Dear Department of Health,

An EHIC is issued on the basis of EU Regulation 1408/71.

I note that the Department for Works and Pensions are the
responsible body administering the EHIC service - on behalf of the
NHS.

Under Article 2 of EU Regulation 1408/71 , EU nationals who are
workers, or their family members are entitled to an EHIC issued by
the member state in which they work (the competent state).
---
Article 2
Persons covered
1. This Regulation shall apply to workers who are or have been
subject to the legislation of one or more Member States and who are
nationals of one of the Member States or who are stateless persons
or refugees residing within the territory of one of the Member
States, as also to the members of their families and their
survivors.
2. In addition, this Regulation shall apply to the survivors of
workers who have been subject to the legislation of one or more
Member States, irrespective of the nationality of such workers,
where their survivors are nationals of one of the Member States, or
stateless persons or refugees residing within the territory of one
of the Member States.
---

The NHS website for ordering an EHIC (
https://www.ehic.org.uk/Internet/startAp... ) states:
----
Terms And Conditions

In Accepting These Terms And Conditions:
I agree that I have British, EU, EEA or Swiss nationality.
I agree that all persons to be specified in this application are UK
residents.
The persons named have consented to their personal details being
disclosed.
Main applicant must be 16 or over.
The information that I give on this form is correct and complete to
the best of my knowledge.
I understand that should any person on this application decide to
remain abroad to live or work, then the relevant authorities must
be informed and the EHIC returned.
I understand that this card is not an entitlement card for NHS
services, or proof of identity.
I agree to the Data Protection Statement terms. (View)
-----

My request for information is a simple request. The DWP are the
responsible body for ensuring Article 34 of Directive 2004/38/EC is
fulfilled.

---
Article 34
Publicity
Member States shall disseminate information concerning the rights
and obligations of Union citizens and their family members on the
subjects covered by this Directive, particularly by means of
awareness-raising campaigns conducted through national and local
media and other means of communication.
----

Therefore, in compliance with the FOI act, Article 34 of the
Citizen's directive and on the principle of basic good service, I
would request the following information is made publicly available:

Is a non UK resident - who is a direct family member of a British
Citizen, (who is resident within the UK) entitled to hold an EHIC
issued by the UK.

What would be the process for applying for the EHIC for said NON EU
- Non UK Resident be.

I am aware that the NHS website has recently been updated to
include the line:
---
I agree that all persons to be specified in this application are UK
residents.
---

Please provide all information which you store relating to when
this update was conducted. Please provide the reason for adding the
line to the website.

Please provide all information you store, which outlines the
legality of requiring that a dependant family member of a UK EU
Citizen is resident in the UK to be issued with an EHIC. (This
directly breaches Article 2(1) of EU Regulation 1408/71).

I note that you previously failed to respond to my query in any
form to either confirm, or deny whether an EU citizen's family who
is not resident can hold an EHIC. This has resulted in substantial
discussions in many groups relating to the rights of citizens.

This would clearly also breach Article 34 of the Citizen's
directive as the UK must make it public knowledge of all citizens
rights relating to free movement.

For ease of reference, I refer to my previous FOI requests on the
matter of an EHIC:
https://www.whatdotheyknow.com/request/r...
(NHS: 810917)
https://www.whatdotheyknow.com/request/d... (DWP:
4780)
https://www.whatdotheyknow.com/request/i...
(DWP: 5648)

I note that the NHS has made it very clear previously that the DWP
manage the EHIC system. It is also clear that the EHIC is managed
by the NHS Business Services Authority.

But in any event I am sure the DoH hold information in regards to this matter!

Yours faithfully,

Wayne Pearsall

Department of Health

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