Explanatory note

These Regulations amend regulation 10 of the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238) (“the Principle Regulations”). The Principle Regulations provide for the making and recovery of charges for certain services under the National Health Service Act 2006 to certain persons not ordinarily resident in the United Kingdom.

The Immigration (Health Charge) Order 2015 (S.I. 2015/792) requires certain persons who apply for entry clearance for a limited period, or for limited leave to remain, to pay an immigration health charge in respect of such application.

Regulation 10 (immigration health charge) of the Principle Regulations, amongst other things, exempts a person who has paid the immigration health charge from charges for relevant services during the relevant period, except where they have been fully refunded the immigration health charge they have paid. These Regulations amend regulation 10 so that when a person (“P”), receives a full refund of any immigration health charge paid by them because they are employed in a health or social care setting (“a full refund”) they will not, because of this full refund, then become chargeable under the Principle Regulations. This will apply in respect of relevant health services received by them from the date these Regulations come into force until the end of the relevant period.

These Regulations also ensure that when a dependant of P receives a full refund they also will not be charged for relevant services received by them during this period.

These Regulations also amend paragraph (3) of regulation 10 and insert new paragraph (4) so that if a person is exempt from paying the immigration health charge by virtue of having applied for entry clearance for a period of 6 months or less; and in addition to this is exempt by virtue of having applied for entry clearance under Schedule 2, paragraph 1(o) of the Immigration (Health Charge) Order 2015 (the health and social care visa), they will not be chargeable under the Principle Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.