Victims of violence exemptions free treatment to non citizens

Waiting for an internal review by Department of Health and Social Care of their handling of this request.

Dear Department of Health,

Further to

Victims of violence

Under what law does the department have the right to allow NHS trusts to treat and not get payment for these so called exemptions.

If female genital mutilation happened in another country and the female is not a citizen why should the tax payer foot her treatment?????

I remind you that as most people pay tax we are entitled to question why the departments of government are wasting money. To me providing free treatment to those that have not paid tax is unlawful and put citizens at risk.

Yours faithfully,

Joe Jordan

Department of Health and Social Care

Our ref: DE-1114772


Dear Mr Jordan,


Thank you for your correspondence of 14 January about access to NHS
services by
overseas visitors.  I have been asked to reply.

appreciate your concerns.


As you
may be aware, entitlement to free NHS care is largely based on being
resident in the UK, or being otherwise exempt from charges under the
Regulations.  Being ordinarily resident
means, broadly, living in the UK on a lawful and properly settled basis,
non-European Economic Area nationals subject to immigration control also
required to have an immigration status of ‘indefinite leave to remain’.  A
person not ordinarily resident in the UK is
deemed an overseas visitor.


the public consultation that ran from December 2015 to March 2016, the
Government set out in its response in February that it intended to amend
existing Regulations to ensure that, amongst other things, overseas
make a fair contribution towards the cost of NHS care they use, regardless
the setting in which it is provided.  Some
providers of NHS-funded care were not included in the previous Regulations
could not therefore apply a charge to overseas visitors.  In some
circumstances, care that would be
chargeable if provided to an overseas visitor at a hospital would not be
if it was provided in a non-hospital setting.

Government also set out in its response its intention to require upfront
charging in respect of non-urgent treatment, which is consistent with
published guidance.


the course of the consultation and decision-making process, the Government
carefully considered the impact of the changes on vulnerable groups. 
Ministers believe the changes that have been
adopted within the context of the existing Regulations are reasonable and
and that the Amendment Regulations will help ensure that all users of NHS
services make an equitable contribution.


Amendment Regulations came into force on 21 August, with some provisions –
those relating to upfront charging and extending the duties within the
Regulations to non-NHS providers of NHS-funded care, which previously
could not
charge overseas visitors – coming into force on 23 October.  An impact
assessment was published at the
same time as the Amendment Regulations were laid before Parliament, and
estimated that the increase in net income would be up to £40million per


the NHS is essentially a humanitarian service and it is important to
that some services remain free to all.  These
currently include primary medical services, the diagnosis and treatment of
infectious diseases, and accident and emergency services until admission
hospital as an inpatient.  Also, some
groups of vulnerable overseas visitors remain exempt from charge for all
treatment, including refugees and asylum seekers, failed asylum seekers
receiving specified packages of state support, victims of modern slavery
(including human trafficking), and children looked after by a local


Government will review the impact of upfront charging and extending
charges to
out-of-hospital care and care provided by non-NHS organisations.  This
work will help ensure that the policies
are working as intended.


It is
also important to note that the changes do not require that a patient will
to provide a means of identification to qualify for free care.  While this
may be helpful in demonstrating
eligibility, other information will be used by trained NHS staff to ensure
residency status of a patient is identified. 
The Regulations simply state that organisations must make reasonable
enquiries to determine whether charges should be made.  There are no fixed
requirements for evidence,
and simple, non-discriminatory questions should be asked by trained staff
identify whether patients should be charged.


I hope
this reply is helpful.



Yours sincerely,


Jane Spencer

Ministerial Correspondence and Public Enquiries

Department of Health and Social Care



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Dear Department of Health and Social Care,

I still don't believe that I should be forced to fund and pay for treatment for these "victims".

The NHS is not essentially a humanitarian service. It is a health care system for those that pay tax. Hence the name of it National Health Service. I understand the view point of the NHS treating infectious disease as the risk to British citizens is high. However to expect our tax to pay for treatment for everyone that comes into the country is not right.

You didn't explain why victim of violence eg. FGM get free treatment when there is no risk to citizens.

Yours faithfully,

Joe Jordan

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