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

Provision relating to recovery of charges in respect of refugees and victims of [F1modern slavery] E+W

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6.—(1) This paragraph applies to an overseas visitor who—

(a)received relevant services from a [F2relevant body];

(b)subsequent to receiving the relevant services, has become an overseas visitor who is exempt from charges under—

(i)regulation 15(a) (refugees, asylum seekers, supported individuals and looked after children); or

(ii)regulation 16 (victims of [F3modern slavery]); and

(c)at the time that the overseas visitor received the relevant services—

(i)where paragraph (1)(b)(i) applies, was in the United Kingdom for the purpose of making an application to be granted temporary protection, asylum or humanitarian protection under the immigration rules, but had not made that application; or

(ii)where paragraph (1)(b)(ii) applies, was a person to whom regulation 16 applies but had not yet been identified as such.

(2) An overseas visitor to whom paragraph (1) 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 the relevant services.

(3) A [F2relevant body] which, in respect of an overseas visitor to whom paragraph (1) 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 [F4(repayment of a sum recovered or secured by a relevant body)].

Textual Amendments