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

Refugees, asylum seekers, supported individuals and looked after children E+W

15.  No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who—

(a) has been granted temporary protection, asylum or humanitarian protection under the immigration rules;

[F1 (aa) is a dependant of a person described in paragraph (a) (“the principal overseas visitor”) and—

(i) has leave to enter or remain in the United Kingdom as the dependant of the principal overseas visitor; or

(ii) is born in the United Kingdom to the principal overseas visitor.]

(b) has made an application, which has not yet been determined, to be granted temporary protection, asylum or humanitarian protection under [F2 the immigration rules];

[F3 (ba) is treated as a dependant of a person described in paragraph (b) for the purposes of an application described in that paragraph;]

(c) is currently supported under section 95 (persons for whom support may be provided) of the Immigration and Asylum Act 1999 M1 (“the 1999 Act”);

(d) has made an application to be granted temporary protection, asylum or humanitarian protection under the immigration rules which was rejected and who is supported under—

(i) section 4(2) (facilities for the accommodation of a person) of the 1999 Act M2 ; F4 ...

F5 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; or

[F6 (iii) Part 1 (care and support) of the Care Act 2014 [F7 or section 35 or 36 of the Social Services and Well-being (Wales) Act 2014,] by the provision of accommodation; F8 ...]

[F9 (da) is treated as the dependant of a person described in paragraph (d) for the purposes of the provision of support under that paragraph; or]

(e) is a child who is looked after by a local authority within the meaning of section 22(1) (general duty of local authority in relation to children looked after by them) of the Children Act 1989 M3 [F10 or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority)].

Textual Amendments

F1 Reg. 15(aa) substituted (28.12.2022) by The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1253), regs. 1(1), 2(6)

F2 Words in reg. 15(b) substituted (21.8.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 14(3)

F3 Reg. 15(ba) inserted (21.8.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 14(4)

F4 Word in reg. 15(d)(i) omitted (1.2.2016) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 5(a)

F5 Reg. 15(d)(ii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 180(a)

F6 Reg. 15(d)(iii) added (1.2.2016) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 5(b)

F7 Words in reg. 15(d)(iii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 180(b)

F8 Word in reg. 15(d) omitted (21.8.2017) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 14(5)

F9 Reg. 15(da) inserted (21.8.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 14(6)

F10 Words in reg. 15(e) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 180(c)

Marginal Citations

M1 1999 c. 33; section 95 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 44(1) and (6) and 50(1).

M2 Section 4 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 49; the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), section 10(1) and (6), and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 43(7).

M3 1989 c. 41; section 22(1) was amended by the Local Government Act 2000 (c. 22), Schedule 5, paragraph 19; the Children (Leaving Care) Act 2000 (c. 35), section 2(1) and (2), and the Adoption and Children Act 2002 (c. 38), section 116(2).