SMP and free prescriptions

[Medo4444]

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

[Ticktack]

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.

[secret.simon]

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.

[JB007]

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]

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

[JB007]

..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]

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