Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015

Family members of visitors N.I.

22.—(1) No charge may be made or recovered in respect of any services forming part of health services provided to a visitor who is a member of the family of another visitor and is lawfully present in the United Kingdom if the other visitor is exempt from charges under any of the following regulations—

(a) regulation 10 (human trafficking);

(b) regulation 13 (NATO forces);

[F1 (ba) regulation 15A(1) (visitors from Ukraine);]

(c) regulation 16 (Her Majesty's United Kingdom Forces, Crown servants and others);

(d) regulation 18 (missionaries).

(2) No charge may be made or recovered in respect of any services forming part of health services provided to a visitor who is a member of the family of another visitor and is lawfully present on a permanent basis with that other visitor whilst that other visitor is residing in or visiting the United Kingdom, if that other visitor is exempt from charges under any of the following regulations—

(a) regulation 5 (lawful residence for 12 months);

(b) regulation 6 (presence for work, study etc, or to settle);

(c) regulation 7 (EU Rights);

(d) regulation 9(a) (refugees);

(e) regulation 12 (diplomats);

(f) regulation 14 (long term visits by United Kingdom pensioners);

(g) regulation 15 (war pensioners and armed forces compensation scheme payment recipients);

(h) regulation 17 (former residents working overseas);

(i) regulation 19 (prisoners and detainees);

(j) regulation 20 (employees on ships).

(3) No charge may be made or recovered in respect of any services forming part of health services provided to a visitor who is a member of the family of another visitor and is present with that other visitor whilst that other visitor is residing in or visiting the United Kingdom, if that other visitor is exempt from charges under—

(a) regulation 9(b) (asylum seekers ).

(4) No charge may be made or recovered in respect of any services forming part of health services consisting of treatment the need for which arose during the visit, provided to a visitor who is a member of the family of another visitor and is lawfully present on a permanent basis with that other visitor whilst that other visitor is residing in or visiting the United Kingdom, if that other visitor is exempt from charges under regulation 8 (reciprocal agreements), or regulation 21(1) (a) or (b) (treatment the need for which arose during the visit only).

(5) For the purposes of this regulation “member of the family of a visitor” means—

(a) the spouse or civil partner of a visitor; or

(b) a child in respect of whom a visitor is a parent or legal guardian.

(6) None of the provisions in this regulation affect any entitlement which any member of the family of a visitor may have to the provision of any services forming part of health services by virtue of an enforceable EU right or any other exemption which they may be entitled to in their own right.

Textual Amendments

F1 Reg. 22(1)(ba) inserted (12.5.2022) by The Provision of Health Services to Persons Not Ordinarily Resident (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/174), regs. 1(1), 4