The report below is based on correspondence between Nick Griffin’s Constituency office and a concerned member of the public. This person wrote in to ask why a British national who is resident in Spain is not allowed to use the Spanish National Health system until he turns 65, even though he has paid full National Health contributions. 

This citizen is concerned that Spain is contravening rights concerning free movement within Europe, and has urged the MEPs to take this issue up in Brussels.

Replying on Nick Griffin, MEP’s behalf, his outreach manager replied, “You raise a salient point in terms of the apparent inequality in health care entitlement for British expatriates living in Spain. It would appear that expats permanently resident in Spain - who are not in employment, self-employment or retirement - fall through the net of both the Spanish and the British National Health systems. This particular group is not entitled to receive National Health care in either country so, as you rightly point out, find themselves in provision limbo.”

Further research by Nick’s outreach office has discovered that according to the European Commission's 'Your Europe' information website for European citizens, "the country responsible for health care depends on a person’s employment situation or their place of residence, not their nationality."

The NHS is a residence-based healthcare system. Therefore, once someone has moved permanently away from the UK, they are no longer entitled to medical treatment under normal NHS rules.

If a British citizen moves to a European Economic Area (EEA) country to live but not work and do not receive a UK benefit, they may be eligible for up to two-and-a-half years of state healthcare, paid for by the UK.

The S1 (or E106) will entitle them to treatment on the same basis as a resident of the country they have moved to.  This may mean that the person might need to make a patient contribution toward the cost of their care.

When the cover on the S1 (or E106) expires, however, the person will not be able to get any further medical cover from the UK until they are eligible to receive a UK state pension.

It is up to the country's authorities to decide whether someone is eligible to join their national health care scheme.

Nick’s office went on to speak about standardisation. “While European standardisation may seem desirable in theory (in terms of simplifying overseas travel and especially if you wish to live abroad), drawing together the disparate socio-economic systems of 27 nation states into one supposedly homogeneous whole is wholly impractical.

“In Mr Griffin's view it is, moreover, undesirable because to achieve a seamless single market would require the eradication of the cultural and historical diversity that gives each country its precious national character.”

As a British National Party MEP, Mr Griffin does not consider the imposed equalisation of health care services on EU Member States to be desirable. He believes that governments should be free to govern, without interference from the European Union and those policy areas such as health and social care should remain the responsibility of national government."

Mr Griffin’s constituency outreach office manager further stated:  

“If the Spanish Government concludes that it cannot afford the burden of health care cover for newcomers to their country, then it is their prerogative to introduce policies which prevent what they perceive to be foreigners freeloading on their (finite) national resource.

It is, of course, unfortunate that some expatriates may have to pay a contribution to receive the same service as a Spanish national, but the first duty of the Spanish Government is towards the welfare of its own people.”

Britain currently offers free health care to anyone with domicile status in the country (at an estimated cost of £200 million annually) whether or not they contribute to the economy. If the UK were to protect its national interest by requiring economic contributions from non-British nationals in return for free NHS care, in line with the rest of Europe, then it could afford to fund healthcare provision for British expatriates in Spain for more than the two-and-a-half years it presently offers.

Notwithstanding such glaringly obvious reasoning, we are members of the European Union at present. The EU provides various mechanisms for ‘European citizens’ to raise queries concerning their rights within the EU.”

Nick's constituency office wrote to the Europe Direct Contact Centre, a service which offers information on a range of subjects to raise these questions.  She asked the following questions:

Can you please explain why British expatriates permanently resident in Spain, under state pension age, are not entitled to free care within the Spanish National Health System - even though NHS contributions have been paid in the UK? 

Is the Spanish Government contravening the right of British expatriates as European citizens to free movement within Europe by not providing them (i.e.those not in employment; self-employment or retirement) with state healthcare?

Is it fair, also, that such expatriates are not entitled to National Health care in Spain nor to National Health care in the UK? 

Finally, is the denial of equal access to Spanish National health care to this particular group of British expatriates an issue that the European Commission intends to rectify?

Nick's office expects to hear from Europe Direct shortly and we will update this story with further information when it is available.