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Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005

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Visitors to whom services forming part of health services shall be available

3.  Services forming part of health services shall be available to a visitor—

(a)who is ordinarily resident in Great Britain or the Channel Islands; or

(b)who is shown to the satisfaction of the Board in whose area the services are provided, or as the case may be, by the HSS Trust by which those services are provided, to be present in the United Kingdom or Continental Shelf, or on a stationary structure within the territorial waters of the United Kingdom for the purpose of—

(i)engaging in employment with an employer which has its principal place of business in the United Kingdom or which is registered in the United Kingdom as a branch of an overseas company; or

(ii)being a self employed person whose principal place of business is in the United Kingdom; or

(iii)working as a volunteer with a voluntary organisation that is providing a service to which Article 71 of the Order applies, or a service similar to a relevant service as defined in sections 64 and 65 of the Health Services and Public Health Act 1968(1); or

(iv)pursuing a course of study which is substantially funded by the United Kingdom Government or is at least six months duration; or

(v)taking up permanent residence in the United Kingdom; or

(c)who has resided lawfully in the United Kingdom for a period of not less than one year immediately preceding the time when the services are provided unless this period of residence followed the grant of leave to enter the United Kingdom for the purpose of undergoing private medical treatment; or

(d)who has been accepted as a refugee in the United Kingdom, or who has made a formal application for leave to stay as a refugee in the United Kingdom which has not yet been determined; or

(e)who is employed on a ship or vessel registered in the United Kingdom; or

(f)who is in receipt of any pension or other benefit under a Personal Injuries Scheme, Service Pensions Instrument of a 1914-1918 War Injuries Scheme as defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(2); or

(g)who is a diplomatic agent for the purposes of the Articles of the Vienna Convention on Diplomatic Relations set out in Schedule 1 to the Diplomatic Privileges Act 1964(3); or

(h)who is a member of Her Majesty’s United Kingdom Forces; or

(i)who is some other Crown servant employed in the right of Her Majesty’s Government in the United Kingdom having been recruited in the United Kingdom; or

(j)who is an employee, recruited in the United Kingdom, of the British Council or the Commonwealth War Graves Commission; or

(k)who is working in employment that is financed in part by the Government of the United Kingdom in accordance with arrangements made with the Government of some other country or territory or a public body in such other country or territory; or

(l)who has at any time had not less than ten years continuous lawful residence in the United Kingdom and is engaged in employment as an employed or self employed person outside the United Kingdom that has not lasted for a period of five years; or

(m)who is employed in another member State and who is contributing as an employed or self employed earner under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or the Social Security Contributions and Benefits Act 1992; or

(n)who, in the case of a national of a member State, a refugee or a stateless person, has entitlement to the provision of the services in question by virtue of the EC Regulations or, in the case of a national of another country, is entitled to be provided with such services by virtue of an agreement entered into between the European Economic Community and any other country; or

(o)who is detained in prison or in a young offenders centre provided by the Secretary of State under the Prison Act (Northern Ireland) 1953(4) as extended by section 2 of the Treatment of Offenders Act (Northern Ireland) 1968(5) or in a juvenile justice centre provided under Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998(6); or who has been detained under the provisions of the Immigration Act 1971(7); or

(p)in whose case the services are provided in circumstances covered by a reciprocal agreement with a country or territory specified in Schedule 2; or

(q)who—

(i)is not a national of a member State; and

(ii)is a national of a State which is a signatory to the European Social Charter(8); and

(iii)is not entitled to be provided with such services under a reciprocal agreement specified in Schedule 2; and

(iv)is without sufficient resources to pay the charge.

(8)

See Cmnd. 1667. The European Social Charter was opened for signature at Turin on 18 October 1961, and entered into force on 26 February 1965. Copies of Cmnd. 1667, which is out of print, can be obtained via Her Majesty’s Stationery Office (photocopies) from the British Library Lending Division

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