Getting NHS treatment with workers E106 back in UK (offshore worker)

[Ellan_Vannin]

Hello,

 

I am an offshore worker on the UK Continental Shelf and am thinking of moving to Spain.

From reading this forum it seems that I would be issued with a workers E106, my wife will be living in Spain and be resident there.

My wife has a number of medical problems e.g. she has had a pancreas and kidney transplant so we would be keen for her to carry on seeing her consultants in the UK for check-ups blood tests etc., also her medical records are as long as my arm and feel that something could be lost in translation etc.

I know that there are a couple of fellow offshore workers on this forum and wonder if anyone is aware of the exact rules for this case.

From reading a number of government sites they say that workers on the UKCS are exempt from NHS charges and would seem to imply also their dependants but this isnot exactly clear, also not sure if this only applies if taken ill while offshore or if we are totally exempt and therefore dependants. Also the NHS site says that if you have an E106 you can come back to the UK for planned treatment.

Does anyone know the exact rules on this?

 

[AnOther]

Deleted for additional research [;-)]

 

[AnOther]

I think the DHS site on overseas visitors explains you our situation as once you are French resident that is what you become. Being an offshore worker is largely irrelevant in this instance.

According to my understanding of these arrangements although your wife would be entitled to free NHS treatment if she became ill during a visit to UK she cannot 'elect' to continue with her present consultants without paying privately.

There is more legal background HERE

 

[Ellan_Vannin]

Hello Ernie,

Thanks for your reply.

With reference to your link to The Scottish Office web page I read it a bit differently to you but that is maybe because I could have a vested interest in doing so.

Although the guidance is for Overseas Visitors, only the countries in List 1 and List 2  and two of the exemption categories specifically state that the exemption from NHS charges is limited to "treatment the need for which arose during the visit" i.e

3.6. (a) nationals of the European Economic Area (EEA) and resident in any of the member states (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Republic of Ireland, Italy Luxembourg, the Netherlands, Portugal, Spain, Sweden and the UK (including Gibraltar), Iceland, Liechtenstein and Norway); refugees and stateless persons living in the member State and the dependants and survivors of these people regardless of nationality. (This exemption from NHS charges applies only to "treatment the need for which arose during the visit.").

and

3.10. UK state pensioners living overseas. (This exemption from NHS charges is limited to "treatment the need for which arose during the visit.") 

also when comparing this exemption

3.14. EEA nationals working in another EEA member state but paying compulsory UK class I or II national insurance contributions (see paragraph 3.4. (a) for definition of EEA national).

with that of 3.6 (a) above the only difference I can see between the two is that in 3.14 they are paying compulsary Class 1 or 2 NICS yet it doesn't state that treatment is free only if the need arose during a visit to the UK thereby indicating (to me) that by the fact that the are paying NICS they are entitled to free NHS care.

As far as I understand the situation with the E106 it seems that the UK reimburses the cost of any medical care a holder may have in another EEA country, say then if my wife was a resident in Spain and a Spanish consultant were to refer her back to the UK under a E112 the UK would seem to end up paying for that treatment anyhow!

I wonder if there are any E106 holders that have specifically had treatment back in the UK under the E106 or have had treatment refused or have had to pay for it? 

[AnOther]

I am one of the offshore workers you were perhaps thinking of earlier BTW and have a 'workers E106'

I fear you may be missing the fundamental point which is that entitlement to free and full NHS care is limited to those who are currently and legally resident in UK and neither previous nor continuing payment of NI contributions of whatever class alters this.

There may well be facilities to refer patients to other countries but this would be exceptional and the result of the lack of availability of perhaps a specific treatment, not an option open to be exercised simply because a patient 'prefers' to continue to be seen by a familiar doctor or consultant in their previous country of residence.

I understand that rather than actual reimbursement of costs the UK make a token flat rate payment for each recipient which I have heard is £4000 but I cannot give you any evidence to support that figure. Also remember an E106 is simply a document which permits an individual (and qualifying dependants) to affiliate to the health system of another country so one would not be 'referred' back to UK under the E106 itself but by the actual health system of that other country. Other countries will have different systems for doing this, an E112 is the UK's specific mechanism.

Again not knowing the specific arrangements in Spain you are wise to fully investigate the health care implications of moving to another country, especially so as your wife has a significant medical history. Many people in France were caught out by recent changes which meant either taking out private cover (impossible for some with pre-existing conditions) or if unable to afford that forced back to the UK. It is now the case that for those coming to France but under UK retirement age they can be covered by E106 for up to 2 years but then must fund their own care for the next 3 years or until retirement age whichever is the sooner. If after 5 years continued uninterrupted residence but still under retirement age you can automatically join the French system.

 

[Russethouse]

If the OP goes to http://www.livingspain.co.uk/layoutBody/home.asp?categoryID=21 there is a Q& A section where you can pose a question and get an answer, perhaps that would be worth a try?

Or phone the DWP ?

[Ellan_Vannin]

Seems you can

France

Spain