Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

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PART 3

Reimbursement of Medical Expenses

Definitions and application (Part 3)

6. (1) In this Part—

“British citizen” means a citizen of the United Kingdom of Great Britain and Northern Ireland;

“eligible person” means—

(a) an Irish citizen who is ordinarily resident in Northern Ireland,

(b) a British citizen who is ordinarily resident in Northern Ireland, or

(c) a citizen of a Member State who is ordinarily resident in Northern Ireland,

but does not include a person who is ordinarily resident in Northern Ireland who—

(i) holds, or is entitled to hold, a European Health Insurance Card or an equivalent document issued by a Member State, or

(ii) holds, or is entitled to hold, a document equivalent to the European Health Insurance Card issued by the United Kingdom, or is otherwise entitled to reimbursement by the United Kingdom of medical expenses in respect of necessary medical treatment incurred in a Member State after the end of the transition period (whether in accordance with the Withdrawal Agreement or otherwise);

“European Health Insurance Card” means the card issued in the State by the Executive and known as the European Health Insurance Card;

“Executive” means the Health Service Executive;

“medical expenses” means the cost of medical care, and products and services ancillary to that care, that are incurred by an eligible person in respect of necessary medical treatment;

“Member State” means—

(a) a Member State of the European Union, other than the State,

(b) not being such a Member State, a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993, and

(c) Switzerland;

“Minister” means the Minister for Health;

“necessary medical treatment” means, in relation to an eligible person, the treatment that becomes medically necessary and which the person would be entitled to receive during a temporary stay in a Member State pursuant to a European Health Insurance Card were he or she the holder of, or entitled to, such card;

“prescribed” means prescribed by regulations under section 8;

“transition period” means the transition period provided in Article 126 of the Withdrawal Agreement;

“United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man;

“Withdrawal Agreement” means the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Agency Community⁴ .

(2) This Part applies to medical expenses incurred on or after the date on which section 7 comes into operation.

⁴ OJ No. CI 384, 12.11.2019, p.1