadline. The IMA will be gathering information on “EUSS applications: awareness of the need to submit an application for children and joining family members”.

Some NHS services are free for everyone. The below websites contain information about accessing NHS services:

• Healthcare for EU citizens living in or moving to the UK
• How charges for NHS healthcare apply to overseas visitors
• How to access NHS services in England if you are visiting from abroad

Other organisations which may be able to offer support or advice are listed on the IMA webpage: Contact Us – Independent Monitoring Authority for the Citizens’ Rights Agreements