Joshua Posted January 11, 2008 Share Posted January 11, 2008 The following isparaphrased from replies to questions asked of the DWPThe entitlementto reciprocal cover with an E106 is directly related to residual entitlement toShort Term Incapacity Benefit, which in turn is dependant on Class 1 NationalInsurance contributions for the current and the previous two years. The DWPmake no assumptions regarding employment only that you are leaving the UK totake up residence in another EU country and that you not at the time of moving,in employment.Under ECRegulations, a person who is living in another Member State and is in receiptof a UK benefit payable under the EC Regulations is entitled to health carefrom the UK. The application of this rule means that a person who leavesthe UK to live but not to work, and is not in receipt of a UK Social Securitybenefit, would not be entitled to health care from any state. This lackof cover resulted in a number of representations from people in the 1980'swho felt disadvantaged by the lack of provisions. Under UKlaw it is possible for a person to have residual entitlement to short-termincapacity benefit for a limited period after the payment of UK class 1 or 2contributions has ceased. This forms the basis on which the UK provideshealth cover on form E106 to people who would otherwise have noentitlement. The practice began around 1982 and forms E106 areissued under Article 19.1(a) of EC Regulation 1408/71. Typically, thegroup most affected are people who take early retirement but anyone whosatisfies the conditions can benefit from the arrangement.Thequestion as to whether the entitlement is enshrined in UK Law remainsunanswered by the DWP but from the above it appears to be a policy Has the situation changed enough to warrant representations being made again?Joshua[:D] Link to comment Share on other sites More sharing options...
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