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Pensions and NI when you came over...

Pensions and NI when you came over...

Old Dec 6th 2011, 3:36 am
  #16  
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Default Re: Pensions and NI when you came over...

Originally Posted by nun
I don't think that is entirely correct, but I have been a bit lax in my wording so far.

FYI here are the rules for free at point of service NHS eligibility. I was slightly mistaken as you have to be ordinarily resident, which is a stronger criterion that resident, to qualify and if you are LPR you cannot be ordinarily resident in the UK. Also it's the hospital that would decide if you were entitled to free NHS care, but HMRC will decide on your residency status.

http://www.dh.gov.uk/en/Healthcare/E...able/DH_074374
The link you posted says otherwise:

Nationality or past or present payments of UK taxes and National Insurance contributions are not taken into consideration when establishing residence.

Unless there is case law, which I doubt, being a US LPR has no direct impact on one's eligibility. The link you posted states that it is a common law concept.

You would also have to define resident to make a comparison with ordinarily resident.
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Old Dec 6th 2011, 3:57 am
  #17  
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Default Re: Pensions and NI when you came over...

Originally Posted by Boiler
The link you posted says otherwise:

Nationality or past or present payments of UK taxes and National Insurance contributions are not taken into consideration when establishing residence.
Says other wise about what? but the above is True as you quoted it.

Unless there is case law, which I doubt, being a US LPR has no direct impact on one's eligibility. The link you posted states that it is a common law concept.
So can someone be LPR and at the same time ordinarily resident in the UK? I would say not and therefore, also not eligible for NHS benefits. If you disagree please explain it to me. You could lie about your intentions and game the system for a few years, hopping back and forth, but you'd eventually run into problems with the number of days you spent in each location and of course you'd have to maintain 2 homes etc.

You would also have to define resident to make a comparison with ordinarily resident.
Google is your friend.

Last edited by nun; Dec 6th 2011 at 4:42 am.
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Old Dec 6th 2011, 4:29 am
  #18  
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Default Re: Pensions and NI when you came over...

Originally Posted by Boiler
Yet again tax. I could put together a scenario where you are resident for tax purposes but not eligible for NHS as a Resident.
Yes I agree with this as ordinarily resident is the criterion for NHS eligibility. You could come to the UK with the intention to leave after a year. You'd be resident for tax purposes, but not ordinarily resident, so no free NHS. If you said you'd be staying indefinitely you'd get free NHS

Last edited by nun; Dec 6th 2011 at 4:45 am.
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