HC Deb 11 December 2002 vol 396 cc397-8W
Mr. Goodman

To ask the Secretary of State for Health what estimate he has made of the number of people who used the NHS but were not entitled to use it in each year since 1997. [85532]

Mr. Hutton

The national health service is first and foremost for the benefit of people who live in the United Kingdom. A person who is not ordinarily resident in the United Kingdom, but who requires NHS hospital treatment, is subject to the provisions of the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended—in 1991 (SI No: 438), 1994 (SI No: 1535), 2000 (SI No: 602), 2000 (SI No: 909).

These regulations place a duty on NHS trusts to establish the residential status of all patients. Where an NHS trust identifies a person who is not ordinarily resident in United Kingdom and is not otherwise exempt from charge then the regulations provide for the making and recovery of a charge by the trust for most types of hospital treatment.

Detailed information on the numbers of NHS charged patients are not collected centrally.

Mr. Goodman

To ask the Secretary of State for Health what provision creates the legal entitlement for use of the NHS; and if he will make a statement. [85533]

Mr. Hutton

Sections 1–5 of the National Health Service Act 1977 give powers and place duties on my right hon. Friend the Secretary of State, in respect of the continued promotion of a comprehensive health service and the provision of services to be provided free of charge unless an enactment provides for the recovery of charges.

Section 121 of the National Health Service Act gives power to make regulations to enable charges to be made to those not ordinarily resident in the United Kingdom. The relevant regulations are National Health Service (Charges to Overseas Visitors) Regulations 1989 (as amended).

Mr. Stringer

To ask the Secretary of State for Health what estimate he has made of(a) the number of people using the NHS who are not entitled to do so and (b) the cost of the treatment of those people to the NHS in the last 12 months. [86533]

Mr. Hutton

The national health service is first and foremost for the benefit of people who live in the United Kingdom. A person who is not ordinarily resident in the UK, but who requires NHS hospital treatment is subject to the provisions of the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended—in 1991 (SI No: 438), 1994 (SI No: 1535), 2000 (SI No: 602), 2000 (SI No: 909).

These regulations place a duty on NHS trusts to establish the residential status of all patients. Where an NHS trust identifies a person who is not ordinarily resident in the UK and is not otherwise exempt from charge then the regulations provide for the making and recovery of a charge by the trust for most types of hospital treatment.

The amounts collected from NHS charged patients are not separately identifiable in trust accounts and are not collected centrally.