HL Deb 24 September 2002 vol 638 cc225-6WA
Lord Marlesford

asked Her Majesty's Government:

In what circumstances a visitor to the United Kingdom who is HIV positive is entitled to remain in the United Kingdom and receive, under the National Health Service, free treatment for the condition; and whether there is any time limit to how long such a person is allowed to remain; and [HL5651]

Whether they take steps to prevent or discourage those who do not hold United Kingdom passports from coming to Britain for treatment for HIV or AIDS. [HL5652]

Lord Hunt of Kings Heath

The National Health Service is first and foremost for people who are ordinarily resident in the United Kingdom. The services provided are free except ill specified circumstances. Where a person is not ordinarily resident in the UK the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended, require NHS trusts to establish if the person is liable to be charged under those regulations for any NHS treatment they receive and if so to recover such charges. Visitors to the UK are allowed to remain for a maximum of six months and are unlikely to be regarded as ordinarily resident for the purposes of these regulations but may fall under one of the exemptions from charges specified in the regulations.

The regulations provide that certain services are without charge in any circumstances. This includes an initial diagnostic test and any associated counselling for HIV/AIDS. If a person is liable for charges under the regulations then any treatment needed for HIV/AIDS other than the test and counselling will be subject to charges.

Entitlement to free treatment under the National Health Service is primarily based on residence not nationality and the type of passport held is therefore only relevant in relation to certain specified exemptions relating to member states and countries with which there are reciprocal healthcare agreements. The Department of Health has, with the help of the Foreign and Commonwealth Office, arranged for publicity material explaining the charging regulations to be placed in British embassies and other diplomatic offices abroad to help bring them to the attention of people applying for admission to the UK.

A copy of the charging regulations has been placed in the Library.