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Government unveils proposals to restrict migrants access to health and housing

Summary

Consultations on restricting migrants access to the NHS and housing launched ahead of Immigration Bill aimed at making life more difficult for "illegal migrants"

By EIN
Date of Publication:

The government yesterday announced two consultations on restricting migrants access to the National Health Service and housing ahead of a new Immigration Bill.

The Minister of State for Immigration, Mark Harper, said that the aim of the new bill was to make it "more difficult for illegal migrants to live in the UK unlawfully".

In a written ministerial statement laid in the House of Commons, Harper said:

The forthcoming Immigration Bill will make it more difficult for illegal migrants to live in the UK unlawfully and ensure that legal migrants make a fair contribution to our key public services. I am launching two consultations to set out some proposals on how we will achieve this. Copies are available in the House Library and on the UK Border Agency website. Further proposals will be set out over the summer.

The first consultation is on proposals to better regulate migrant access to health services in the UK and will run for 8 weeks. We are responding to public concern that the current rules regulating non-EEA migrant access to publicly funded healthcare services are both overly generous, particularly when compared with wider international practice, and poorly applied. These current weaknesses result in the UK taxpayer unfairly bearing the healthcare costs of temporary non-EEA migrants, who will not make the same financial contribution to our healthcare systems as permanent residents over their working lives in the UK, and short-term visitors and illegal migrants who access free health services when they should be subject to treatment charges.

This consultation will run in parallel to a separate Department of Health consultation which analyses the vulnerabilities of the current charging regime for overseas visitors in England, and sets out a range of proposals for reforming the system, including through improved registering and tracking of chargeable patients.

The second consultation launched today concerns proposals to prohibit illegal migrants from renting accommodation in the UK and will run for 7 weeks. This forms part of the government's wider drive to prevent illegal migration, including by removing the means by which migrants can live in the UK unlawfully. Our intention to take action in this area was signalled by my Rt Hon Friend the Prime Minister in his speech on immigration on 25 March, and the inclusion of related measures in the forthcoming Immigration Bill was announced in the Queen's Speech on 8 May.

The consultation seeks views on the creation of a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal migrants having failed to conduct the necessary checks. The landlord checking proposal is modelled on the existing civil penalty scheme for employers of illegal migrant workers.

A press release by the Department of Health and the Home Office on gov.uk gave further details, saying:

Press release

Proposals to reform migrant access to health and housing unveiled

Organisations: Department of Health and Home Office
Published: 3 July 2013

The next step in cross-government plans to make it more difficult for illegal migrants to live in the UK unlawfully, and to ensure legal migrants make a fair contribution to our key public services, has been launched today.

Migrant contribution to healthcare

Currently, short term migrants coming to study or work with more than six months on their visas are likely to qualify for free hospital care as soon as they enter the UK. A charge would ensure that migrants contribute towards the cost of their healthcare while not increasing red tape and administration for NHS professionals.

The Government will consult on plans to introduce the levy as an upfront charge and whether private health insurance could be a good alternative. A levy could be paid at the time of applying for their visa or further stay for non EEA temporary residents who are allowed to stay for up to five years. Views will be sought on the level at which this levy should be set and how private insurance could play a role.

Better checks, tracking and charging in the NHS

We will consult on plans to make sure those who should pay for NHS services do so by working with doctors and others to get their views on a range of new initiatives.

The consultation proposes:

• stopping those visiting for less than six months from getting free access to GP surgeries by introducing charging, as currently used in hospitals; and

• a new registration and tracking system for chargeable visitors before they first join a GP surgery – possibly linked to the NHS number, alongside better checks to enforce charges for care in both hospitals and sustainable primary care.

The consultation aims to create a system that is fair for everyone without denying treatment to those whose health is in immediate danger or a risk to public health.

Proposals also include:

• improving the way the NHS claims back EEA visitors' treatment from their home countries; and

• giving expatriate UK citizens access to free NHS care after they have paid up to 10 years of National Insurance contributions.

It is unclear how widely migrants use the NHS and the true cost and impact they have. In order to gain a better understanding the Department of Health has commissioned an independent audit of use by visitors and temporary migrants that will run alongside the consultation and report back in September.

Landlord checks to tackle illegal migration

We will introduce a requirement for landlords to check the immigration status of tenants. The checks will be simple and light touch but enable enforcement officers to take additional action against rogue landlords by introducing a penalty for those who break the rules.

The changes will benefit communities blighted by unlawful structures, so-called 'beds in sheds', and overcrowded houses that can bring social problems and costs to local communities.

They will be modelled closely on existing controls for the employment of illegal workers, which are well established and have operated successfully for the last five years.

The government proposes a graduated enforcement approach - with proportionate penalties for those landlords who make a single honest mistake, and much heavier penalties, up to £3,000 per tenant, for rogue landlords who repeatedly and deliberately break the law. The Home Office also plans to offer landlords support in checking documents through an enquiry service.

Health Secretary Jeremy Hunt said:

We are clear that the NHS is a national health service not an international health service and I am determined to cut out abuse in the system.

We need to ensure that those residing in or visiting the UK are contributing to the system, but we want work to implement a system that limits red tape and administration for NHS professionals.

The NHS is a national treasure and we need to work with the entire health system to develop plans and make sure it is sustainable for years to come.

Immigration Minister Mark Harper said:

The government is determined to build a fairer system and to address the public's concern about immigration. The proposals will form part of the Immigration Bill, to be introduced later this year, which will tighten immigration law, strengthen our enforcement powers and clamp down on those from overseas who try to abuse our public services.

By reducing access to free NHS care and rented accommodation for illegal migrants, we will make it more difficult for them to stay in the country leading to more returns and removals.

This Bill is the next step in the radical reform of the immigration system which has led to a reduction in net migration - now at its lowest level for a decade.

Background

1.The government will publish three consultations today seeking views on these proposals:

a. The Department of Health is issuing the consultation "Sustaining Services, ensuring fairness: A consultation on migrant access and financial contribution to NHS provision in England." It can be found here

b. The Home Office is issuing two consultations: "Migrant Access to Health Services in the UK" and " Tackling illegal migration in privately rented accommodation" both can be found here

2. For further details contact the Department of Health press office on 020 7210 5010 or the Home Office on 020 7035 3535.

The Refugee Council warned that the proposals would further marginalise their most vulnerable clients.

Maurice Wren, Chief Executive of the Refugee Council, said: "These proposals will affect our most vulnerable clients, refused asylum seekers who are often destitute, unable or too scared to return to their home countries."

"Depriving people of healthcare doesn't make health problems go away. Restricting access to one part of the health service is simply likely to result in a higher use of more costly emergency provision later on."

"Every time rules are changed people are wrongly refused with devastating results for their health and well being."

"The proposals will also create further barriers for pregnant asylum seeking women accessing maternity care. This is particularly concerning as this group have a much higher maternal mortality rate than other women in the UK."