The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Modification of the National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013

5.—(1) The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013(1) is modified as follows.

(2) In regulation 2 (interpretation)—

(a) before the definition of “the Directive” insert—

““cross-border arrangement with an EEA State” means an arrangement that—

(a)

has been made between the United Kingdom and an EEA State, and

(b)

is included in the list maintained under regulation 16(4) of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019,”,

(b) after the definition of “medicinal product” insert—

““Member State” means a State that is a member of the European Union or the European Economic Area,”,

(c) omit—

(i) the definition of “resident patient”, and

(ii) the definition of “visiting patient”.

(3) In regulation 4 (national contact point: information about treatment in Scotland)—

(a) in paragraph (1)(e) omit “other”,

(b) in paragraph (2), for “visiting patient” substitute “relevant person”,

(c) after paragraph (3) insert—

“(4) In paragraph (2), “relevant person” means a person to whom health care may be, or has been, provided in Scotland as a consequence of an exercise of the person’s rights in relation to access to health care under—

(a) the Directive, or

(b) a cross-border arrangement with an EEA State.”.

(4) In regulation 5 (national contact point: information about treatment in another member state)—

(a) for “resident patients”, in both places it occurs, substitute “persons ordinarily resident in Scotland”,

(b) in paragraph (a), for “another” substitute “a”.

(5) In regulation 6(1) (national contact point: cross border co-operation)—

(a) after “Directive”, where it first occurs, insert “or any cross-border arrangement with an EEA State”,

(b) in paragraph (a) omit “other”.

(6) In regulation 9 (information on rights and entitlements)—

(a) after “Directive” insert “or any equivalent provision contained in, or having effect by virtue of, a cross-border arrangement with an EEA State”,

(b) after “that Article” insert “or (as the case may be) the equivalent provision”,

(c) for “resident patients” substitute “persons ordinarily resident in Scotland”.

(7) In regulation 10 (exemption from NHS charges for certain persons who reside in another member state)—

(a) in paragraph (2)—

(i) for “if P is” substitute “if, when the cross-border healthcare service began to be provided, P was”,

(ii) in sub-paragraph (a) omit “other than the United Kingdom”,

(iii) at the end of sub-paragraph (a) (after the semi-colon) insert “and”,

(iv) in sub-paragraph (b) before “for whom” insert “a person”,

(b) in paragraph (3), for sub-paragraph (a) substitute—

“(a) it is not a service of the kind that falls within section 75BA(6) of the NHS Act,  and”,

(c) after paragraph (3) insert—

“(3A) But a cross-border healthcare service is not within paragraph (3) insofar as it is provided after the cut-off day.

(3B) For the purpose of paragraph (3A)—

(a) the cut-off day is—

(i) in a case where the service is provided as a consequence of an exercise of P’s rights under the Directive, the day falling 1 year after exit day,

(ii) in a case where the service is provided as a consequence of an exercise of P’s rights under a cross-border arrangement with an EEA State, the day falling 1 year after the day that arrangement ceased to have effect,

(b) a cross-border arrangement with an EEA State ceases to have effect when the list maintained under regulation 16(4) of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 says that the arrangement ceases to have effect.”,

(d) in paragraph (4)—

(i) after sub-paragraph (a) insert—

“(aa) “cross-border healthcare service” means healthcare that is provided to a person in Scotland as a consequence of an exercise of the person’s rights in relation to access to healthcare under—

(i) the Directive, or

(ii) a cross-border arrangement with an EEA State,”,

(ii) after sub-paragraph (b) insert—

“(c) references to Regulation (EC) No 883/2004, in relation to a case in which the service in question began to be provided on or after exit day, is to that Regulation as it applied (if it applied at all) on the day the service began to be provided by virtue of schedule 5 of the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019(2),

(d) “exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018.”,

(e) after paragraph (4) insert—

“(5) The modifications made to the preceding paragraphs of this regulation by regulation 5(7) of the Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 do not apply in relation to any service that began to be provided before exit day (which is the day that those modifications came into force).”.

(8) After regulation 10 insert—

“Exemption from NHS charges for certain pensioners after EU withdrawal

10A.— (1) A person to whom paragraph (3) applies is exempt from any charge provided for by regulations under section 98 of the NHS Act in respect of a relevant service.

(2) A service is relevant, for the purpose of paragraph (1), insofar as it is provided during the period of 1 year beginning with exit day.

(3) This paragraph applies to—

(a) a person who, immediately before exit day—

(i) was resident in a Member State, and

(ii) was in receipt of—

(aa) a state pension under Part 1 of the Pensions Act 2014(3) or Part 1 of the Pensions Act (Northern Ireland) 2015(4), or

(bb) a retirement pension under the Social Security Contributions and Benefits Act 1992(5) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6), and

(b) a person who, immediately before exit day, was a member of the family of a person described by sub-paragraph (a).

(4) In this regulation—

“exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,

“member of the family” has the meaning it had for the purposes of Regulation (EC) No 883/2004 immediately before exit day.”.

(9) In regulation 11 (NHS charges)—

(a) in paragraph (1)—

(i) omit “visiting” in both places it occurs,

(ii) for “resident patient” substitute “British citizen who is ordinarily resident in Scotland”,

(b) after paragraph (1) insert—

“(1A) But paragraph (1) does not apply to a cross-border healthcare service insofar as it is provided after the cut-off day.

(1B) For the purpose of paragraph (1A)—

(a) the cut-off day is—

(i) in a case where the service is provided as a consequence of an exercise of the patient’s rights under the Directive, the day falling 1 year after exit day,

(ii) in a case where the service is provided as a consequence of an exercise of the patient’s rights under a cross-border arrangement with an EEA State, the day falling 1 year after the day that arrangement ceased to have effect,

(b) “exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,

(c) a cross-border arrangement with an EEA State ceases to have effect when the list maintained under regulation 16(4) of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 says that the arrangement ceases to have effect.”,

(c) in paragraph (2)(a)—

(i) omit “visiting”,

(ii) after “Directive” insert “or a cross-border arrangement with an EEA State”.

(1)

S.S.I. 2013/292, amended by S.S.I. 2015/91.

(2)

S.I. 2019/776.

(3)

2014 c.19.

(4)

2015 c.5.

(5)

1992 c.4.

(6)

1992 c.7.