HL Deb 29 October 1981 vol 424 cc1188-9WA
Baroness Elles

asked Her Majesty's Government:

Why British citizens resident but not employed in another member state of the European Community but continuing to pay Class 3 contributions to the United Kingdom social security scheme can receive health care in that member state after, but not before, a pension becomes payable; whether they will estimate the number of British citizens under pensionable age so resident; and whether they will take steps to propose amendments to the appropriate Community regulations to end this anomaly.

Lord Elton

The arrangements for health care for people who go from the United Kingdom to live or work in other European Community countries are governed by the EC regulation on the application of social security schemes to employed persons and their families. (An extension to cover the self-employed has been agreed but not yet implemented.)

The payment of Class 3 contributions to the United Kingdom's social security scheme does not of itself give title to health care benefits to United Kingdom nationals who take up residence in another member state of the Community. Unless there is also a title to a relevant contributory benefit by virtue of previous contributions paid as an employed earner, under the regulation the United Kingdom is not responsible for the health care of such a contributor. In these circumstances his title to health care will depend on whether he satisfies the conditions of the other state's scheme. Should he, however, become entitled to a United Kingdom retirement pension by virtue of those Class 3 contributions and of employed earner's contributions which he previously paid, and not be entitled to a pension from the state in which he resides, under the regulations the United Kingdom would then be responsible for his health care. I regret that statistics of United Kingdom Class 3 contributors under pensionable age resident in other Community countries are not available.

The Commission proposed in 1978 that the scope of the Community regulations should be extended to include the insured non-employed; but I am afraid the Council were unable to agree to the proposal when it was discussed at a meeting last year.