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after the transition period healthcare arrangements

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  • LAWYER RESPONSE after the transition period healthcare arrangements

    Hi

    I have a question on "what next" after transition period for the retired family members.

    A retiree who now has the pre-settled status and a limited right to remain (5 years) and has moved their healthcare to NHS with a submission of S1 and received the confirmation of right to use NHS. All their national security contributions were always in another EU state where they draw the pension from.

    During the transitional period, that is now, the NHS is able to claim the cost back from their original insurer in EU.

    What will happen to these people once the transition period ends?

    Access to NHS - Is there a promise to continue the S1 reimbursement across UE or that in case of lack of agreement there will still be a full access to NHS without the reimbursement?

    Access to social care / benefits system - What will happen to access to any social care they may need as time passes?

    I am the only surviving family member of my parent, they now need help with everyday life at the level I can easily fulfill but would be completely alone back in the country. I moved my life here over 20 years ago, the arrangements we made for caring for them were based on UK being in the EU while they are aging so we agreed the route of them moving in with us. Having to pay for their private health insurance and shouldering full cost of social care should it be needed in future would break their finances completely and I would not be able to easily add this to my family budget.

  • #2
    Originally posted by Krys View Post
    Hi

    I have a question on "what next" after transition period for the retired family members.

    A retiree who now has the pre-settled status and a limited right to remain (5 years) and has moved their healthcare to NHS with a submission of S1 and received the confirmation of right to use NHS. All their national security contributions were always in another EU state where they draw the pension from.

    During the transitional period, that is now, the NHS is able to claim the cost back from their original insurer in EU.

    What will happen to these people once the transition period ends?

    Access to NHS - Is there a promise to continue the S1 reimbursement across UE or that in case of lack of agreement there will still be a full access to NHS without the reimbursement?

    Access to social care / benefits system - What will happen to access to any social care they may need as time passes?

    I am the only surviving family member of my parent, they now need help with everyday life at the level I can easily fulfill but would be completely alone back in the country. I moved my life here over 20 years ago, the arrangements we made for caring for them were based on UK being in the EU while they are aging so we agreed the route of them moving in with us. Having to pay for their private health insurance and shouldering full cost of social care should it be needed in future would break their finances completely and I would not be able to easily add this to my family budget.
    Hi Krys I have moved your question to a new thread to make sure answers are not confused.

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Aron F (lawyer) Would you be able to assist with this?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        The Withdrawal Agreement fact sheet says:

        SOCIAL SECURITY COORDINATION
        The Bill will ensure that citizens who have moved between the UK and the EU, or those who have interacted with the social security system of the UK and a Member State, before the end of the implementation period are not disadvantaged in their access to pensions, benefits and other forms of social security including healthcare cover. This includes protection for UK nationals who have interacted with social security systems in other Member States Under the Withdrawal Agreement we will continue to follow the social security coordination regulations. Aligning with these rules is essential to the smooth functioning of the system and will ensure that individuals covered by the Withdrawal Agreement do not lose out. The Bill will allow us to make sure that our domestic legislation works alongside these EU rules.


        See also Factsheet 4: social security co-ordination - GOV.UK :

        The EU (Withdrawal Agreement) Act 2020 establishes a cohort of citizens to whom the EU’s social security co-ordination rules will continue to apply after the end of the transition period, no matter what the future relationship covers. This cohort primarily consists of EU citizens living or working in the UK and UK nationals living or working in the EU at the end of the transition period as well as certain other groups. Changes to the rules on social security co-ordination made under this bill will not be applied to this group for as long as they remain in scope of the Withdrawal Agreement. The EU (Withdrawal Agreement) Act 2020 also protects the social security position of individuals who have lived and worked between the UK and the EU by the end of the transition period.

        I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

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        • #5
          Thank you for this, its good to be shown the right bit of a long document, that s very useful in finding what the situation might be.

          Now for the definition of "have interacted with the social security system of the UK and a Member State". Does it mean only the interactions that were started before and during the transition would be allowed to continue?

          Does it mean if someone did not drew benefits prior to the end of transition they would not be allowed to do it afterwards?

          Comment


          • #6
            Originally posted by Krys View Post
            Thank you for this, its good to be shown the right bit of a long document, that s very useful in finding what the situation might be.

            Now for the definition of "have interacted with the social security system of the UK and a Member State". Does it mean only the interactions that were started before and during the transition would be allowed to continue?

            Does it mean if someone did not drew benefits prior to the end of transition they would not be allowed to do it afterwards?
            Aron F

            I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              The co-ordination rules' apply to those who moved from one EU member country to another thus 'have interacted with the social security system of the UK and a Member State' by being under the scope of both. It does not mean that someone who moved into the UK during the transition period and did not claim benefits would not be able to claim them anymore since they indeed were under the scope of both.

              I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

              Comment


              • #8
                Ok thank you.
                So the pre-settled status / settled status will be what is needed to stop worrying that UK will try to force a retiree out.

                I know there are major issues in bringing dependant parents in from outside the EU already.
                Thank you

                Comment


                • #9
                  Originally posted by Krys View Post
                  Ok thank you.
                  So the pre-settled status / settled status will be what is needed to stop worrying that UK will try to force a retiree out.
                  Morning,

                  Nobody with EUSS status will be forced out unless they commit a serious crime or fail to meet the residence criteria, particularly for pre-settled status, as noted here: Residence criteria

                  Originally posted by Krys View Post
                  I know there are major issues in bringing dependant parents in from outside the EU already.
                  Thank you
                  Not sure what you are referring to as "major issues", EU nationals with settled or pre-settled status can sponsor both their own parents and their in-laws via the EUSS and, unlike the EEA family route, dependence for parents is assumed and need not be proved for EUSS applications. We've had a number of successful applications of this kind here on the forum.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    The comment of "major issues" was specific to non-EU citizens living in this country with Right to Remain, so not related to EU settlement process, who are finding it very difficult to have their elderly parents allowed to stay in UK. That is a situation I was seeking clarity that i will be able to avoid.

                    My parent is from EU and has already the pre-settled status on her own right as a retiree who has moved here (less than 5 years ago), that is explained in my original post.

                    I was checking for a pressure to live the country as to not be a burden on from healthcare / social care and to live the UK that may be applied in future. In particular she is now in possession of the Comprehensive Sickness Insurance on the bases of S1 document registered with NHS, which lets HNS claim the cost of her care back from the home EU state and counts for legal residence as well as giving her healthcare cover.

                    What was not clear to me is what will happen in the future to those with the pre-settled status

                    Are you saying that I misinterpreted Aron F's response ?

                    And we still

                    - will need the privately purchased CSI, after the transition for someone in their late 70's to be legally resident?
                    Important to be able to apply for full settled status after 5 years to have the e security to live here the rest of her life?

                    - might not be able to ask for disability allowance or the council for help with personal care for example and if worst hits get them into a nursing home?


                    Comment


                    • #11
                      Originally posted by Krys View Post
                      The comment of "major issues" was specific to non-EU citizens living in this country with Right to Remain, so not related to EU settlement process, who are finding it very difficult to have their elderly parents allowed to stay in UK. That is a situation I was seeking clarity that i will be able to avoid.
                      Unfortunately, family reunion under the UK immigration rules (other than via EUSS), is one of the biggest faults of the current immigration system, and it's hard enough to sponsor spouses and children, let alone other family members.

                      Originally posted by Krys View Post
                      My parent is from EU and has already the pre-settled status on her own right as a retiree who has moved here (less than 5 years ago), that is explained in my original post.
                      In that case, not an issue at all.

                      Originally posted by Krys View Post
                      I was checking for a pressure to live the country as to not be a burden on from healthcare / social care and to live the UK that may be applied in future. In particular she is now in possession of the Comprehensive Sickness Insurance on the bases of S1 document registered with NHS, which lets HNS claim the cost of her care back from the home EU state and counts for legal residence as well as giving her healthcare cover.

                      What was not clear to me is what will happen in the future to those with the pre-settled status
                      Pre-settled status is enough to have full access to healthcare and limited access to benefits. Once they have acquired settled status, then they'd also get full access to benefits in the same terms as UK nationals.

                      Originally posted by Krys View Post
                      Are you saying that I misinterpreted Aron F's response ?

                      And we still

                      - will need the privately purchased CSI, after the transition for someone in their late 70's to be legally resident?
                      Not at all, status under the EUSS gives full access to the NHS, regardless of whether it's settled or pre-settled status.

                      Originally posted by Krys View Post
                      Important to be able to apply for full settled status after 5 years to have the e security to live here the rest of her life?

                      - might not be able to ask for disability allowance or the council for help with personal care for example and if worst hits get them into a nursing home?
                      Yes, as I said above, access to benefits/social assistance/council support may be limited for those with pre-settled status in certain cases, while settled status does give full access on the same terms as UK nationals enjoy, subject to satisfying the habitual residence test (which also applies to British nationals returning from abroad).

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment

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