The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013

Exemption from NHS charges for certain persons who reside in another member State S

10.—(1) Where a person (P) is provided with a cross-border healthcare service which is a service prescribed by the Scottish Ministers pursuant to section 98 of the NHS Act (charges in respect of non-residents) M1 as a service for which a charge must be made, P is exempt from a charge if P is within paragraph (2) and the cross-border healthcare service is within paragraph (3).

(2) P is within this paragraph [F1 if, when the cross-border healthcare service began to be provided, P was]—

(a) an insured person or a member of the family of an insured person residing in a Member State F2 ...; [F3 and]

(b) [F4 a person] for whom the United Kingdom is the competent Member State under Regulation (EC) No. 883/2004.

(3) The cross-border healthcare service is within this paragraph if—

[F5 (a) it is not a service of the kind that falls within section 75BA(6) of the NHS Act, and]

(b) it is not provided in accordance with Chapter 1 of Title III of Regulation (EC) No 883/2004 (sickness, maternity and equivalent paternity benefits).

[F6 (3A) But a cross-border healthcare service is not within paragraph (3) insofar as it is provided after the cut-off day.

(3B) For the purpose of paragraph (3A), the cut-off day is, in a case where the service is provided as a consequence of an exercise of P’s rights under the Directive, the day falling 1 year after IP completion day.]

(4) In this regulation—

(a) “competent Member State” “insured person” and “member of the family” have the same meaning as they have for the purposes of Regulation (EC) No 883/2004;

(aa) [F7 “cross-border healthcare service” means healthcare that is provided to a person in Scotland as a consequence of an exercise of the person’s rights in relation to access to healthcare under the Directive,]

(b) “Regulation (EC) No 883/2004” means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.

[F8 (5) The modifications made to the preceding paragraphs of this regulation by regulation 5(7) of the Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 do not apply in relation to any service that began to be provided before IP completion day (which is the day that those modifications came into force).]

Textual Amendments

F1 Words in reg. 10(2) substituted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 10(2)(a) omitted (31.12.2020) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 10(2)(a) inserted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 10(2)(b) inserted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 10(3)(a) substituted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 10(3A)(3B) inserted by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(c) (as substituted by S.S.I. 2020/478, regs. 1, 5(e)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 10(4)(aa) inserted by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(d) (as substituted by S.S.I. 2020/478, regs. 1, 5(e)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Reg. 10(5) inserted by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(7)(e) (as substituted by S.S.I. 2020/478, regs. 1, 5(e)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 (S.I. 1989/364) were made under section 98 of the NHS Act. Regulation 4A which was added by S.S.I. 2004/369 already makes limited provision for exemption from charges for certain pensioners and their family members.