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SECTION 1 GENERAL INFORMATION
9. Exemption from NHS charges is predominantly based on residency. This is irrespective of whether a UK passport is held, the person owns property in the UK, or pays taxes. UK State Pensioners who live abroad permanently have only limited residual rights. They should not remain registered with a GP. If people are ordinarily resident in the UK they are "exempt from NHS charges" as described above. The definitive interpretation of ordinary or temporary residence would be for a court to decide in the specific circumstances of an individual case. However, for guidance in relation to charges for overseas visitors, the following definitions are provided
Definition- Ordinarily Resident
'A person is ordinarily resident if they are normally residing (lawfully) in the United Kingdom (apart from temporary or occasional absences) for settled purposes as part of the regular order of their life for the time being; if they have an identifiable purpose for their residence and if that purpose has a sufficient degree of continuity to be properly described as "settled".'
Definition- Temporary Resident
A temporary resident is anyone who is normally resident elsewhere and who is residing (lawfully) in Scotland for more than 24 hours and not more than 3 months. Temporary residents are not automatically entitled to exemption from NHS charges. They must either meet one of the categories of exemption set out in this guidance or be receiving a service exempt from charges.
Time Limits for Residency
10. To qualify as ordinarily resident, people must spend no more than 3 months of the year (continuously) outside the UK, although UK State pensioners may spend up to 6 months living in another Member State of the European Economic Area ( EEA).
11. People who have two homes (one in Scotland and one abroad), and who are not UK state pensioners whose second home is in another EEA member state, must have been living in the UK lawfully for the six months preceding their claim and have a lawful right to remain, in order to be exempt from paying for NHS treatment and services. However, this will not apply if they are able to prove that they are giving up the second home and resuming permanent residence in Scotland.
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