Pensions and NI when you came over...
#16
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Joined: Mar 2004
Posts: 2
Re: Pensions and NI when you came over...
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
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
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.
#17
Re: Pensions and NI when you came over...
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.
Last edited by nun; Dec 6th 2011 at 4:42 am.
#18
Re: Pensions and NI when you came over...
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.