Podcast Location:
Download it here [file size: 29.8 MB]
Categories:
Human Rights, Civil Liberties & Public Law
Immigration and Asylum Law
Governance & Service Provision
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in public law and human rights issues, asylum law as well as those advising public healthcare bodies about their obligations. It explores the recent case law and official guidance on the entitlement of failed asylum seekers to free NHS treatment. It aims to set out the position for primary treatment (GPs) and secondary treatment (hospital referrals) as well as the continuing challenges experienced by practitioners in this dynamic corner of the law.

Outcomes:
After completing the course you will:
  • Understand who is entitled to free NHS hospital treatment;
  • Understand who can be charged for NHS treatment;
  • Understand the importance of a person’s residence in the UK for free treatment;
  • Understand the circumstances under which a hospital can refuse treatment;
  • Understand the rules governing the qualification for primary healthcare treatment;
  • Understand the issues in recent case law and how these issues have been resolved;
  • Be aware of the continuing difficulties to be experienced by healthcare professionals and those seeking treatment caused by the absence of detailed and consistent rules.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • National Health Service Act 2006;
  • National Health Service (Charges to Overseas Visitors) Regulations 1989;
  • Shah v Barnet Borough Council [1983];
  • R (on the application of A) v Secretary of State for Health [2009] EWCA Civ 225;
  • R (on the application of A) v Secretary of State for Health and West Middlesex University Hospital NHS Trust (Interested Party) [2008] EWCH 855 (Admin);
  • Szoma v Secretary of State for the Department of work and Pensions [2005] UKHL 64.
Tags:

This podcast explores the case law and official guidance on the entitlement of failed asylum seekers to the UK to obtain free secondary and primary healthcare for free on the NHS. It explores recent case law and the continuing challenges for practitioners in this area.

Podcast added: 18/06/12

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