Can my wife claim?

nannytone_2

a baby isn't recognised as a person until it is living independently of the mother

babies have survived from a gestational age of 21 weeks, and frequently survive at the age of 23 weeks, yet abortion is legal up to 24 weeks.
so obviously the baby cannot be deemed a person until at least that age

sleepless_saver

OP, are you an EEA national?

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-claiming-benefits-as-a-family-member/

nrishiraj

sleepless_saver wrote: »

OP, are you an EEA national?

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-claiming-benefits-as-a-family-member/

I'm a British Citizen i.e. born in england.

MissMoneypenny

pmlindyloo wrote: »

MissMoneypenny.

I just cannot get my head round what you are saying as regards the OP and his wife.

Are you saying that she will have to pay for her NHS treatment for the birth of their child (despite the link given saying the opposite)

It is the OP's child too.

Everything I read suggests the opposite.

As regards claiming benefits - CB etc there would be no problem as the OP can claim in his name.

It's the mother who gives birth/needs healthcare and the mother is not a UK citizen. Just being married to a UK citizen does not; and never has; given free NHS nor does that give them a right to live in the UK, for any foreign national. They need a UK visa that gives free NHS or to be an EU worker now. The fact the NHS wasn't able to check before and people got away with not paying, doesn't change that fact that they were not allowed to use the NHS for free.

There are plenty of 'My wife got billed for using the NHS to give birth in the UK and I'm a British citizen' about. Made worse by the fact that the UK has now brought in a law of no more UK visas to remain or stay in the UK until their NHS bills of 1k are paid, even if they have a repayment plan in place. Systems are now linked and the NHS now inform UKVI (UK visa and immigration) of NHS debtors.


The Immigration Act 2014 even changed who the UK would give free NHS to from 6 April 2015. Before that, those legally resident in the UK under UK immigration laws got free NHS: now the law reads that only UK citizens and those with ILR (Indefinate Leave to Remain) and who reside in the EEA, can have free NHS. All the rest now have to pay to use the NHS, subject to a few exceptions. EU citizens come under EU laws.

The OPs wife is an EEA citizen and comes under EU laws in the UK. Only those in work and paying NICs get free NHS from the UK. As said, there is no 'married to a UK citizen qualified person' to have free NHS or a right to reside in the UK.

Even those non-EU family members in work in the UK under EU free movement, now have to pay for the NHS if their EEA family member is not a worker qualified person.

In April 2015 more new laws came in, this time for those EEAs who are self employed and they must now pay NICs each week too to be a Qualified Person and get free NHS and UK benefits. Also in April, but didn't start to June, was that family members of EEA students must now buy health insurance as they can no longer have free NHS from the UK.

This was neatly done so that the UK can now finally check which EEA citizens and their family members must pay to use the NHS and to send other EEA countries the NHS bills for their citizens. Also to make it hard for overstayers to remain in the UK.

For EEAs, the NHS can check on the HMRC Real Time to see who is in work and the rest must pay. For those on UK immigration laws, they will have to produce their Biometric Residence Permit when they use the NHS and they need to pay a the Immigration Health Surcharge to get that.. Their BRP will contain details such as whether they can use the NHS for free. Everyone else will get billed.

Plenty of posts from EEAs stating that when they have tried to claim UK benefits they have received a letter back with a refusal and informing them they have no right to reside in the UK. Or that they have had all their benefits stopped, including child related benefits, because of the UKs new rules for EU citizens and treaty rights meaning they no longer have a right to reside in the UK.

MissMoneypenny

FBaby wrote: »

At what age is a one considered entitled to NHS care?

Everyone is entitled to the UK's NHS for care, it's just that some have to pay. It's nothing to do with age.

pmlindyloo

This makes interesting reading

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/329789/NHS_Implentatation_Plan_Phase_3.PDF

Missmoneypenny can I ask? Would the OP's wife be deemed a self sufficient person since her husband is supporting her and thus make her a qualified person?

As regards benefits EEA nationals do get refused but in these circumstances all benefits could be applied for in the OP's name since he is a British citizen.

MissMoneypenny

pmlindyloo wrote: »

Missmoneypenny can I ask? Would the OP's wife be deemed a self sufficient person since her husband is supporting her and thus make her a qualified person?

Self Sufficients have to show they have the savings to be self sufficient in the first place, but after that, under present rules, she could use her husband's earnings. BUT she would still need to pay to use the NHS. A Self Sufficients Qualified person can't use the NHS for free and need to have a CSI (Comprehensive Sickness Insurance) to pay for their use of the NHS.

EUs used to get around this having to buy a CSI if they were SS by pretending they were self employed even if they didn't make any money, but as said, the UK closed that loophole in April 2015.

She would also need to keep watching the UK changing EU free movement rules as this is done all the time and is retrospective. There are meant to be some more announcements on immigration in the Autumn, although some suddenly came out this week for UK immigration rules. There doesn't seem to be a set time the changes are announced.

pmlindyloo wrote: »

As regards benefits EEA nationals do get refused but in these circumstances all benefits could be applied for in the OP's name since he is a British citizen.

Anything a UK citizen can have then the UK citizen can claim. He can't take extra benefits for a self sufficient qualified person spouse because they are meant to be self sufficient. Nor can a self sufficient claim any benefits for themselves. Most important they don't do that.
http://www.telegraph.co.uk/news/uknews/immigration/11060289/Britain-may-copy-Germanys-move-to-deport-benefit-cheats.html

xylophone

https://www.citizensadvice.org.uk/healthcare/help-with-health-costs/nhs-charges-for-people-from-abroad/

pliusas

MissMP,
Can u give me link from gov website about eea + csi and not free nhs? Honestly, i googled all night, but if husband is working - wife is his family member and csn use nhs for free. She is not, like u said SS. OP's wife can use nhs for free.

[Deleted User]

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-other-ways-to-get-rights/you-are-self-sufficient-the-habitual-residence-test/

You will also have to prove that you have comprehensive sickness insurance that will pay for your healthcare if you fall ill.

And from home office guidance.......


https://www.gov.uk/government/publications/eea-nationals-eun01/eea-nationals-eun01

Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as ‘sufficient resources’. The personal situation of each applicant must be taken into account.