For the past two years we have been telling our fellow European citizen State pensioners that their right to ‘health care’, when making temporary visits to other E.U. Member States’ is set at a higher level of care than for ‘active’ persons.
Active persons would include for example workers, self-employed and early retirees etc.

We relied upon Article 31 of E.U. Regulations 1408/71 as ratified by the European Court of Justice on 25 February 2003 in their adjudication of the case of IKA v. Ioannidis (Case C-326/00).
Their ‘inter alia’ judgement of the effect of Article 31 of 1408/71. ruled :-

“The right of pensioners staying in a State, other than that of their residence, to benefits in kind in that State, guaranteed by Article 31 of Regulation 1408/71 on social security schemes (as amended most recently by Council Regulations (EC) No. 3096/95). Was not reserved to situations where the illness which necessitated the treatment in question required immediate treatment or manifested itself suddenly during the stay, and was not subject to prior authorisation”
Click here to read their full adjudication.

Later in the same judgement the Court also ruled that these additional rights also covered any family dependant members of the State pensioner.

It must be pointed out however, that the Court drew the distinction between the above circumstances and where a citizen visited another Member State for the express purpose of seeking treatment. This is covered by Article 22(1) of 1408/71. In this instance a European citizen requires the consent of his State of residence and if granted then he/she will be issued with a form E.112.

In his response to a question from a reader of the Costa Blanca News, published in their ‘Letters Page’ on 3 March 2006, our Consul (in Alicante) Mr Russell Thomson was yet again wrong. Further, the Foreign and Commonwealth Office’s own website is also totally inaccurate in this regard. Mr.Thomson has consistently, throughout his tenure, refused to listen to persons, who have a greater knowledge, in these matters, than he is able to demonstrate.

It appears he much prefers to "make it up" as he strolls through the Embassy corridors. Simply not good enough Russell. British ExPats, here in the Valencian and Alicante provinces, both expect and yes DEMAND a much higher level of service than you currently provide to us.

An article published in the Costa Blanca News 1-7 August 2003, carried this front page headline. “NHS BAN ON OAP EXPATS” - six-month deadline abroad closes door on free healthcare. The above article, of course, ‘post dates’ the important ECJ adjudication referred to above. The content of the CBN article was totally inaccurate and misleading. However, our Association fully accept that this article was published, in good faith, by an Editor who was concerned over welfare provision for our State pensioners. He must therefore be forgiven for relying upon inaccurate information supplied by a Government agency in the United Kingdom. An agency which his newspaper should have been entitled to rely upon for the provision of accurate advice.

The Editor has now undertaken to issue a ‘recant’, thus acting in the best interest of the many ExPat State pensioners, who are not on the ‘Internet’. As an Association we say to him, “Thank you.”

Apart from sending this matter to the European Commission for Social Affairs, we have also written  to the U.K. government.

On 6 March 2006 we received a reply from Mr McConn, International Division, U.K. Department for Health. To sum up his response he said, “Yes you are right. Thank you for drawing this to my notice”. We have not published his entire letter of response, since much of the response was quite erroneous at this time. But he has agreed to withdraw the pamphlet NI 38 where on its page 44, it to, refers to cover for emergency or necessary treatment. For expedience we publish his final paragraph only. Click here to read.

In our reply we drew Mr.McConn’s attention to the fact that their will inevitably be, other leaflets and pamphlets that now need to be withdrawn, and other Government agencies who need to be more properly informed. We used the example of the ‘inaccurate’ information currently being issued from the ‘Department of Works and Pensions’ and the ‘Foreign and Commonwealth Office’ website. Click here to read our reply.

You will note to where we refer to the failure to properly identify one's level of entitlement on the EHIC, since the higher level of health care entitlement for minors of family members, cannot be determined from the EHIC card. Neither can the entitlement of a man age, who is aged say 59, where he is the dependant of his wife say aged 60 years, and where she qualifies for a State pension in her own right. Also remember that State retirement age varies across the European Union.

We have this matter presently before the Commission, since we have been told that the requirement to show E.111 or E.111+ has been dispensed with. This too will require proper addressing by the Commission.

So all you elderly citizens can now sit back and be comforted by the fact that should you chose to  visit your former E.U. member State homeland, the you will be fully protected against illness. This applies even  where you suffer from a pre-existing condition or an on-going condition. Any required treatment cannot be denied you, or delayed, upon the basis that you could wait until you return to your State of residence.

Please, please do not listen to Russell Thomson, when he sounds more like an insurance agent by advising you to take out private insurance when travelling to the U.K. Since private insurance will rarely, if ever, cover you against pre-existing conditions, or an ongoing illness. That is of course unless you had such a policy in force prior to such conditions. Mr Thomson's advice is therefore not only incorrect, not only very costly,  but totally unnecessary. Perhaps now he will start to actually read the various Directives and adjudications, pertaining to such matters, instead of guessing what the rules state. Of course to do that would take him precious time and that might, in turn, reduce the number of freebie functions he attends.

Please note we do not advise non pensioners against their taking out private medical insurance. In many cases for many expatriates, this is not only necessary, but may also be a wise precaution in certain circumstances. However the choice, where you are already enrolled under a National scheme, is one for you to make when having proper regard to your individual circumstances.

Prepared by:- David R.Burrage and Peter Woodall, your co-founders