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21.—(1) 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 any of the following—
(a)in receipt of a pension or benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or the Social Security Contributions and Benefits Act 1992 and has at any time had—
(i)not less than ten years continuous lawful residence in the United Kingdom; or
(ii)not less than ten years continuous service as a Crown servant employed by, or in the service of, the Government of the United Kingdom;
(b)resident in an EEA state, Switzerland or in a country or territory specified in Schedule 2 (except Israel) and has at any time had not less than ten years continuous lawful residence in the United Kingdom;
(c)a national of a state which is a contracting party to the European Convention on Social and Medical Assistance 1954(1) or the European Social Charter 1961(2) and is—
(i)lawfully present in the United Kingdom; and
(ii)without sufficient resources to pay the charge; or
(d)an authorised child or an authorised companion.
(2) For the purposes of this regulation, “treatment” includes medical, dental and nursing services required for –
(a)the care of women who are pregnant or in childbirth; or
(b)the prevention or diagnosis of illness.
Cmd. 9512. The European Convention on Social and Medical Assistance (CETS No. 14) was opened for signature in Paris on 11th December 1953.
Cmd. 1667. The European Social Charter (CETS No. 35) was opened for signature in Turin on 18th October 1961. Article 13 provides the right to social and medical assistance.
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