Health and Social Security Act 1984

Treatment in European Economic Community

10 Reimbursement of cost of medical and maternity treatment in member States of European Economic Community

(1) The Secretary of State may pay to a competent institution in a member State the cost of treatment to which this section applies provided by that institution under the social security scheme of that State for a person who, at the relevant time—

(a) was ordinarily resident in Great Britain ; and

(b) was a national of a member State or a dependant of such a national.

(2) The Secretary of State may only make a payment under this section of the cost of treatment—

(a) which is given to a person during a temporary stay in a member State because his condition required immediate treatment;

(b) which—

(i) is given in continuance of treatment commenced in the United Kingdom ; and

(ii) follows an agreement between the Secretary of State and the person treated that, on his subsequent return to, or transfer of residence to, the member State, his treatment for the same condition would be at the expense of the Secretary of State for a period agreed with the Secretary of State ; or

(c) which is given following an agreement between the Secretary of State and the person treated that he should go to the member State to receive treatment to which this section applies appropriate to his condition.

(3) This section applies—

(a) to treatment for sickness or injury ; and

(b) to treatment in connection with pregnancy or maternity,

which is given to a person to whom the 1971 Community regulation did not apply at the relevant time.

(4) In this section—

• " competent institution " has the meaning assigned to it by the 1971 Community regulation ;

• " the 1971 Community regulation " means Council Regulation (EEC) No. 1408/71 as it has effect from time to time; and

• " the relevant time " means the time when treatment was given.