§ Mr. DrewTo ask the Secretary of State for Health what criteria his Department uses to decide whether a patient is ordinarily resident in the United Kingdom and thus entitled to free treatment on the NHS. [97262]
§ Mr. DenhamEligibility for free hospital treatment depends mainly on residence in the United Kingdom. With some exceptions, for example in accident and emergency departments, all new patients are asked if they have been living in the United Kingdom for the previous 12 months. Patients who have done so, with up to no more than three months absence during that time, will be eligible. Patients who have not lived in the United Kingdom for 12 months may still be eligible if either they are exempt from charges by virtue of the National Health Service (Charges to Overseas Visitors) Regulations 1989 or, following a House of Lords ruling, if they can demonstrate that they are lawfully in the United Kingdom for a settled, identifiable purpose. It is unlikely that anyone intending to stay for less than six months would fulfil this criteria.
General practitioners are encouraged to consider residency before accepting a patient for National Health Service treatment but are not bound by the same regulations. Under the National Health Service (General Medical Services) Regulations 1992 a GP does not have to accept any patient for NHS treatment unless specifically allocated by a health authority. The GP's decision does not automatically exempt the patient from charges for hospital treatment they may subsequently need.