Seeking Refuge? - Rights of Women

The decision of R(YA) does not affect your ability
to seek treatment from your local GP (General
Practitioner). Everyone can get treatment from a
GP, regardless of their immigration status
(whether they are an asylum-seeker or refused
asylum-seeker).
In R(YA) the Court of Appeal heard a case on the
rights of refused asylum-seekers to receive health
care and decided that refused asylum-seekers
were not ordinarily resident in the UK. Under the
National Health Service Act 2006, regulations
have been made that allow those who are not
ordinarily resident in the UK to be charged for
some NHS services 32 .
There are, however, no charges for the following
NHS services:
• treatment given in an Accident and
Emergency Department (sometimes called
“A and E”);
• family planning services (for example advice
or assistance with contraception);
• treatment for certain diseases. TB is a disease
for which treatment will be provided free of
charge, HIV is not.
In the case of R(YA) the Court of Appeal decided
that NHS trusts have the discretion (an ability or
power) to provide a refused asylum applicant with
treatment free of charge.
The decision on whether to provide a refused
asylum applicant treatment will depend on the
following:
• Whether you can pay for the treatment (the
Court of Appeal accepted that it was unlikely
that refused asylum-seekers would be able to
pay for treatment).
• How urgent it is for you to receive treatment.
• How long you are likely to be in the UK.
• Your situation, if you are not able to return to
your country (because, for example, you cannot
travel for a medical reason, or it is not possible
to return you because you cannot get the
documentation you need).
The Department of Health has written to NHS
Trusts in England following the judgement in
R(YA) stating:
• Immediately necessary treatment, including all
maternity treatment, must never be withheld
for any reason.
• Urgent treatment should not be cancelled or
delayed. Urgent treatment is treatment that a
clinician (for example a doctor or other medical
professional) thinks cannot wait for you to
return home to receive.
• A refused asylum-seeker who has been given
treatment free of charge between 11th April
2008 and 30th March 2009 must not be
charged for that treatment.
• A refused asylum-seeker who is undergoing a
course of treatment should not have that
treatment interrupted or be asked to pay for it.
Their treatment should continue until it has
finished, or they leave the country.
• The factors identified by the Court of Appeal
and set out above should be considered before
a decision is made to charge for treatment.
• Anyone who is identified by either the UK
Human Trafficking Centre or the UK Border
Agency as a victim or suspected victim of
trafficking must not be charged for NHS
treatment.
This decision may be appealed, so it is vital that
you get up-to-date legal advice on your situation.
If you are receiving section 4 support, you can
apply for an HC2 certificate by completing form
HC1. An HC2 certificate is a document which
allows you to get:
• free NHS prescriptions;
• free NHS dental treatment;
• free NHS wigs and fabric supports;
• free NHS eyesight tests;
• vouchers towards the cost of spectacles;and
• refunds of travel costs necessary in getting to
and from hospital for NHS treatment under the
care of a consultant (a consultant is a doctor
with expertise in a particular area. Your GP can
refer you to see a consultant).
The decision on whether or not you are entitled to
an HC2 certificate depends on your income, not
your immigration status. For further information
on this see here:
www.dh.gov.uk/en/Healthcare/Medicinespharmac
yandindustry/Prescriptions/NHScosts/DH_4049391
Your local One Stop Service can help you
complete the form.
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