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

Provision relating to victims of female genital mutilation and supported individuals

3.  After regulation 6 of the Principal Regulations (provision relating to recovery of charges in respect of refugees and victims of human trafficking), insert—

“Provision relating to victims of female genital mutilation and supported individuals

6A.— (1) This paragraph applies to an overseas visitor who received relevant services from a relevant NHS body during the period beginning on 6th April 2015 and ending on 31st January 2016, where—

(a) those services were provided for the treatment of a condition, which was caused by female genital mutilation in the circumstances described in paragraph (d) of the definition of “female genital mutilation” in regulation 8(1) (interpretation of this part); or

(b) at the time the relevant services were provided—

(i) the overseas visitor was a person in respect of whom an application to be granted temporary protection, asylum or humanitarian protection under the immigration rules had been rejected; and

(ii) the overseas visitor was supported under Part 1 (care and support) of the Care Act 2014 by the provision of accommodation.

(2) A relevant NHS body which, in respect of an overseas visitor to whom paragraph (1) applies, has—

(a) yet to make a charge under regulation 3 (obligation to make and recover charges), must not make the charges; or

(b) made charges under regulation 3 but has yet to recover the charges, must not recover the charges.”(1).

(1)

The relevant provisions relating to support, by the provision of accommodation, under Part 1 of the Care Act 2014 (c.23) were commenced on or before 1st April 2015.