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SMP and free prescriptions

Questions and discussions about claiming benefits while living and working in the UK

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Medo4444
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Posts: 13
Joined: Sat Jul 16, 2022 12:29 am
Bermuda

SMP and free prescriptions

Post by Medo4444 » Wed Aug 03, 2022 10:04 pm

Hi,

My wife is on a spouse visa and we are expecting. I understand that she is not entitled to public fund and was wondering if Statutory Maternity Pay and free NHS prescriptions during pregnancy are counted as such.

Thank you

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Ticktack
Respected Guru
Posts: 2138
Joined: Wed Mar 23, 2022 10:35 am

Re: SMP and free prescriptions

Post by Ticktack » Thu Aug 04, 2022 10:09 am

Medo4444 wrote:
Wed Aug 03, 2022 10:04 pm
Hi,

My wife is on a spouse visa and we are expecting. I understand that she is not entitled to public fund and was wondering if Statutory Maternity Pay and free NHS prescriptions during pregnancy are counted as such.

Thank you
Nope they are not.
No sin in failing, you just have to try and try again!

secret.simon
Moderator
Posts: 11019
Joined: Thu Feb 21, 2013 9:29 pm

Re: SMP and free prescriptions

Post by secret.simon » Thu Aug 04, 2022 1:37 pm

Neither the SMP nor free NHS prescriptions are "public funds" for immigration purposes.

But keep in mind that they may have other conditions/requirements. SMP, for instance, requires your wife to have been employed in the UK for a minimum period of time before the birth, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: SMP and free prescriptions

Post by JB007 » Thu Aug 04, 2022 6:47 pm

Your wife would have an Immigration Health Surcharge number with her valid spouse visa, which allows her to use the NHS the same as any resident British citizen can (except IVF, which isn't needed here).
https://www.gov.uk/guidance/nhs-entitle ... -surcharge

Medo4444
Newly Registered
Posts: 13
Joined: Sat Jul 16, 2022 12:29 am
Bermuda

Re: SMP and free prescriptions

Post by Medo4444 » Mon Aug 08, 2022 11:29 pm

Thank you everyone for your reply. It seems she is eligible for both. this visa business is a minefield.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: SMP and free prescriptions

Post by JB007 » Tue Aug 09, 2022 10:44 am

Medo4444 wrote:
Mon Aug 08, 2022 11:29 pm
..this visa business is a minefield.
You can find your answers on the gov.uk site; that's where we're getting it from.


SMP
Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Benefits to which a person is entitled as a result of National Insurance contributions include:

contribution-based jobseeker’s allowance
incapacity benefit
retirement pension
widow’s benefit and bereavement benefit
guardian’s allowance
statutory maternity pay
https://www.gov.uk/government/publicati ... blic-funds



NHS
When you can start to use the NHS

You can start using the National Health Service (NHS) when both:

you’ve paid the healthcare surcharge (or are exempt from paying it)
your visa or immigration application is granted

You’ll still need to pay for certain types of services, such as prescriptions, dental treatment, eye tests and assisted conception.

When you access healthcare in the UK, you may need to:

provide your biometric residence permit, if you have one
prove your status online using a share code, if you have a digital immigration status.
https://www.gov.uk/healthcare-immigration-application

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: SMP and free prescriptions

Post by JB007 » Tue Aug 09, 2022 11:14 am

Until your wife is granted ILR, she is a visitor for NHS purposes.
5.2 Payment of the health surcharge entitles the payer to relevant services on a similar
basis as someone who is ordinarily resident. They are entitled to relevant services
free at the point of use, including hospital care, with, from 21 August 2017, the
exception of assisted conception services (e.g. IVF) (see paragraph 5.17). They
must also pay for services for which a UK ordinary resident must also pay, such as
dentistry and prescriptions in England, unless they also meet the particular
exemption criteria of those services.
Page 38
Guidance on implementing the overseas visitor charging regulations
https://assets.publishing.service.gov.u ... y-2022.pdf

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