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Coverage

Medical billing

United Kingdom — NHS charging, overseas visitor invoices and private healthcare

NationalGBDerived or secondary source

United Kingdom

Rule id
medical.gb
Version
1.0.0
In force from
April 6, 2015
Last read against its sources
August 5, 2026
Countries bound
United Kingdom

In plain language

What this regime says.

NHS care is free at the point of use by statute. Charges are only lawful where an enactment expressly allows them, and the main one — the Overseas Visitor Charging Regulations — applies only to people who are not ordinarily resident in the UK. Private care is a consumer contract governed by the Consumer Rights Act.

Who is covered

Anyone treated in the United Kingdom, and anyone paying for care here.

What you get

Withdrawal of a charge that should not have been made; NHS funding of a whole care package where a primary health need is established; and a reasonable price for private care where no price was agreed.

Where claims go wrong

  • Paying an overseas visitor invoice to avoid trouble with immigration, without first checking ordinary residence.
  • Paying care home fees for years without ever asking for an NHS Continuing Healthcare assessment.
  • Agreeing to private treatment without a written fee schedule from the consultant and from the hospital, which are usually separate bills.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. National Health Service Act 2006, s. 1(4)National Health Service Act 2006URL verified 2026-08-05s. 1(4) — the services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment
  2. National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015/238)Statutory Instrument 2015 No. 238URL verified 2026-08-05Regulations 3 and 9 and Schedule 1 — the duty to make and recover charges from an overseas visitor, the exemption for those who are ordinarily resident, and the services and categories of person exempt from charge
  3. Consumer Rights Act 2015, ss. 49 and 51Consumer Rights Act 2015URL verified 2026-08-05s. 49 — a service must be performed with reasonable care and skill; s. 51 — where a price is not agreed in advance, the consumer must pay a reasonable price and no more
  4. National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012/2996), Part 6Statutory Instrument 2012 No. 2996URL verified 2026-08-05Part 6 — NHS Continuing Healthcare: assessment, eligibility and the right to an independent review

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

What it entitles you to, beyond money

  • Withdrawal of an overseas visitor invoice issued to an ordinarily resident patientWrite to the trust's overseas visitor manager, set out the facts that establish ordinary residence, and ask for the charge to be cancelled and any payment refunded. Ask for the trust's written reasons if it refuses.
  • An NHS Continuing Healthcare assessment, and an independent review if refusedRequest a Checklist from the integrated care board. If the outcome is negative, ask for the local resolution process and then an independent review panel through NHS England.
  • A reasonable price for private care where none was agreedConsumer Rights Act 2015, s. 51. Ask for the fee schedule that should have been given before treatment.

Where to take it next

  1. Write to the trust's overseas visitor manager or to the private providerSet out the facts, ask for the charge to be withdrawn, and ask for the written policy or fee schedule relied on. Keep it to the billing question — the trust does not need your clinical history to answer it.Claim directtypically 28 days
  2. NHS complaints procedure, or the private provider's complaints processEvery NHS body has a statutory complaints procedure with a duty to respond. Private hospitals that subscribe to ISCAS have a three-stage process ending in independent adjudication.Internal appealtypically 40 days
  3. Parliamentary and Health Service Ombudsman, or ISCAS for private careBinding on themThe PHSO reviews NHS complaints once the local process is exhausted. For private care, ISCAS adjudication is binding on subscribing providers and free to the patient.Ombudsmantypically 180 daysofficial page
  4. County court small claims trackBinding on themFor a private billing dispute, the small claims track handles sums up to the current limit without a lawyer and without exposure to the other side's costs in most cases.Small claimstypically 180 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Other rights in the same countries

England & Wales — tenancy deposit protection (Housing Act 2004 ss. 213–215)GB-EAWSub-nationalUnited KingdomHousing Act 2004, s. 213Confidence: highEngland & Wales — unclaimed estates and bona vacantia (Administration of Estates Act 1925 s. 46)GB-EAWSub-nationalUnited KingdomAdministration of Estates Act 1925 (c. 23), s. 46(1)(vi)Confidence: mediumGreat Britain — Delay RepayGBNationalUnited KingdomNational Rail Conditions of TravelConfidence: mediumNorthern Ireland — tenancy deposit schemes (SR 2012/373, as amended 2023)GB-NIRSub-nationalUnited KingdomTenancy Deposit Schemes Regulations (Northern Ireland) 2012Confidence: mediumScotland — tenancy deposit schemes (SSI 2011/176)GB-SCTSub-nationalUnited KingdomTenancy Deposit Schemes (Scotland) Regulations 2011, reg. 3Confidence: highConsumer Credit Act 1974 s.75 (and s.75A) — creditor joint and several liabilityGBNationalUnited KingdomConsumer Credit Act 1974, s.75Confidence: highUK Consumer Contracts Regulations 2013 (and the not-yet-commenced DMCCA subscription regime)GBNationalUnited KingdomConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134)Confidence: highUK GDPR and Data Protection Act 2018GBNationalUnited KingdomUK GDPR Arts. 15–21 and Data Protection Act 2018Confidence: medium

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.