NHS BSA - EHIC - Regulation 1408/71

Wayne Pearsall made this Freedom of Information request to NHS Business Services Authority

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear NHS Business Services Authority,

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.

Yours faithfully,

Wayne Pearsall

FOIRequests Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear Mr Pearsall

 

Please find attached a final letter regarding your recent Freedom of
Information request.

 

We would also value your feedback regarding the way in which your request
was handled. You can provide us with direct feedback on our website at the
following address:

 

[1]https://www.ppa.org.uk/FOI_survey_form/d...

 

Any feedback you provide will be strictly anonymous and much appreciated.

 

Summary of Response

 

Background

 

Insured Person

 

The EHIC is issued under Article19 of [2]EU Regulation 883/2004, and this
refers to “insured person”. For the purpose of the EHIC application
process, “insured”, in relation to healthcare primarily means ordinarily
resident. Article 2 states persons covered (by the Regulation) to be:
“nationals of a Member State, stateless persons and refugees residing in a
Member State (who have been subject to the legislation of a Member
State)….as well as to members of their families and their survivors”.

 

Family Member

 

The definition of a “Family member” in relation to the “main applicant” is
as follows:

 

According to Article 2 (2) of the [3]Residence Directive (2004/38/EC),
family member includes spouses, (registered) partners, descendants and
ascendants. Each category is further defined as:

 

·             Spouse: married partner

·             Registered partner: a partner with whom the main applicant
has concluded a registered partnership on the basis of the legislation of
an EU country

·             Descendants: direct descendants (i.e. children,
grand-children, etc.) who are under the age of 21 or are dependants and
those of spouse or registered partner

·             Ascendants: dependent direct relatives in the ascending line
(i.e. parents, grand-parents, etc.) and those of spouse or registered
partner

 

A copy of most of the information is enclosed.

 

Question 1

 

A non UK resident who is a family member of a UK resident is entitled to a
UK issued EHIC. There is no requirement for an applicant to be a British
Citizen, as the EHIC is residency based in the UK. The NHSBSA would like
to thank you for highlighting the discrepancy within the ‘Terms and
Conditions’ (T&C’s) of the EHIC application. We have now made a change to
the relevant line in the T&C’s to reflect this. The updated line now read
as follows:

 

“I agree that the main applicant specified in this application is a UK
resident”.

 

Question 2

 

The application for a “family member” can be made on an application where
the “main applicant” is a UK resident. The application can be made via the
internet, telephone and postal routes as follows:

 

Application How to apply
route
Internet [4]www.nhs.uk/ehic
Telephone 0300 3301350 or 0191 279 0575
Post Download an application form at
[5]http://www.nhs.uk/NHSEngland/Healthcarea...

 

Further information on how to apply can be found at [6]www.nhs.uk/ehic 

Click on the link called ‘How do I apply for an EHIC?’

 

Question 3

 

I am writing to advise you that following a search of our paper and
electronic records,

I have established that the information you requested on the reason for
this change is not held by the NHS Business Services Authority. The NHSBSA
do not have a record of this line changing and the earliest record of its
existence is 27^th October 2011, when the NHSBSA migrated to a new code
management system.

 

Question 4

 

Please refer to question 1. The line in the Ts&Cs is an oversight and has
now been amended.

 

 

Please note that this information will be published on our Freedom of
Information disclosure log at:

 

[7]https://www.ppa.org.uk/NHSBSA_foiRequest...

 

Your personal details will be removed from the published response.

 

 

Regards

 

Chris Gooday

Information Governance Manager

Corporate Governance

Tel 0191 2035351

Internal tel 500 5351

Fax 0191 264 5281

[8]www.nhsbsa.nhs.uk

[9]Description: Description: NHSBSA Header (356K)

Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

Please read our email disclaimer online at:
[10]http://www.nhsbsa.nhs.uk/email.

To reduce our environmental footprint, please only print when necessary.

 

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References

Visible links
1. https://www.ppa.org.uk/FOI_survey_form/d...
2. http://eur-lex.europa.eu/legal-content/E...
3. http://eur-lex.europa.eu/LexUriServ/LexU...
4. http://www.nhs.uk/ehic
5. http://www.nhs.uk/NHSEngland/Healthcarea...
6. http://www.nhs.uk/ehic
7. https://www.ppa.org.uk/NHSBSA_foiRequest...
8. http://www.nhsbsa.nhs.uk/
10. http://www.nhsbsa.nhs.uk/email

Dear NHS Business Services Authority,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of NHS Business Services Authority's handling of my FOI request 'NHS BSA - EHIC - Regulation 1408/71'. (Ref: 4633)

Whilst I am thankful for the clear confirmation that the non-EU non-Resident spouse of a British Citizen is entitled to hold an EHIC issued by the UK as part of their Spouses Application (obviously the spouse would need to qualify).

I have been told that the method of entering the non-EU's NINo is to simply enter the British Citizen's NINo as with a dependant child. Can you confirm this in writing to myself please (obviously, your website requires a NINo or NHS no to be provided - and you have confirmed that the family member can be included in an Online application.

I also thank you for promptly updating the application T's and C's to:
---
Terms And Conditions

In Accepting These Terms And Conditions:

I confirm that the main applicant has British EU, EEA or Swiss nationality. Click for Description
I agree that the main applicant specified in this application is a UK resident. Click for Description
The persons named have consented to their personal details being disclosed.
Main applicant must be 16 or over. Click for Description
The information that I give on this form is correct and complete to the best of my knowledge.
I understand that should the main applicant decide to remain abroad to live or work, then the relevant authorities must be informed and any associated EHICs 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)
---

However, there is indication that you have not released all of the information you hold on this subject. The release document is called "Part Disclosure" and within the disclosure: "A copy of most of the information is enclosed. " is stated.

Can you please provide the remaining information you store, which I have requested. I do assume that some information may relate to an S1 (which I am aware the French Authorities request) which is obtainable from HMRC. Your telephone line staff (after six or seven calls) kindly informed me of this.

If information is being withheld for a valid legal exemption, I am sure you are aware that the FOIA requires a clear statement of which exemption applies, why it applies, and in most cases a Public Interest Test to be conducted.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Wayne Pearsall

FOIRequests Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

1 Attachment

Dear Mr Pearsall,

 

I am writing regarding your request for information, which I received on
15 September 2014.  In that request, you asked us for the following:

 

‘Can you please provide the remaining information you store, which I have
requested. I do assume that some information may relate to an S1 (which I
am aware the French Authorities request) which is obtainable from HMRC.
Your telephone line staff (after six or seven calls) kindly informed me of
this’

 

I am writing to ask you to clarify your request.  This is because we are
not certain that we have understood your request. Therefore I would be
grateful if you would confirm the information you require.

 

Please note that the information the telephone line staff have access to
is available on our website as follows:

 

Form S1

[1]https://nhsuk.epticahosting.com/selfnhsu...

 

Further information

[2]https://nhsuk.epticahosting.com/selfnhsu...

 

Please note that if I do not receive appropriate clarification of your
information requirements within three months from the date of this letter,
then I will consider your request closed.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of my decision,
please write to:

 

Gordon Wanless

Head of Internal Governance

NHS Business Services Authority

1^st Floor

Stella House

Goldcrest Way

Newburn Riverside Business Park

Newcastle upon Tyne

NE15 8NY

 

Details of how we will handle your review request are available on our
website at:

 

[3]http://www.nhsbsa.nhs.uk/Documents/NHSBS...

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision. 
Please note that generally, the ICO cannot make a decision unless you have
exhausted the NHS Business Services Authority’s complaints procedure.

 

The Information Commissioner can be contacted at:-

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel:  01625 545 745

Fax: 01625 524 510

Email: [4][email address]

 

If you have any queries about this letter, please contact me.  Please
quote the reference number overleaf in any future communications.

 

Regards

 

Chris Gooday

Information Governance Manager

Corporate Governance

Tel 0191 2035351

Internal tel: 500 5351

Fax 0191 264 5281

[5]www.nhsbsa.nhs.uk

[6]Description: NHSBSA Header (356K)

Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

Please read our email disclaimer online at:
[7]http://www.nhsbsa.nhs.uk/email.

To reduce our environmental footprint, please only print when necessary.

 

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References

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1. https://nhsuk.epticahosting.com/selfnhsu...
2. https://nhsuk.epticahosting.com/selfnhsu...
3. http://www.nhsbsa.nhs.uk/Documents/NHSBS...
4. mailto:[email address]
5. http://www.nhsbsa.nhs.uk/
7. http://www.nhsbsa.nhs.uk/email

FOIRequests Nhsbsa (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

Dear Mr Pearsall,

Thank you for your prompt response.

1. With regard to your query:

Eligibility for an EHIC is based on residency rather than citizenship. Any non-UK resident applicant need to reside within an EU member state.

Therefore, a family member of the main applicant, that is not resident in the UK, but is resident in a member state; can apply by using the 'main applicants' NINO/NHS number. We collect the NINO/NHS number in relation to the residency status of the main applicant as they need to be resident in the UK. The residency test is not applicable to a non-resident and therefore, the main applicants number can be used.

Further details on this are provided in the background information and question 1 response provided to you on 12 September 2014

2. Internal Review Request

You will shortly receive an acknowledgement regarding our response that we do not hold the information you requested in question 3
'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.'

Regards

Chris Gooday

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Wanless Gordon (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

3 Attachments

Dear Mr Pearsall

 

Please find attached a letter regarding your recent request for an
internal review.

 

Regards

 

Gordon Wanless   LLM

Head of Internal Governance

Corporate Governance
 

Tel: 0191 203 5484

Internal tel: 500-5484

Fax: 0191 264 5281

[mobile number]

[1]www.nhsbsa.nhs.uk
[2]Description: Description: NHSBSA Header (356K)
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY
Please read our email disclaimer online at:
[3]http://www.nhsbsa.nhs.uk/email.

To reduce our environmental footprint, please only print when necessary.

 

 

Chris Dunn

Information Governance Assistant

Corporate Governance

Tel 0191 2035352

Internal tel 500 5352

Fax 0191 264 5281

[4]www.nhsbsa.nhs.uk

[5]Description: Description: NHSBSA Header (356K)

Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY

 

Please read our email disclaimer online at:
[6]http://www.nhsbsa.nhs.uk/email.

To reduce our environmental footprint, please only print when necessary.

 

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References

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1. http://www.nhsbsa.nhs.uk/
3. http://www.nhsbsa.nhs.uk/email
4. http://www.nhsbsa.nhs.uk/
6. http://www.nhsbsa.nhs.uk/email

Wanless Gordon (NHS BUSINESS SERVICES AUTHORITY), NHS Business Services Authority

2 Attachments

Dear Mr. Pearsall

 

Please find attached a letter regarding your recent request for an
internal review.

 

Regards

 

Gordon Wanless   LLM

Head of Internal Governance

Corporate Governance
 

Tel: 0191 203 5484

Internal tel: 500-5484

Fax: 0191 264 5281

[mobile number]

[1]www.nhsbsa.nhs.uk
[2]Description: Description: NHSBSA Header (356K)
Stella House, Goldcrest Way, Newburn Riverside Business Park, Newcastle
upon Tyne NE15 8NY
Please read our email disclaimer online at:
[3]http://www.nhsbsa.nhs.uk/email.

To reduce our environmental footprint, please only print when necessary.

 

 

show quoted sections

References

Visible links
1. http://www.nhsbsa.nhs.uk/
3. http://www.nhsbsa.nhs.uk/email

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