Pre-settled status and NHS entitlement

I have been in the UK for almost 9 years on different types of visas (Tier 4, Tier 2 and EEA RC). I currently have a resident card as an extended family member of an EEA citizen (issued July 2017) and got pre-settled status on Feb 2019.

I have recently moved to a new house and decided to register to the GP. However, I noticed that the "family doctor services registration" form (GMS1) has a section called supplementary questions "patient declaration for all patients who are not ordinary residents in the UK". I never encountered this section before (last time I registered to a GP was back in 2016). This section says that if I am not an "ordinary resident" in the UK I may need to pay for NHS treatment outside of the GP practice" (i.e. secondary care?). It further says that "an ordinary resident broadly means living lawfully in the UK on a properly settled basis for the time being. In most cases, nationals outside the EEA must also have the status of indefinite to remain in the UK". Would that mean that because I do not have indefinite leave to remain yet I need to pay extra to get access to secondary care (such as a specialist)? I have private health insurance from my job but I have not used it yet so I really do not know how this can affect or benefit me.

Any extra information/advice is welcome.

Thank you!

You are overthinking. Ordinarily resident means living here on any visa or residence permit that is NOT a visitor visa.

You are entitled to free NHS!!

Actually, the OP is right to ask the question, as it is a grey area.

In order to meet the "Ordinary residence" test, non-EEA citizens are required to either have ILR or have paid the IHS. As non-EEA citizens with pre-settled status do not pay IHS, this is a grey area.

NHS Ordinary Residence Tool

However, Page 29 of the Guidance on implementing the overseas visitor charging regulations does clarify that non-EEA citizens related to an EEA citizen does not require to have ILR to meet the ordimnary residence test, though I disagree with the relatively relaxed definition they have of what "being subject to immigration control" means.

Guidance on implementing the overseas visitor charging regulations wrote:Q: Can a non-EEA national without ILR be ordinarily resident in the UK?
A: A non-EEA national without ILR can only pass the ordinary residence test if they are not subject to immigration control, e.g. they are diplomat posted to the UK, or have a right of residence here by virtue of their relationship with an EEA national who is resident here.

Page 26 onwards in that document gives a detailed explanation of the concept of "ordinary residence" in English law. The rules in the other nations of the UK are different.

Thank you secret_simon!

As you mentioned, this is quite a grey area as I could not find a straight answer, hence my question.

I also found the following here (https://www.gov.uk/settled-status-eu-ci ... atus-means)

Your rights with settled or pre-settled status
You’ll be able to:

work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you’re eligible for them
travel in and out of the UK

However, it is not clear whether there is a distinction between primary and secondary care.