The National Health Service (Charges to Overseas Visitors) Regulations 2015
2015No. 238
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Charges to Overseas Visitors) Regulations 2015
5thFebruary2015
16thFebruary2015
6thApril2015
The Secretary of State for Health, in exercise of the powers conferred by sections 175 and 272(7) and (8) of the National Health Service Act 2006( 1), makes the following Regulations.
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Regulations 2015 and come into force on 6th April 2015.
Interpretation
2. In these Regulations-
"the 1971 Act" means the Immigration Act 1971( 2);
"the 2006 Act" means the National Health Service Act 2006;
"the 2014 Act" means the Immigration Act 2014( 3);
"authorised child" means a child who-
(a) has been granted leave to enter the United Kingdom with a parent for the purpose of the parent receiving a course of treatment in respect of which no charge may be made or recovered under regulation 17; or(b) is a child of an authorised companion;"authorised companion" means a person who has been granted leave to enter the United Kingdom to accompany a person who is obtaining a course of treatment in respect of which no charge may be made or recovered under regulation 17;
"child" means a person who is under the age of eighteen;
"entry clearance" has the meaning given in section 33(1) (interpretation) of the 1971 Act( 4);
"immigration health charge" means a charge payable under an order made under section 38 (immigration health charge) of the 2014 Act;
"immigration rules" means the rules laid before Parliament under section 3(2) (general provisions for regulation and control) of the 1971 Act;
"overseas visitor" means a person not ordinarily resident in the United Kingdom( 5);
"parental responsibility" has the meaning given in section 3 (meaning of "parental responsibility") of the Children Act 1989( 6);
"reciprocal agreement" means arrangements agreed mutually between the Government of the United Kingdom and the Government of a country or territory outside the United Kingdom for the provision of health care;
"registered dentist" has the meaning given in section 53(1) (interpretation) of the Dentists Act 1984( 7);
"relevant NHS body" means-
(a) an NHS foundation trust;(b) an NHS trust; or(c) a local authority within the meaning of section 2B (functions of local authorities and Secretary of State as to improvement of public health) of the 2006 Act( 8) exercising public health functions (within the meaning of that Act( 9));"relevant services" means accommodation, services or facilities( 10) which are provided, or whose provision is arranged, under the 2006 Act other than-
(a) primary medical services provided under Part 4 (medical services);(b) primary dental services provided under Part 5 (dental services);(c) primary ophthalmic services provided under Part 6 (ophthalmic services); or(d) equivalent services which are provided, or whose provision is arranged, under the 2006 Act;"ship" includes fishing vessels and hovercraft;
"treatment the need for which arose during the visit" means-
(a) diagnosis of symptoms or signs occurring for the first time after the overseas visitor's arrival in the United Kingdom; or(b) treatment, provided that the overseas visitor has not travelled to the United Kingdom for the purpose of seeking that treatment, which in the opinion of a registered medical practitioner or registered dentist employed by or providing services to the relevant NHS body is required promptly for a condition which arose, or became acutely exacerbated, after the overseas visitor's arrival, or which, but for the treatment, would be likely to become acutely exacerbated,which cannot wait until the overseas visitor can reasonably be expected to return to the overseas visitor's country of ordinary residence.
PART 2
Provision for making and recovery of charges
Obligation to make and recover charges
3.-(1) Where the condition specified in paragraph (2) is met, a relevant NHS body must make and recover charges for any relevant services it provides to an overseas visitor from the person liable under regulation 4 (liability for payment of charges).
(2) The condition is that the relevant NHS body, having made such enquiries as it is satisfied are reasonable in all the circumstances, including in relation to the state of health of that overseas visitor, determines that the case is not one in which these Regulations provide for no charge to be made.
(3) Where more than one relevant NHS body provides relevant services to an overseas visitor, each relevant NHS body must make and recover charges for the relevant services it provides to that overseas visitor in accordance with paragraph (1).
(4) A relevant NHS body that makes and recovers a charge in accordance with paragraph (1), must give or send to the person making the payment a receipt for the amount paid.
(5) Subject to paragraph (6), where-
(a) a relevant NHS body has determined that an overseas visitor is exempt from being charged for relevant services under these Regulations, except where the overseas visitor is exempt from being charged by virtue of-(i) regulation 10 (immigration health charge);(ii) regulation 11 (overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge); or(iii) regulation 25(3) (family members of overseas visitors - children born to a parent exempt under regulation 10 or 11);(b) the overseas visitor has received relevant services from a relevant NHS body as part of a course of treatment; and(c) prior to the course of treatment being completed, a relevant NHS body has determined that the overseas visitor is no longer exempt from being charged for relevant services under these Regulations,a relevant NHS body may not make and recover charges under paragraph (1) in respect of relevant services provided as part of that course of treatment during a period where the overseas visitor has remained in the United Kingdom without absence.
(6) Paragraph (5) does not apply where a relevant NHS body has determined that a person is exempt from being charged for relevant services as a result of that body receiving fraudulent or misleading information.
Liability for payment of charges
4.-(1) The person liable to pay charges under these Regulations is, unless paragraph (2), (3) or (4) applies, the overseas visitor in respect of whom the relevant services are provided.
(2) Where-
(a) an overseas visitor is employed or engaged or works in any capacity on board a ship and whose normal place of work is on board a ship; and(b) that overseas visitor is present in the United Kingdom in the course of that employment, engagement or work,the person liable to pay charges under these Regulations is the shipowner of the ship on which the overseas visitor is employed, engaged or works.
(3) Where an overseas visitor is an air crew member and is present in the United Kingdom in the course of that employment, the person liable to pay charges under these Regulations is the employer of that overseas visitor.
(4) Where an overseas visitor is a child, the person liable to pay charges under these Regulations is the person with parental responsibility for that child.
(5) In this regulation-
"air crew member" means any person employed or engaged in an aircraft in flight on the business of the aircraft;
"shipowner" has the meaning given in regulation 2(1) (interpretation) of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc) Regulations 2014( 11).
Repayment of charges made and recovered by relevant NHS bodies
5.-(1) Where a sum has been paid in respect of a charge for relevant services by or on behalf of a person who-
(a) at the time that the relevant services were provided was an overseas visitor in respect of whom these Regulations provide for no charge to be made or recovered; or(b) did not receive the relevant services for which the charge was payable,a claim for repayment of the sum may be made in accordance with this regulation.
(2) A person making a claim for repayment ("the claimant") of a sum must provide to the relevant NHS body-
(a) the receipt for payment of the sum;(b) a declaration in support of the claim signed by or on behalf of the claimant; and(c) such other evidence in support of the declaration as the relevant NHS body may require.(3) The relevant NHS body must repay to the claimant the amount of the sum if it is satisfied that the sum was not payable by virtue of these Regulations.
(4) For the purposes of this regulation, the relevant NHS body is the one to which the sum was paid.
Provision relating to recovery of charges in respect of refugees and victims of human trafficking
6.-(1) This paragraph applies to an overseas visitor who-
(a) received relevant services from a relevant NHS body;(b) subsequent to receiving the relevant services, has become an overseas visitor who is exempt from charges under-(i) regulation 15(a) (refugees, asylum seekers, supported individuals and looked after children); or(ii) regulation 16 (victims of human trafficking); and(c) at the time that the overseas visitor received the relevant services-(i) where paragraph (1)(b)(i) applies, was in the United Kingdom for the purpose of making an application to be granted temporary protection, asylum or humanitarian protection under the immigration rules, but had not made that application; or(ii) where paragraph (1)(b)(ii) applies, was a person to whom regulation 16 applies but had not yet been identified as such.(2) An overseas visitor to whom paragraph (1) applies is to be treated for the purposes of these Regulations as if, at the time that the relevant services were provided, the overseas visitor was an overseas visitor in respect of whom no charge may be made or recovered for the relevant services.
(3) A relevant NHS body which, in respect of an overseas visitor...
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