Rights to National Health Service (NHS) treatment
First, EU law certainly does not make the UK a safe haven for EU citizens who would like to come to get healthcare at the expense of UK taxpayers.
Those who come for short periods, for example on holiday, can receive basic and emergency care, by using the European Health Insurance Card (EHIC – formerly known as an E111).
However, under the EHIC system, that care is ultimately paid for by their own Member State of residence. Such visitors are in general not entitled to non-urgent treatment for existing medical conditions and neither are they entitled to come to the UK specifically to obtain NHS treatment.
EU law on the coordination of social security systems provides that those EU citizens – and only those – who can show that they are either employed or self-employed in the UK or non-active but habitually resident in the UK (see above for the criteria) are fully entitled to treatment by the NHS on the same terms as resident UK citizens.
UK law is in line with this principle and does allow EU citizens who are genuinely resident in the UK to have full access to NHS treatment.
UK citizens in other Member States have access to state funded healthcare systems there on the same basis.
But the UK does not recognise entitlement to NHS treatment as comprehensive sickness insurance cover within the meaning of EU law on free movement of EU citizens. It is on that issue that the Commission launched “infringement proceedings” (legal action) in 2011 against the UK.
In the Commission’s view, EU law requires that in assessing whether a non-active EU citizen should be entitled to remain in the UK under the free movement rules, the UK authorities must consider NHS cover – IF the person qualifies for it – as sufficient sickness insurance, without requiring them to obtain private insurance. It is worth emphasising again that the mere fact of being present in the UK is NOT enough to ensure qualification for NHS cover.
EU rules do not prescribe to EU countries how they should set up their national health-care systems. They can shape those systems as they see fit and the only obligation is that they cannot discriminate against EU citizens from other EU countries.
Like a number of other Member States (Spain, Portugal, Denmark, Sweden, Finland), the UK has decided to set up a scheme which does not link entitlements to individual contributions.
First, EU law certainly does not make the UK a safe haven for EU citizens who would like to come to get healthcare at the expense of UK taxpayers.
Those who come for short periods, for example on holiday, can receive basic and emergency care, by using the European Health Insurance Card (EHIC – formerly known as an E111).
However, under the EHIC system, that care is ultimately paid for by their own Member State of residence. Such visitors are in general not entitled to non-urgent treatment for existing medical conditions and neither are they entitled to come to the UK specifically to obtain NHS treatment.
EU law on the coordination of social security systems provides that those EU citizens – and only those – who can show that they are either employed or self-employed in the UK or non-active but habitually resident in the UK (see above for the criteria) are fully entitled to treatment by the NHS on the same terms as resident UK citizens.
UK law is in line with this principle and does allow EU citizens who are genuinely resident in the UK to have full access to NHS treatment.
UK citizens in other Member States have access to state funded healthcare systems there on the same basis.
But the UK does not recognise entitlement to NHS treatment as comprehensive sickness insurance cover within the meaning of EU law on free movement of EU citizens. It is on that issue that the Commission launched “infringement proceedings” (legal action) in 2011 against the UK.
In the Commission’s view, EU law requires that in assessing whether a non-active EU citizen should be entitled to remain in the UK under the free movement rules, the UK authorities must consider NHS cover – IF the person qualifies for it – as sufficient sickness insurance, without requiring them to obtain private insurance. It is worth emphasising again that the mere fact of being present in the UK is NOT enough to ensure qualification for NHS cover.
EU rules do not prescribe to EU countries how they should set up their national health-care systems. They can shape those systems as they see fit and the only obligation is that they cannot discriminate against EU citizens from other EU countries.
Like a number of other Member States (Spain, Portugal, Denmark, Sweden, Finland), the UK has decided to set up a scheme which does not link entitlements to individual contributions.