HEALTH MATTERS- THE EU REGULATIONS.
The EU Regulations (essentially 1408/1971 and
883/2004) state that the costs of health care for the Old Age Pensioner is the
responsibility of the State to whom the OAP has paid his/her social security
contributions. This State is defined as
the ‘competent State’ - For almost all expatriate elderly Britons this
competent State is The United Kingdom.
Article 24 of EU Regulation 883/2004….
“1.
A person who receives a pension or pensions under the legislation of one or
more Member States and who is not entitled to benefits in kind under the
legislation of the Member State of residence shall nevertheless receive such
benefits for himself and the members of his family, insofar as he would be
entitled thereto under the legislation of the Member State or of at least one
of the Member States competent in respect of his pensions, if he resided in
that Member State.
The benefits in kind shall be provided at
the expense of the institution referred to in paragraph 2 by the institution of
the place of residence, as though the person concerned were entitled to a
pension and benefits in kind under the legislation of that Member State.”
2. In the cases
covered by paragraph 1, the cost of benefits in kind shall be borne by the
institution as determined in accordance with the following rules:
(a) where the
pensioner is entitled to benefits in kind under the legislation of a single
This regulation overlaps with the earlier Regulation of 1972 as follows. They are almost identical.
Regulation 1408/1971 Article 28
Pensions payable
under the legislation of one or more States, in cases where there is no right
to benefits in the country of residence.
1. A pensioner who is entitled to a pension under
the legislation of one Member State or
to pensions under the legislation of two or more Member States and who is not
entitled to benefits under the legislation of the Member State in whose
territory he resides shall nevertheless receive such benefits for himself and
for members of his family, in so far as he would, taking account where
appropriate of the provisions of Article
18 and Annex VI, be entitled thereto under the legislation of the Member State or
of at least one of the Member States competent in respect of pensions if he
were resident in the territory of such State. The benefits shall be provided
under the following conditions:
(a) benefits in kind shall be provided on behalf of
the institution referred to in paragraph 2 by the institution of the place of
residence as though the person concerned were a pensioner under the legislation of the State in whose territory
he resides and were entitled to such benefits;
(b) cash benefits shall,
where appropriate, be provided by the competent institution as determined by
the rules of paragraph 2, in accordance with the legislation which it
administers. However, upon agreement between the competent institution and the
institution of the place of residence, such benefits may be provided by the latter
institution on behalf of the former, in accordance with the legislation of the
competent State.
2. In the cases covered by paragraph 1, the cost of
benefits in kind shall be borne by the institution as determined according to
the following rules:
(a) where the pensioner is
entitled to the said benefits under the legislation of a single