The National Health Service (Charges to Overseas Visitors) Regulations 2015

• (c) would, at the date of assessment of whether a charge under these Regulations falls to be made, have a right to reside in accordance with the Immigration (European Economic Area) Regulations 2016, disregarding that the relevant person of Northern Ireland is not included in the definition of “EEA national” in regulation 2 (general interpretation).

• (2) In paragraph (1), “relevant person of Northern Ireland” has the meaning given in Appendix EU to the immigration rules.

Refugees, asylum seekers, supported individuals and looked after children

Victims of modern slavery

Exceptional humanitarian reasons

Overseas visitors detained in hospital or subject to court ordered treatment

Prisoners or detainees

Members of the regular and reserve forces, Crown servants and others

NATO forces

War pensioners and armed forces compensation scheme payment recipients

Employees on ships

Treatment the need for which arose during the visit

Family members of overseas visitors

Overseas visitors with citizens’ rights

Overseas visitors with Trade and Cooperation Agreement rights

12A

• (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.

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

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

13A

• (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 with the date on which the application mentioned in paragraph (2)(b) or (3)(b), as the case may be, is made and which ends with 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 relevant body—

• (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.

Reciprocal health care agreements

Family members of British citizens of Northern Ireland

Refugees, asylum seekers, supported individuals and looked after children

Victims of modern slavery

Exceptional humanitarian reasons

Overseas visitors detained in hospital or subject to court ordered treatment

Prisoners or detainees

Members of the regular and reserve forces, Crown servants and others

NATO forces

War pensioners and armed forces compensation scheme payment recipients

Employees on ships

Treatment the need for which arose during the visit

Family members of overseas visitors

Overseas visitors from Ukraine

22A

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

• (a) received relevant services from a relevant body and who is exempt from charges for those services by virtue of—

• (i) paragraph (1);

• (ii) regulation 25(2)(d) (family members of overseas visitors); or

• (iii) regulation 25(3)(a)(iii) (child aged 3 months or less born to a parent lawfully present in the United Kingdom and ordinarily resident in Ukraine); or

• (b) received relevant services consisting of treatment the need for which arose during the visit from a relevant body 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).

• (3) An overseas visitor to whom paragraph (2) 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.

• (4) A relevant body which, in respect of an overseas visitor to whom paragraph (2) applies, has—

• (a) yet to make charges under regulation 3 (obligation to make and recover charges), must not make the charges;

• (b) made charges under regulation 3 but has yet to recover the charges, must not recover the charges; or

• (c) made charges under regulation 3 and received payment in respect of the charges, must repay any sum paid in respect of the charges in accordance with regulation 5 (repayment of a sum recovered or secured by a relevant body).

• (5) Paragraphs (1) to (3) do not apply in respect of chargeable assisted conception services.

• (6) In this regulation “the relevant period” means the period from 24th February 2022 to the coming into force of these Regulations.

Employees on ships

Treatment the need for which arose during the visit

Family members of overseas visitors

Healthcare agreements