Re: Olive Press Clamp Down on Exoats NHS
 

No they are not, I am an early retiree, have my Spanish Medical card (having been a resident since before Apr 2012) and although I cannot get a TSE (Spanish EHIC equivalent) I can get a Certificado Provisional Sustitutorio (CPS) for when I travel abroad. See;

https://sede.seg-social.gob.es/Sede_...danos/231536_6

Re: Olive Press Clamp Down on Exoats NHS
 

So it says quite clearly that from April UK state pensioners Living in EEA countries will be entitled to free NHS treatment the same as if they were living in the UK.

Re: Olive Press Clamp Down on Exoats NHS
 

They do pay over £3000. I emailed the Department of Heath recently and they confirmed that. I think you have been misinformed. The actual figure (in 2012) was £274.11 per month.

It is based on the per capita cost of the Spanish NHS.

Re: Olive Press Clamp Down on Exoats NHS
 

So at £3290 looks like they were confusing pa with PM I will tell them thanks for the direct quote Fred.

Re: Olive Press Clamp Down on Exoats NHS
 

This applies to all pensioners who receive a UK state retirement pension and registered for healthcare in Europe with an S1 form.

OK I receive a UK state pension but I never registered using an S1 ( never heard of it back in 1976 ) so where do I or others in similar circumstances stand?

Not that it really matters to me personally because I am entitled to Gibraltar's healthcare and have a Gibraltar EHIC.

Re: Olive Press Clamp Down on Exoats NHS
 

OK yes because you were resident pre 2012 but for those not resident pre 2012 and early retirees that make themselves Spanish resident are neither entitled to E111 provided by the Uk or Spain even though they may well be paying taxes to both countries.

Re: Olive Press Clamp Down on Exoats NHS
 

Per the NHS website the E111 covers necessary treatment from illness or accident, this is taken from their site "The EHIC will cover any medical treatment that becomes necessary during your trip, such as an illness or accident." It can also be used to cover pre existing conditions such as oxygen treatment, dialysis plus others.

Re: Olive Press Clamp Down on Exoats NHS
 

That is true Neptuno but if one is resident in Spain they may well be early retirees actually paying taxes to both countries if they hold certain pensions but also have other means of income. Even if claiming to be non resident in Spain paying UK income tax they should be paying Spanish non resident tax. However my main gripe (I am not Spanish resident as yet ) is should I become resident under state retirement age and comply with all the rules both countries, as someone that has to pay UK tax on 2 pensions then I should at least be entitled to receive an E111 for use should it be needed should I visit the UK. After all the UK will get the same amount of tax from me for the rest of my life where ever I am resident. As was pointed out a few weeks ago though they are entitled to tax me for the privilege of providing the pensions that I paid into each month.

Re: Olive Press Clamp Down on Exoats NHS
 

Bob22 even an early retiree does not have to pay tax in two countries due to the DTA. Everyone has to pay tax in Spain if they are residents, no matter what their age, on their worldwide income, except of course on the good old government pension which continues to be taxed in UK, though now alsoto be declared in Spain in order to work out the tax base.
I agree with you about the EHIC- have you written to the DWP or your MEP about this, as it is something that has been overlooked
Just reread my answer, and yes, if you have a government pension, and others you will be paying tax in two countries, but not the same tax twice- sorry, I see what you mean

Re: Olive Press Clamp Down on Exoats NHS
 

Fred I think you are being a little picky here. If you are moderately ill you can be treated in Gibralters own English speaking hospital. If you have some serious or exotic illness the Gibralter Government bear the cost of sending you for the best treatment available in UK or elsewhere.

Re: Olive Press Clamp Down on Exoats NHS
 

Yes that was my meaning. I totally agree re those totally under the radar. The tax rules are one issue but as a UK tax payer should I spend say a couple of 3 month stays in Spain and say a 2 so in total say 8 months holiday, should I not be entitled to use NHS in the UK as it is still my home. If say I had an house in Spain ,Malta and UK, and spent my time between the 3 I certainly would be able to use NHS. I accept in my first scenario there would be tax residency issues but in reality no as my sole income is government pension. So reality tax wise as I pay non residents tax Spain is not being deprived of any tax income and I continue to pay tax in UK for NHS treatment when there and my E111 when on my breaks. I really don't see an issue or having any problem If my local health centre challenged me on where my residency is.

Re: Olive Press Clamp Down on Exoats NHS
 

One more point is that the definition re NHS is ordinarily resident and not physcal/tax resident, so that in itself is open to debate ?

Re: Olive Press Clamp Down on Exoats NHS
 

John as I said it is no problem to myself, but their must be others who left UK many years ago and who do not fit into the S1 category

Re: Olive Press Clamp Down on Exoats NHS
 

The real debate is defining what they mean by "ordinarily resident". It's a concept with no legal definition. HMRC used to use it, but they changed all the residency rules a couple of years ago and the term is no longer in use.

When they were using it, their interpretation of what it meant was:-

A person is ordinarily resident if they normally reside in the United Kingdom (apart from temporary or occasional absences), and their residence here is voluntary and part of the regular order of their life for the time being. Decisions about whether a person is ordinarily resident are based on all the circumstances of the particular case.

A person can be ordinarily resident in more than one country. A person can have a home in another country and be ordinarily resident in the United Kingdom.

If a person lives in the United Kingdom year after year, they should be treated as ordinarily resident here.

Which is as clear as mud!!

Re: Olive Press Clamp Down on Exoats NHS
 

Exactly Fred. My point is most are interpreting it to be same standard as for tax but that is not how it is worded.