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

Provision relating to recovery of charges in respect of refugees and victims of [F1 modern slavery] E+W

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

(a) received relevant services from a [F2 relevant body];

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

(i) regulation 15(a) (refugees F3 ...); or

(ii) regulation 16 (victims of [F4 modern 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.

[F5 (1A) This paragraph applies to an overseas visitor who—

(a) received relevant services from a relevant body;

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

(i) regulation 15(aa) (dependants of refugees); or

(ii) regulation 25(1A) (family members of victims of modern slavery); and

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

(i) where paragraph (1A)(b)(i) applies—

(aa ) that visitor was a dependant of another overseas visitor (“the principal overseas visitor”); and

(bb) the principal overseas visitor 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 (1A)(b)(ii) applies—

(aa) that visitor was a family member of another overseas visitor (“the principal overseas visitor”); and

(bb) the principal overseas visitor was a person to whom regulation 16 (victims of modern slavery) applies but had not yet been identified as such.]

(2) An overseas visitor to whom paragraph (1) [F6 or (1A)] 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 [F2 relevant body] which, in respect of an overseas visitor to whom paragraph (1) [F7 or (1A)] 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 [F8 (repayment of a sum recovered or secured by a relevant body)].

Textual Amendments

F1 Words in reg. 6 heading substituted (1.2.2016) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 6(2)(a)

F2 Words in reg. 6 substituted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 3(1)

F3 Words in reg. 6(1)(b)(i) omitted (28.12.2022) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1253), regs. 1(1), 2(3)(a)

F4 Words in reg. 6(1)(b)(ii) substituted (1.2.2016) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 6(2)(a)

F5 Reg. 6(1A) inserted (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(3)(b)

F6 Words in reg. 6(2) inserted (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(3)(c)

F7 Words in reg. 6(3) inserted (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(3)(c)

F8 Words in reg. 6(3)(c) substituted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 8