CONTINUED S1 HEALTHCARE AFTER BREXIT
Super helpful member
Some of us U.K. pensioners legally resident in Spain are still worried about continued healthcare here as S1 holders (available to those who are claiming a UK State pension).
Here is some information from Brexpats in Spain, to try and offer some reassurance...
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Firstly, everything is reliant on the ratification of the Withdrawal Agreement. Last October Boris Johnson agreed a deal with the EU which covers our citizens’ rights in exactly the same way as Theresa May’s deal did so there is nothing new in it that affects us.
The WAB (Withdrawal Agreement Bill) does not have legal standing in the UK courts until it is passed. In December the House of Commons has voted to accept it which was the first stage. The second stage is for the House of Lords to vote on it and then the European Parliament will vote on it on 29 January. If this is all successfully done and ratified the Withdrawal will become an international Treaty between the U.K. and the EU and the UK will leave the EU on 31 January at 23.00h (UK time) and there will be no other option to remain (revoking article 50, acting on another referendum etc); the UK will cease to be a member of the EU.
Changing the system that has been in place since 1973 will be the next stage of Brexit and is no mean feat. There are 759 EU laws to rewrite and trade deals to be sought etc, a massive task ahead for the UK and the EU to adjust to. So, after 31 January there then follows a period of 11 months for transition (implementation) giving the UK and the EU time to negotiate how their future relationship might shape-up.
This transition period also gives us all time to to get all our ducks in a row. During this time ALL current EU rules will still apply but the UK will have no input in the creation of any new ones.
So, once the WAB is ratified (and experts seem to believe it will be) as UK citizens legally resident in Spain, we will keep most of our citizen’s rights. That is the reason to hope it is ratified because without that we shall crash out on 31 January with no deal and be at the mercy of bilateral agreements between UK/Spain - although Spain has very generously already promised to grant our rights here in the event of No Deal until 31 December 2020, as per their Royal Decree of March 2019
So now let’s return to the issue for those who are worried about their S1 healthcare. Please understand why we keep saying it is imperative you are legally registered as residents in Spain before 31 December 2020 because if you are legally residing in Spain by the end of the implementation period on 31 December 2020, your right to healthcare under the S1 is protected for as long as you remain living in Spain (potentially for life), under the WAB.
I really hope this stops S1 pensioners from worrying. Just make sure you have all your i’s dotted and t’s crossed!
If the WA is ratified in Jan 2020 then as residents now using S1 it will continue for as long as we remain living as residents in Spain. No cut-off date.
Chris