why do I have to pay for my baby's NHS treatment?

[kingnew]

Dear Guru/anyone who can help,

My baby was born in the UK and stay in the special care unit for two weeks, I have been billed for £7000.00

As I am holding ILR visa, baby was born as a British.

Baby's mum hold a visitor visa at the time, we paid for the labor, we get married after the baby was born.

the reason of this charge, according to hospital is that baby is not an 'Ordinary resident', who is not entitled for NHS exemption.

hospital asked me to provide the evident of 'baby is an ordinary resident' , but never specify what document are they.

I am paying 100 pound per month towards to the charge at the moment. i appreciate whoever could give me some suggestion about the case, thank you for the viewing.

Kim

[Casa]

Have you registered your child as British?
'If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).'

[Amber]

The child will not need to be registered as British if the child was born after you were granted ILR, the child in such case, would be British automatically section 1(1)(b) BNA.

You should dispute the NH!s charges, write to them/talk to the trust's charging department.

[Casa]

Although not mandatory, I thought it might help them dispute the charges as the parents weren't married at the time of the birth and although the father has ILR the mother is on a visitor visa.

[kingnew]

Have you registered your child as British?
'If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).'

thank you very much for the suggestion.
I applied the passport after baby was born, and shew the passport to hospital as well, they insist my baby is not 'ordinary resident', that is why i have to pay.

[kingnew]

The child will not need to be registered as British if the child was born after you were granted ILR, the child in such case, would be British automatically section 1(1)(b) BNA.

You should dispute the NH!s charges, write to them/talk to the trust's charging department.

I did talk to the charging department, but they said they only listen to the overseas department decision. there is only one woman in that department and make the decision on her own. at the beginning, when she told me to pay for it, I said the baby is British, so she is entitled for the free treatment. she said:'no, she is not british, I said I will show you the passport to prove it. she said: I dont know where can you get the passport, but she is not british, the lady is quite rude on the phone, she thought i am a lier.

once I got the passport done and show to her, then she said, even she is a british, but still need to pay, because she is not qualified for the so called [ordinary resident]

[kingnew]

Although not mandatory, I thought it might help them dispute the charges as the parents weren't married at the time of the birth and although the father has ILR the mother is on a visitor visa.

yes, we didnt marry at the time, but the reason is that, after we registered for the marriage, on the interview day, they told me, we need to have an interpretor, because my wife doesnt speak english. if they told us in advance, we would prepare for that. then we were busying on the examination etc, we registered marriage after the baby was born.

[Amber]

I suggest you contact the NHS commissioning board on 0300 311 22 33. You need to write to them and get a response in writing in order to move forward with the complaint. See also, R (ota Cornwall) v SoS for Health [2012] EWHC 3739 and Re D (Care Order: Designated local authority) [2012] EWCA Civ 627. The baby’s ordinary residence should follow the mother’s.

[vinny]

...But the mother is a visitor?

[armleys]

If one of the following applies to you then you will be exempt from charges for all of your NHS hospital treatment, except any statutory charges such as prescriptions.
Anyone who has lived lawfully in the UK for the 12 months prior to treatment. An absence of up to 182 days is allowed but you must have had immigration permission to be in the UK for the full 12 months
Anyone taking up, or resuming, permanent residence in the UK. You must have the right to live here permanently, or a route to settlement allowing permanent residence in time. You may be asked to show how you emigrated to the UK
Anyone who is working in the UK for a UK-based employer or who is self-employed in the UK. This does not include people looking for work
Any full-time student attending either a course of at least six months' duration, or a course substantially funded by the UK government
Any volunteer with a voluntary organisation providing services similar to health or social services
Diplomatic staff posted to the UK
Serving NATO personnel
Anyone who receives a UK war pension, war widows pension or armed forces compensation scheme payment
Former UK residents of 10 continuous years or more who are now working abroad (including self employed people) for not more than five years
Anyone given refugee status in the UK
Those seeking asylum or humanitarian protection, until their applications, including appeals, are decided
Failed asylum seekers receiving section 4 or section 95 UK Border Agency support
Children in the care of the local authority
Anyone who is detained in prison or by the Immigration Authorities in the UK
Anyone employed on a ship or vessel registered in the UK
The spouse or civil partner and any children (under 16) of anyone who is exempt under the above criteria, but only if accompanying the exempt person on a permanent basis
If one of the following applies to you, then not only will you be exempt from charges for all of your NHS hospital treatment, but your spouse/civil partner/dependent children will also be exempt from charges in their own right. This means you, as the principal exempt family member, do not have to be in the UK with them at the time of their treatment, nor do they have to have been with you in the UK permanently.
Members of Her Majesty’s UK armed forces
UK civil servants or British Council/Commonwealth War Graves Commission staff recruited in the UK, or anyone in a post overseas that is financed in part by the UK government in agreement with another government or public body
Missionaries acting overseas for an organisation principally based in the UK
Those who have been formally identified, or suspected as being, a victim of human trafficking

Source: http://www.nhs.uk/NHSEngland/AboutNHSse ... vices.aspx

[Amber]

Sorry Vinny. I'm clearly having a silly moment I read that the OP was the Mother so didn't read the rest carefully.

[kingnew]

I suggest you contact the NHS commissioning board on 0300 311 22 33. You need to write to them and get a response in writing in order to move forward with the complaint. See also, R (ota Cornwall) v SoS for Health [2012] EWHC 3739 and Re D (Care Order: Designated local authority) [2012] EWCA Civ 627. The baby’s ordinary residence should follow the mother’s.

thank you. In this case, we have to pay for it? at the time, mother is a visitor.

[kingnew]

If one of the following applies to you then you will be exempt from charges for all of your NHS hospital treatment, except any statutory charges such as prescriptions.
Anyone who has lived lawfully in the UK for the 12 months prior to treatment. An absence of up to 182 days is allowed but you must have had immigration permission to be in the UK for the full 12 months
Anyone taking up, or resuming, permanent residence in the UK. You must have the right to live here permanently, or a route to settlement allowing permanent residence in time. You may be asked to show how you emigrated to the UK
Anyone who is working in the UK for a UK-based employer or who is self-employed in the UK. This does not include people looking for work
Any full-time student attending either a course of at least six months' duration, or a course substantially funded by the UK government
Any volunteer with a voluntary organisation providing services similar to health or social services
Diplomatic staff posted to the UK
Serving NATO personnel
Anyone who receives a UK war pension, war widows pension or armed forces compensation scheme payment
Former UK residents of 10 continuous years or more who are now working abroad (including self employed people) for not more than five years
Anyone given refugee status in the UK
Those seeking asylum or humanitarian protection, until their applications, including appeals, are decided
Failed asylum seekers receiving section 4 or section 95 UK Border Agency support
Children in the care of the local authority
Anyone who is detained in prison or by the Immigration Authorities in the UK
Anyone employed on a ship or vessel registered in the UK
The spouse or civil partner and any children (under 16) of anyone who is exempt under the above criteria, but only if accompanying the exempt person on a permanent basis
If one of the following applies to you, then not only will you be exempt from charges for all of your NHS hospital treatment, but your spouse/civil partner/dependent children will also be exempt from charges in their own right. This means you, as the principal exempt family member, do not have to be in the UK with them at the time of their treatment, nor do they have to have been with you in the UK permanently.
Members of Her Majesty’s UK armed forces
UK civil servants or British Council/Commonwealth War Graves Commission staff recruited in the UK, or anyone in a post overseas that is financed in part by the UK government in agreement with another government or public body
Missionaries acting overseas for an organisation principally based in the UK
Those who have been formally identified, or suspected as being, a victim of human trafficking

Source: http://www.nhs.uk/NHSEngland/AboutNHSse ... vices.aspx

Armleys , thank you very much for the infromation.

I have read this before, but it doesnt say anything about the new born baby, does it mean that baby has to stay for 12 months first, then claim for exemption of nhs accroding to the first rule?

[Brigid from Ireland]

You are exempt as you meet the condition: 'Anyone who has lived lawfully in the UK for the 12 months prior to treatment. An absence of up to 182 days is allowed but you must have had immigration permission to be in the UK for the full 12 months'.

The child is exempt because the child is 'The spouse or civil partner and any children (under 16) of anyone who is exempt under the above criteria, but only if accompanying the exempt person on a permanent basis '

Your spouse is exempt from the date of marriage.

The rule requires that you intend for the child to stay with you in the UK on a permanent basis, so you should always say that the child will stay in the UK for all of the childhood. (This can be changed at a later date, it is your intention now that counts, and your intention at present is for the child to stay in UK for all of childhood).

You need to conduct your business with the NHS in writing only in future, get decisions in writing only and then appeal if the decision does not suit you.

The residence of a child is that of EITHER parent, whichever grants the necessary right. UK cannot discriminate and give greater right to child of one gender - if they can get the right from either father or mother, they are entitled to it.

[Casa]

Brigid, are you sure? The mother wasn't legally resident in the UK for 12 months prior to treatment as a visitor visa only permits a 6 month stay.

[Brigid from Ireland]

99% sure, but I will admit that I am more familiar with Ireland. I am something of an expert on access to medical care for people with long term illnesses, and where to go (depending on the nature of the illness) to access the best medicines/personal care/low cost or free hospital care/ subsidised accommodation.... Some countries make you pay for things that are free in other countries, so if you have a particular medical need this may be the deciding factor when you choose where to live. Some countries offer a significantly higher life expectancy/quality of life, if you have certain conditions, so this influences where you re-locate to, as a migrant worker.

The mother had no rights as she was not eligible in her own right at the time of birth and was not married at that time. So the cost of labour, which is her medical care, must be paid for.

The baby has no rights through the mother.

But the baby has rights through the father, in my opinion.

I am more familiar with Ireland - in Ireland if either parent is considered habitually or ordinarily resident, then the child also qualifies, regardless of the position of the second parent. In other words, the child can take the right if either parent has the right. Ordinary residence of a child is with the parent (either parent).

The case might be more difficult if the child was born abroad and brought to the UK, but you could still win in that event, it would just require better ability to write a letter and state the case clearly.

The only real difficulty I see is that the parent is paying the bill, and this seems to suggest acceptance on their part that the child has no such right. They could lose on this point, so if there is no proof as to which parent is paying the bill then it should be stated that the wife has been paying and the husband has only now realised she was paying a bill that was not a proper bill, as his child is entitled to free care on the basis of being the child of the father and he is requesting that the money his wife spent on the bill be refunded to her, as the child is eligible for free care on the basis of being his child. If the mother has limited English/limited education this should be stated in the request for a refund, as it would make the case stronger that she did not understand the bill.

For future reference, if any woman is expecting a baby and would be required to pay fees where she lives, Ireland gives free medical care to all women in labour (no cost at all). Baby is also covered free for care after birth. Irish maternity hospitals do appreciate it if you book in advance, but they won't refuse treatment or charge a fee if you just turn up in labour (this was quite a common practice a few years ago). If either parent is a UK citizen, then Irish citizenship for the child is also added, free of charge also.

[Casa]

Thank you for your help with this Brigid. It's much appreciated.

[Amber]

See also Entitlement to free NHS maternity care for women from abroad (click)

You do not need to show that you are
‘settled’ if you or your husband or same sex
partner:
Have claimed asylum and are waiting
for a decision
Have been granted refugee status
Are taking up permanent residence in
the UK

[theprideofpak]

I think you should contact citizen advice buerue and you should contact solicitor about this. If the solicitor says your case is strong then go to the court. £7000 is a lot of money. The lady you spoke to, is not going to bother what you say. I think you should send the photocopies of childs passport along with NHS letter that the baby is British. Anything in writing is official. Phone conversation is not.