Ordinarily Resident Status
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Ordinarily Resident Status
Ordinarily resident status is a concept in the law of the United Kingdom which affects entitlement to the National Health Service. It formerly affected taxation, but the concept of ordinary residence was abolished for the purposes of tax years 2013/14 onwards. Related concepts Indefinite leave to remain and Right of abode are related concepts in immigration law. A person who is a British Citizen is not necessarily an ordinary resident in the UK. The policy relates to the Home Office hostile environment policy. Guidance The official guidance issued to the NHS states: ''A person is ordinarily resident if they are normally residing in the UK (apart from temporary or occasional absences), and their residence here has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being, whether for short or long duration.'' The Guidance on implementing the overseas visitor hospital charging regulations 2015 extends to 131 pages, with a fu ...
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National Health Service
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the "NHS" name ( NHS England, NHS Scotland and NHS Wales). Health and Social Care in Northern Ireland was created separately and is often locally referred to as "the NHS". The four systems were established in 1948 as part of major social reforms following the Second World War. The founding principles were that services should be comprehensive, universal and free at the point of delivery—a health service based on clinical need, not ability to pay. Each service provides a comprehensive range of health services, free at the point of use for people ordinarily resident in the United Kingdom apart from dental treatment and optical care. In England, NHS patients have to pay prescription charges; some, such as those aged over 60 and certain state ben ...
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Indefinite Leave To Remain
Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE). A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode). A person with indefinite leave to remain is eligible for access to public funds and welfare in the UK. Indefinite leave is not a permanent status. It can lapse where the holder has stayed outside the United Kingdom for a continuous period of two years and one day or more. Settled status is central to British nationality law, as the most usual route t ...
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Right Of Abode (United Kingdom)
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen. The right of abode is the most common immigration status in the UK due to its association with British citizenship. However, it should not be confused with the indefinite leave to remain (ILR), another form of long-term residency status in the UK which is more comparable to other countries' permanent residence status. Rights and privileges of the right of abode All individuals who have the right of abode in the UK (regardless of whether they are a British citizen, British subject or Commonwealth citizen) enjoy ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring Indefinite leave to remain, settled status. British nationals associated with a current British Overseas Territories, British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an ...
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Home Office Hostile Environment Policy
The UK Home Office hostile environment policy is a set of administrative and legislative measures designed to make staying in the United Kingdom as difficult as possible for people without leave to remain, in the hope that they may " voluntarily leave". The Home Office policy was first announced in 2012 under the Conservative-Liberal Democrat coalition. The policy was widely seen as being part of a strategy of reducing UK immigration figures to the levels promised in the 2010 Conservative Party Election Manifesto. The policy has been cited as one of the harshest immigration policies in the history of the United Kingdom, and has been widely criticised as inhumane, ineffective, and unlawful. The United Nations Human Rights Council has stated that the policy has fostered xenophobia within the UK, while the Equality and Human Rights Commission has found that the policy broke equalities law. It has notably led to significant issues with the Windrush generation and other Commonweal ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Residency (domicile)
Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent. As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is. In some common-law countries, such as Australia and New Zealand, the concept of domicile has been subject to statutory ...
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National Audit Office (United Kingdom)
The National Audit Office (NAO) is an independent Parliamentary body in the United Kingdom which is responsible for auditing central government departments, government agencies and non-departmental public bodies. The NAO also carries out value for money (VFM) audits into the administration of public policy. Function The NAO is the auditor of bodies funded directly by the Parliament of the United Kingdom. The NAO reports to the Comptroller and Auditor General who is an officer of the House of Commons of the Parliament of the United Kingdom and in turn reports to the Public Accounts Commission, a statutory body established under section 2 of the National Audit Act 1983. The reports produced by the NAO are reviewed by the Public Accounts Committee, a select committee of the House of Commons, and in some cases investigated further. The NAO has two main streams of work: Financial Audits and Value For Money (VFM) audits. The NAO's financial audits give assurance over three aspe ...
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Royal Marsden Hospital
The Royal Marsden Hospital (RM) is a specialist cancer treatment hospital in London based in Kensington and Chelsea, next to the Royal Brompton Hospital, in Fulham Road with a second site in Belmont, close to Sutton Hospital, High Down and Downview Prisons. It is managed by the Royal Marsden NHS Foundation Trust. History Canon Row The Royal Marsden was the first hospital in the world dedicated to the study and treatment of cancer. It was founded as the Free Cancer Hospital in 1851 by William Marsden at 1, Cannon Row, Westminster. Marsden, deeply affected by the death of his wife Elizabeth Ann from cancer, resolved to classify tumours, research the causes and find new treatments. The hospital at first consisted solely of a dispensary and the drugs prescribed were palliative and aimed at treating symptoms, but it allowed William Marsden the opportunity to study and research the disease. The hospital quickly outgrew its original premises as it became apparent that some p ...
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Prescription Charges
Charges for prescriptions for medicines and some medical appliances are payable by adults in England under the age of 60. However, people may be exempt from charges in various exemption categories. Charges were abolished by NHS Wales in 2007, Health and Social Care in Northern Ireland in 2010 and by NHS Scotland in 2011. In 2010/11, in England, £450million was raised through these charges, some 0.5% of the total NHS budget. In April 2021 the charge was raised to £9.35 for up to a three-month supply of each item. In 2022, for the first time since 2010, the charge was not increased. History When the National Health Service was established in 1948 all prescriptions were free. The power to make a charge was introduced in the NHS Amendment Act 1949 under pressure from Chancellor of the Exchequer Stafford Cripps, but Minister of Health Aneurin Bevan managed to block their implementation by threatening to resign. In 1951 Cripps's successor Hugh Gaitskell and Foreign Secretary Herb ...
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Immigration Health Surcharge
The immigration health surcharge was introduced by the Cameron–Clegg coalition by the Immigration (Health Charge) Order 2015, made under the provisions of the Immigration Act 2014, to deal with the issue of medical tourism involving the NHS in England. Once the surcharge is paid people are entitled to use the NHS in a similar way to UK residents. Extent of abuse It is alleged that health tourists in the UK often target the NHS for its free-at-the-point-of-care treatment, allegedly costing the NHS up to £200 million. A study in 2013 showed that the UK was a net importer of medical tourists in ten of the eleven years between 2000 and 2010. In the summer of 2015 immigration officers worked with staff in St George's University Hospitals NHS Foundation Trust to train staff "to make savings by better identifying overseas, chargeable patients". In October 2016 the trust claimed "that individuals are currently offering paid assistance to women in Nigeria to have their babies for f ...
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