michali

I know this question comes up from time to time but I am reading such conflicting information, I am just trying to get a definitive answer. The NHS page http://www.nhs.uk/chq/pages/1087.asp...categoryid=162
says that anyone who is settled or who us on a 'route to settlement' is entitled to free NHS treatment both in the doctor's office and in hospital. I understand one would have to prove intent to reside permanently by presenting bills, shipping of goods etc. OK, good!

But then the government page http://webarchive.nationalarchives.g...able/DH_074379
talks about anybody (which I guess includes me the UKC) can get hospital treatment after one year of residence. (If you scroll down past the sections that deal with visitors. )

Another Government page http://webarchive.nationalarchives.g...able/DH_074374

says if you are ordinarily resident you are entitled to NHS treatment.

For tax purposes, we will certainly both be ordinarily resident, so I hope we can apply this to our circumstances.

I realize the rules may change very soon with the implementation of the new Act but I need to know where I personally stand, so that I keep my private medical cover for at least awhile if necessary. Neither of us will be working as we are going in as retirees and this may be yet another factor.

rebeccajo

I thought we covered this last week or so.

You'll be fine.

Pistolpete2

Indeed we did! in a thread that michali participated in.

http://britishexpats.com/forum/showp...03&postcount=1

The problem is that residence is often used on here as the definition for entitled to full NHS treatment when in fact it is ordinary residence.

However, if you are not ordinarily resident you will still be entitled to full NHS treatment IF you have been in the UK legally for one year, under an exemption from charge.

This addresses those who live in Spain on a settled basis (ordinary residence THERE) who have been returning to the UK to get freebie health services while effectively being health tourists, and being allowed to be so under lax admin/vetting procedures which are now being cracked down on.

Paying taxes has no bearing on the entitlement to NHS coverage. However, the UK tax authorities will be happy to concede that typically if you are resident in the UK for one year you will be liable to UK taxes on your world income, often much less than one year or even six months. That is simply an aside.

michali

Sorry to be repetitive! I know we have covered the topic several times. It is just that the authorities seem to give conflicting information. I only mentioned taxes because, the term 'ordinarily resident' for tax purposes should ideally mean one is 'ordinarily resident' for other purposes! Thanks for the responses!

Pistolpete2

Funnily enough, in spite of the voice-over on HMRC's own call centre talking of ordinary residence, the concept of ordinary residence for UK tax purposes no longer, as of April 6th, 2013, applies - you are resident or you are not, as governed by the Statutory Residence Test.

But you may be non-domiciled, in which case you can pay UK income tax on the remittance basis for a period of time at no extra charge.

michali

That is interesting!

windsong

Do you know when the new Act is to be passed?

Pistolpete2

If you can show that you are resident but not domiciled - like lots of UK-'based' billionaires, for example, you only pay tax on what you remit to allow you to live. You do however, lose your personal allowance - if you get one - and the annual allowance for Capital Gains Tax.

So being designated as a non-dom could cost between two and four thousand a year in additional taxes to weigh against what you would have paid on your world income, depending upon what your income sources are.

There is an HMRC form sa109 that addresses self-assessment and residence, remittance basis. It asks questions to establish residence under the Statutory Residence Test (SRT). Unfortunately, you have to understand the SRT in order to answer questions on things like UK ties.

michali

Thanks! I have noticed the change in the HMRC tax return form this year regarding ties to the UK and had checked it out when completing the forms. My husband will have to decide if he becomes domiciled in the UK. It would be to his advantage to do so as we will have very little income from abroad...just small pensions which would be absorbed into our personal allowances to which he will be entitled if domiciled. As we will have no assets here or elsewhere when we relocate to the UK, we will definitely be resident. It is our intention to remain, depending of course, on my husband being granted FLR in two and a half years time and ILR in five years time.

rebeccajo

It already has been.

windsong

Thanks. I need to read up on it to see how it will affect me, if at all, after my return.

Pistolpete2

Indeed, migrant cost recovery is in the recently enacted Immigration Act but the rest of the NHS 'system' overhaul addressing visitor charges etc. is a work-in-progress, as per this:

https://www.gov.uk/government/upload...__Jan2014_.pdf

I'm hard-pressed to find any mention of the previously 'proposed' free access for expats with seven?? years of NICs.

BTW, note this on page 10, which I've been harping on about:

Primary care- The current regulations do not impose additional charges for primary care services on overseas visitors and migrants (beyond those charges that apply to all patients, including those who are ordinarily resident)

See this in the Government Response (to consultation) document:

https://www.gov.uk/government/upload...nsultation.pdf

at 98. and 99.

"Currently many, but not all, expatriates are chargeable for healthcare when returning to the UK to visit and they are immediately exempt if they resume permanent residence. The consultation responses acknowledged that current rules are poorly understood and difficult to enforce.
Responses broadly supported the idea that those with a previous long-term relationship with the country should be able to continue to access free NHS care when they are here. However others argue that full exemption (that could have significant potential cost implications) should be limited to those who have left the UK more recently or who have previously worked for the majority of their life here

The Government supports the principle of those who have previously made a fair contribution continuing to be entitled to free NHS treatment and this should be consistent with the principles of ex-pat eligibility for UK pensions and other state benefits. We will therefore undertake further analysis and financial appraisal before confirming the details of any proposed new eligibility rules. We anticipate that these would come into force later in
2014 at the same time as other changes are made to introduce the new migrant health surcharge"

formula

I can't find where I saw it now either. I'm fairly sure it was one of the suggestions that we had to agree or disagree with, on those consultations last year.


I think the consultations also said that minor operations that a GP carries out, will cease to be free for all? And that NHS dental bands won't be available to all, which will mean that some will now have to pay the full dental costs?

Just in time for the election then. I'm not surprised, as when they created a site about what Brits would like to see this government change, stopping the NHS abuse had a massive response. Brits were angry that their elderly relations who had paid taxes to the UK all their working lives, were stuck on long NHS waiting lists behind those that hadn't.

For quite a while now, the UK government has been refusing PR to EU citizens if they don't have a comprehensive sickness policy or EHIC cards from their own EU country, when required. Many have had to restart their '5 years to PR' clock.

windsong

What is PR?

formula

Permanent Residence. The EU's equivalent of the UK's ILR.