(a) is in receipt of a retirement pension under the Social Security Contributions and Benefits Act 1992 or the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992 or a state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015;

(b) resides in the United Kingdom for at least six months and in a member State for less than six months each year; and

for services forming part of the health service which he receives during the period he resides in the United Kingdom.

(2) No charge shall be made in respect of any services forming part of the health service provided for the spouse , civil partner or child of an overseas visitor to whom this regulation applies where he lives on a permanent basis with the overseas visitor during the period they reside in the United Kingdom.

Exemption from charges for treatment the need for which arose during the visit

Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation

Exemption from charges for exceptional humanitarian reasons

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Liability for payment of charges

Repayments

Revocation of Regulations

PART IV — Other Diseases

Monkeypox

6B

Regulation 6A as inserted for England shall additionally have effect in Wales subject to the modification that for the references to the “Secretary of State” there shall be substituted references to the “National Assembly for Wales.

Severe Acute Respiratory Syndrome.

...

“Games Family” —means the group of individuals who are taking part or involved in the Olympic or Paralympic Games in London 2012 (“the Games”), and who have been given a letter code for the purpose of receiving free treatment the need for which arose during the visit to the United Kingdom.

This includes the following groups:

Athletes — comprising athletes and their supporting team officials participating in the Games as accredited members of a National Olympic Committee or National Paralympic Committee delegation;

Technical officials — comprising the team of individuals that officiates the field of play and athlete areas at the Games;

Press — comprising the Games accredited representatives of photographic and written press;

Broadcasters — comprising the Olympic Broadcast Service and all the Games- related rights holding broadcasting organisations;

Olympic and Paralympic family — comprising the International Olympic Committee and International Paralympic Committee organisations (and their constituents), Chairmen and Chief Executive Officers (or equivalent).

SCHEDULE 4 — Definition of Commonwealth Games Family, the IPC Athletics European Championships Family and a NATO delegate or accredited person

1

“Commonwealth Games Family” —means the group of individuals who are taking part or are involved in the Commonwealth Games in Glasgow and who have been given a letter code for the purpose of receiving free treatment the need for which arose during the visit to the United Kingdom.

2

“IPC Athletics European Championships Family” —means the group of individuals who are taking part or involved in the International Paralympic Committee (“IPC”) Athletics European Championships in Swansea.

3

“NATO delegate or accredited person” —means a delegate or a NATO accredited person attending the North Atlantic Treaty Organization (“NATO”) summit in Newport in 2014.

Pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza).

Overseas visitors with citizens’ rights

4B

(1) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who has an entitlement to the provision of those services without charge by virtue of a right arising from—

(a) Title III of Part 2 of the withdrawal agreement;

(b) Title III of Part 2 of the EEA EFTA separation agreement; or

(2) Subject to paragraphs (3) to (5) of this regulation, no charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a member of the family of another overseas visitor (“the principal overseas visitor”) if—

(a) the overseas visitor is lawfully present in the United Kingdom;

(b) the overseas visitor is visiting the United Kingdom with the principal overseas visitor; and

(3) The exemption in paragraph (2) only applies if both conditions in paragraphs (4) and (5) are satisfied.

(4) The first condition is that—

(a) the overseas visitor does not have a right under an agreement mentioned in paragraph (1), and

(b) the reason that the overseas visitor does not have such a right is because the overseas visitor is not recognised as a member of the family (within the meaning of Article 1(i) of Regulation (EC) No 883/2004).

(5) The second condition is that the relevant services provided to the overseas visitor are services that the overseas visitor would be entitled to receive without charge by virtue of a right under an agreement mentioned in paragraph (1) if the overseas visitor had such a right.

(6) For the purposes of this regulation, unless otherwise provided, “member of the family” means—

(a) the spouse or civil partner of an overseas visitor; or

(b) a child in respect of whom an overseas visitor has parental responsibility.

(7) In paragraph (1), “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020.

Overseas visitors with a United Kingdom issued S1 healthcare certificate or equivalent document

4C

(1) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who—

(a) was ordinarily resident in an EEA state or Switzerland immediately before implementation period completion day,

(b) continues to be ordinarily resident in an EEA state or Switzerland on and after implementation period completion day,

(d) holds a S1 healthcare certificate, or an equivalent document, issued to or in respect of that person by a competent institution of the United Kingdom.

(2) No charge may be made or recovered in respect of any relevant services provided to—

(a) the spouse or civil partner of an overseas visitor; or

(b) a child in respect of whom an overseas visitor has parental responsibility,

if that overseas visitor is exempt from charges under paragraph (1).

Persons who make late applications under Appendix EU to the immigration rules

4D

(1) No charge may be made or recovered in respect of relevant services provided to an overseas visitor to whom paragraph (2) or (3) applies during the period which begins on the date on which the application mentioned in paragraph (2)(b) or (3)(b), as the case may be, is made and which ends on the date on which that application is finally determined under Appendix EU to the immigration rules.

(2) This paragraph applies to a person who is an overseas visitor by virtue of section 39 of the 2014 Act who—

(a) is eligible to apply for leave to enter or remain in the United Kingdom under Appendix EU to the immigration rules, and

(b) makes a valid application for leave to enter or remain in the United Kingdom under that Appendix to those rules after the application deadline.

(3) This paragraph applies to a person who is an overseas visitor by virtue of section 39 of the 2014 Act who—

(a) was granted limited leave to enter or remain in the United Kingdom under Appendix EU to the immigration rules, and

(b) after the expiry of that limited leave to enter or remain, makes a valid application for indefinite leave to enter or remain in the United Kingdom under Appendix EU to the immigration rules.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a person has made an application mentioned in paragraph (2)(b) or (3)(b) and has received relevant services during the period specified in paragraph (1), if the Local Health Board or NHS trust—

(a) has made charges for relevant services received during that period, but has not yet recovered them, it must not recover those charges;

(b) has made and recovered charges for relevant services received during that period, it must repay any sum paid in respect of those charges.

(6) In paragraph (2), “application deadline” has the meaning given in regulation 2 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

Exemption from charges for treatment the need for which arose during the visit

EU Exit: transitional arrangements

5A

Where an overseas visitor who is ordinarily resident in an EEA state or Switzerland has—

(a) before implementation period completion day received relevant services from a Local Health Board or NHS trust, or

(b) on or after implementation period completion day received relevant services from a Local Health Board or NHS trust as part of a course of treatment which commenced before implementation period completion day,

the charges payable in respect of those services must be calculated in the same way as provided for by regulation 13(1) of the National Health Service (Cross-Border Healthcare) Regulations 2013.

Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation

Exemption from charges for exceptional humanitarian reasons

Liability for payment of charges

Repayments

Revocation of Regulations

Overseas visitors with Trade and Cooperation Agreement Rights

4E

(1) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who has an entitlement to the provision of those services without charge by virtue of a right arising from the SSC Protocol provisions of the Trade and Cooperation Agreement.

(2) In paragraph (1), “the SSC Protocol” has the same meaning as in section 26(5) of the European Union (Future Relationship) Act 2020 (“the 2020 Act”) and “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the 2020 Act.

Exemption from charges for treatment the need for which arose during the visit

EU Exit: transitional arrangements

Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation

Exemption from charges for exceptional humanitarian reasons

Liability for payment of charges

Repayments

Revocation of Regulations

Immigration health charge

4F

(1) In this regulation, “relevant period” means—

(a) where—

(i) an immigration health charge is payable;

(ii) an exemption from paying an immigration health charge applies as a consequence of any exemption provided for in an order made under section 38 (immigration health charge) of the 2014 Act;

(iii) the Secretary of State has exercised discretion to reduce or waive all or part of an immigration health charge in accordance with such an order;

(iv) the Secretary of State has exercised discretion to refund part of an immigration health charge paid under such an order; or

(v) in a case to which paragraph (5) applies, the Secretary of State has exercised discretion to refund all of an immigration health charge paid under such an order,

the period of leave to enter or remain in the United Kingdom which is granted to the overseas visitor, or has effect on their arrival in the United Kingdom, in respect of the application for entry clearance or leave to remain to which the immigration health charge, exemption, reduction, refund or waiver relates; and

(b) in a case where the overseas visitor’s leave to enter or remain in the United Kingdom is extended by virtue of—

(i) section 3C (continuation of leave pending variation decision); or

(ii) section 3D (continuation of leave following revocation),

of the 1971 Act, the period in respect of which leave is extended under those sections.

(2) No charge may be made or recovered under these Regulations in respect of any relevant services provided during the relevant period to an overseas visitor in respect of whom—

(a) an immigration health charge has been paid;

(b) an exemption from paying such an immigration health charge applies, unless paragraph (3) applies;

(d) a refund for part, or in a case to which paragraph (5) applies (but only in that case) all, of an immigration health charge has been made,

in accordance with an order made under section 38 of the 2014 Act.

(3) Subject to paragraph (4), this paragraph applies where a person is exempt from payment of an immigration health charge under an order made under section 38 of the 2014 Act by virtue of having made an application—

(a) for entry clearance where, if granted in accordance with the immigration rules, the entry clearance would have effect on arrival in the United Kingdom as leave to enter for 6 months or less, or where the leave to enter which may be granted pursuant to that entry clearance would be for 6 months or less if granted in accordance with the immigration rules; or

(b) for entry clearance—

(i) before 6 April 2016, under Part 2 of the immigration rules (visitors to the UK); or

(ii) on or after 6 April 2016, under Appendix V to the immigration rules (immigration rules for visitors).

(4) Paragraph (3) does not apply where a person is exempt from the payment of an immigration health charge by virtue of paragraph 1(o) of Schedule 2 to the Immigration (Health Charge) Order 2015.

(5) No charge may be made to or recovered from a person under these Regulations—

(a) in respect of any relevant services provided to that person on or after 27 October 2020 and during the relevant period; and

(b) where a full refund of an immigration health charge has been made to, or in respect of that person on the ground that they are a—

(i) person who is working in the field of health or social care; or

(ii) dependant of a person who is working in the field of health or social care.

(6) Paragraph (2) does not apply in respect of relevant services that are provided to an overseas visitor—

(a) who is granted leave to remain in the United Kingdom under Appendix S2 Healthcare Visitor to the immigration rules; and

(b) in respect of whom a waiver to the immigration health charge applies,

where those relevant services are not part of the planned healthcare treatment authorised by that person’s S2 healthcare certificate.

Overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge

4G

(1) In this regulation, “relevant period” means—

(a) the period of leave to enter or remain in the United Kingdom granted to the overseas visitor in respect of the application for entry clearance or leave to remain to which paragraph (3)(a) refers; and

(b) in a case where the overseas visitor’s leave to enter or remain in the United Kingdom is extended by virtue of—

(i) section 3C (continuation of leave pending variation decision); or

(ii) section 3D (continuation of leave following revocation),

of the 1971 Act, the period in respect of which leave is extended under those sections.

(2) In this regulation, “relevant date” means 6 April 2015.

(3) No charge may be made or recovered under these Regulations in respect of any relevant services provided to an overseas visitor during the relevant period who—

(a) made an application for entry clearance or leave to remain in the United Kingdom before the relevant date and was granted leave to enter or remain in the United Kingdom or entry clearance which has effect on the overseas visitor’s arrival in the United Kingdom as leave to enter or remain in the United Kingdom in respect of that application;

(b) has entered, or remained in, the United Kingdom by virtue of that leave to enter or remain; and

(i) liable to pay an immigration health charge; or

(ii) exempt from paying an immigration health charge as a consequence of an exemption provision under an order made under section 38 of the 2014 Act, unless paragraph (4) applies.

(4) This paragraph applies where an overseas visitor—

(a) would be exempt from an immigration health charge under an order made under section 38 of the 2014 Act by virtue of having made an application of a kind described in regulation 4F(3)(a) or (b) (immigration health charge); or

(b) has been granted leave to enter or remain in the United Kingdom outside the immigration rules for 6 months or less.

Children of overseas visitors exempt from charges by virtue of regulations 4F and 4G

4H

No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a child who—

(a) is born in the United Kingdom to a parent who is exempt from charges by virtue of—

(i) regulation 4F (immigration health charge); or

(ii) regulation 4G (overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge);

(b) is aged 3 months or less; and

Exemption from charges for treatment the need for which arose during the visit

EU Exit: transitional arrangements

Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation

Exemption from charges for exceptional humanitarian reasons

Liability for payment of charges

Repayments

Revocation of Regulations

Overseas Visitors from Ukraine

4I

(1) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who—

(a) is lawfully present in the United Kingdom; and

(b) is ordinarily resident in Ukraine.

(2) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is lawfully present in the United Kingdom and is—

(a) the spouse or civil partner of another overseas visitor who is exempt from charges under paragraph (1); or

(b) a child in respect of whom another overseas visitor, who is exempt from charges under paragraph (1), has responsibility.

(3) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a child who—

(a) is born in the United Kingdom to a parent who is exempt from charges by virtue of paragraph (1);

(b) is aged 3 months or less; and

(4) This paragraph applies to an overseas visitor who, during the relevant period—

(a) received relevant services from a Local Health Board or NHS trust and who is exempt from charges for those services by virtue of—

(i) paragraph (1);

(ii) paragraph (2); or

(iii) paragraph (3); or

(b) received relevant services consisting of treatment the need for which arose during the visit from a Local Health Board or NHS trust and who is exempt from charges for those services by virtue of being—

(i) an authorised companion; or

(ii) an authorised child,

who has been granted leave to enter the United Kingdom to accompany a person who is exempt from charges under paragraph (1).

(5) An overseas visitor to whom paragraph (4) 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 those relevant services.

(6) A Local Health Board or NHS trust which, in respect of an overseas visitor to whom paragraph (5) applies, has—

(a) yet to make charges under regulation 2 (making and recovery of charges), must not make the charges;

(b) made charges under regulation 2 but has yet to recover the charges, must not recover the charges; or

(c) made charges under regulation 2 and received payment in respect of the charges, must repay any sum paid in respect of the charges in accordance with regulation 8 (repayments).

(7) In this regulation, “the relevant period” means the period from 24 February 2022 to the coming into force of this regulation.

Exemption from charges for treatment the need for which arose during the visit

EU Exit: transitional arrangements

Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation

Exemption from charges for exceptional humanitarian reasons

Liability for payment of charges

Repayments

Revocation of Regulations

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)

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