The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) (Wales) Regulations 2022

• Citation: S.I. 2022/402 (W.)
• Sections: 3

Section 1 Title, commencement and interpretation

(1) The title of these Regulations is the National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) (Wales) Regulations 2022.

(2) These Regulations come into force on 31 March 2022.

(3) In these Regulations, “ the principal Regulations ” means the National Health Service (Charges to Overseas Visitors) Regulations 1989 .

Section 2 Amendment of the principal Regulations

(1) The principal Regulations are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), for the definition of “authorised companion” substitute—

“ authorised companion ” means a person who has been granted leave to enter the United Kingdom to accompany a person who is—

obtaining a course of treatment in respect of which no charges are payable under regulation 6A; or

ordinarily resident in Ukraine and is obtaining a course of treatment;

(3) After regulation 4H (children of overseas visitors exempt from charges by virtue of regulations 4F and 4G) insert—

Overseas Visitors from Ukraine

(4I)

(1) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who—

(a) is lawfully present in the United Kingdom; and

(b) is ordinarily resident in Ukraine.

(2) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is lawfully present in the United Kingdom and is—

(a) the spouse or civil partner of another overseas visitor who is exempt from charges under paragraph (1); or

(b) a child in respect of whom another overseas visitor, who is exempt from charges under paragraph (1), has responsibility.

(3) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a child who—

(a) is born in the United Kingdom to a parent who is exempt from charges by virtue of paragraph (1);

(b) is aged 3 months or less; and

(c) has not left the United Kingdom since birth.

(4) This paragraph applies to an overseas visitor who, during the relevant period—

(a) received relevant services from a Local Health Board or NHS trust and who is exempt from charges for those services by virtue of—

(i) paragraph (1);

(ii) paragraph (2); or

(iii) paragraph (3); or

(b) received relevant services consisting of treatment the need for which arose during the visit from a Local Health Board or NHS trust and who is exempt from charges for those services by virtue of being—

(i) an authorised companion; or

(ii) an authorised child,

who has been granted leave to enter the United Kingdom to accompany a person who is exempt from charges under paragraph (1).

(5) An overseas visitor to whom paragraph (4) applies is to be treated for the purposes of these Regulations as if, at the time that the relevant services were provided, the overseas visitor was an overseas visitor in respect of whom no charge may be made or recovered for those relevant services.

(6) A Local Health Board or NHS trust which, in respect of an overseas visitor to whom paragraph (5) applies, has—

(a) yet to make charges under regulation 2 (making and recovery of charges), must not make the charges;

(b) made charges under regulation 2 but has yet to recover the charges, must not recover the charges; or

(c) made charges under regulation 2 and received payment in respect of the charges, must repay any sum paid in respect of the charges in accordance with regulation 8 (repayments).

(7) In this regulation, “ the relevant period ” means the period from 24 February 2022 to the coming into force of this regulation.

Section 3 Review

Before 1 October 2022, the Welsh Ministers must carry out a review of the amendments made by these Regulations.