Healthcare post-Brexit - Page 3

Hi Ray,

Yes, I used the term "Trading agreement" to encompass everything we need to achieve before 31 December 2020, to ensure "business as usual" as far as possible.  I could have used "Future relationship", but I think that will be continually evolving, far beyond the transition deadline of 31 December 2020 😄

Kind regards, 

Kim

Dear Kimmy,

I suggest you read your 'NHS LETTER' again. It does NOT state that the S1 form will no longer be valid. As for pensioners requiring to join Convenio Especial - that is absolute scare-mongering.

==== Published GovUK Info ========

Healthcare in Spain after Brexit

The UK and Spain have each taken steps to ensure that people living in each country can continue to access healthcare as they do now until at least 31 December 2020. This means that if you are currently living in Spain and the UK currently pays for your healthcare, for example you are an S1 form holder, your healthcare access will remain the same after the UK leaves the EU until at least 31 December 2020.

The UK and Spain have each taken steps to ensure that people living in each country can continue to access healthcare as they do now until at least 31 December 2020. This means that your healthcare access will remain the same after 31 October 2019, whatever the Brexit scenario.

======<Personal info >========

During the Article 50 exit, all official publications can only be between the UK and the EU  - an agreement between the UK and an EU member state can not be published; it must wait until after Brexit. Spain is not under any such rules, so they have actually gone ahead and published their side of the agreement. The reciprocal agreement (with or without a deal) between UK and Spain was agreed over two years ago, (I was a member of the consulate team involved in this negociation) but can not be published until after Brexit. The pension and health care arrangements of UK nationals legally resident in Spain will continue as before.

The recently published UK Gov paper that stated that date is to reassure UK nationals living in the EU that coverage will not stop on Brexit date. The date qutoed is sufficiant time to allow the reciprocal arrangements between UK and a member state to then be published and take effect. The reciprocol arrangement between UK and Spain has already been agreed (see Spanish published Royal Decree) but can not be published BY THE  UK until after Brexit.

As per your response, the S1 will continue to be valid until 31st Dec 2020; the end of the transition period. As several posters have said, including Kim, it is not until after this the UK actually leaves the EU. At that point, if a deal is not agreed, no existing rights (FoM, healthcare, etc) will be valid. This includes S1 reciprocal healthcare.

Thanks Cookep1 and RayD, you saved me a job ;o)

As for CampoverdeVecinos' assertion that, "pensioners requiring to join Convenio Especial - that is absolute scare-mongering", what I actually wrote (in the context of people trying to decide whether to make the move to Spain) was, "I think it's important that they take into consideration the POSSIBILITY that they may have to pay for private healthcare for the rest of their lives (or join the Convenio Especial) if they move to Spain" and even this was in relation to the UK leaving the EU without a deal.

For someone who claims to have been "a member of the consulate team involved in this negociation" (sic), I'm surprised that CampoverdeVecinos doesn't appear to be aware that the Spanish legislation of March 2019, enshrining UK citizens' rights in Spain, included a caveat (Article two) that, should the UK not reciprocate, within 2 months, on a like for like basis for Spanish citizens living in the UK, Spain reserved the right to suspend their legislation.  Campoverde also appears to be oblivious to the El Páis article, that I have shared before, where Spain's Secretary of State for the EU, states: "Reciprocity is necessary. And reciprocity cannot be guaranteed in half-measures – it is either there, or it isn’t":

https://elpais.com/elpais/2019/09/23/inenglish/1569214269_989612.html

BoJo's government has still not reciprocated Spain's offer on a like for like basis.

Kind regards,

Kim

Thank you (Rayd and Kimmy) for your clarification. Im not going to pick your statements apart (most if which are legally true). I will simply repeat the point I was trying to clarify - The reciprocal agreement (with or without a deal) between UK and Spain was agreed over two years ago, but can not be legally published until after Brexit has happened. The pension and health care arrangements of UK nationals legally resident in Spain will continue as before.

I hope that you are right.

But will you underwrite the finances of any who take your advice, should it turn out to be incorrect ?

Do you have authoritative status on this matter ?

CamporvedeVecinos

There is  no evidence or fact to support your statement.  Just because you want something to be true it doesn't make it so.

UK residents in Spain need to be aware of the risks associated with healthcare.

The British government have no interest or care to support reciprocal healthcare.

The December 2017 Joint Technical Note did say:

Persons whose competent State is the UK and are in the EU27 on the specified date (and vice versa) – whether on a temporary stay or resident – continue to be eligible for healthcare reimbursement, including under the EHIC scheme, as long as that stay or residence position continues. 

Even at that time, any agreements made were tentative, and dependent on a full package being agreed.

Cor, that's a bit of an odd thing to say. 

Seems to me it's all advice on here. 

Sounds like you guys should pay an abogado, as oppose to asking if people can legally stand by their statements on here. 

Will you try sueing if the advice people give on here is wrong..... Jeese, chill out, or again, pay an abagado, or do your own homework, and sit smugly, knowing you know it. 😉 

Neither Kim, Ray, myself, or anyone else who has responded is smug, but if someone makes an assertion we believe to be wrong, then we're free to contest this. If we don't, then other members might get the wrong idea of the situation.

Nor do we need to pay an abogado. Very few of them are as au fait with the situation as we are.