Scheduled Treatments

In respect of scheduled treatments, they will not be affected and will continue as established in the Community Regulations₂.

Temporary Stays

For temporary stays such as tourist or work trips, health provisions similar to those provided previously will be guaranteed, so it will continue to be covered for those British nationals who need to travel to Spain if they have the European Health Insurance Card (if it is still in force) or the Global Health Insurance Card. In addition to those mentioned, it has been recommended obtaining travel or health insurance, since health care could excluded on certain services or treatments such as medical repatriation or mountain rescue, to put some examples₃. If a UK national does not have any of them, he would need to apply for a Provisional Replacement Certificate (PRC) or face the possibility of being asked for payment of the health care services received or, in some cases, the Spanish administration could claim such costs to the British administration₄.

Permanent Residents

Spanish health care is guaranteed to UK citizens who already reside or will reside in Spain for more than three months. All residents in Spain need to be registered to access free basic services using the health insurance card provided but there are some services that patients need to pay for, such as prescriptions₅. Before their registration, UK citizens must show proof of healthcare cover as social security contribution if they are working. If they are not working but have been residing for five years or more, they can apply for permanent residency which will provide them access to Spanish healthcare. If they are not working and have no permanent visa but are registered at the local town hall for at least one-year, they can apply for “Convenio Especial” paying a monthly fee₆.

Cross-Border Workers

Finally, for UK cross-border workers₇, as in the case of Spain and Gibraltar, they will continue to access to health care within the scope of the Community Regulations, meanwhile the negotiation about post Brexit rights continues. Generally, UK cross-border workers will obtain healthcare in the country where they are insured. In the case of UK cross-border workers willing to export their right of healthcare to the country of residence at Gibraltar, they can submit the S1 form at the office of the health insurance body in Gibraltar₈.

Written by Paloma Gómez Pachón.

₁Acuerdo de Comercio y Cooperación entre la Unión Europea y la Comunidad Europea de la Energía Atómica, por una parte, y el Reino Unido de Gran Bretaña e Irlanda del Norte, por otra, de 29 de diciembre de 2020, DOUE, 31. Además, ya se recogían medidas provisionales de adaptación en el Real Decreto-ley 38/2020, de 29 de diciembre en su artículo 11 en materia de asistencia sanitaria que solo mantendría su aplicación hasta la entrada en vigor del Acuerdo entre la Unión Europea que recoge dicha materia.

₂https://europa.eu/youreurope/citizens/health/when-living-abroad/health-insurance-cover/index_es.htm

₃Puede obtener más información sobre las coberturas que ofrecen y cómo aplicar: https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/

₄https://www.gov.uk/guidance/healthcare-for-uk-nationals-visiting-spain

₅https://www.gov.uk/guidance/healthcare-in-spain-including-the-balearic-and-canary-islands

₆https://www.gov.uk/guidance/healthcare-in-spain-including-the-balearic-and-canary-islands#posted-worker

₇https://europa.eu/youreurope/citizens/work/unemployment-and-benefits/country-coverage/faq/index_es.htm#:~:text=Los%20trabajadores%20transfronterizos%20suelen%20estar,asegurador%20del%20pa%C3%ADs%20donde%20trabajas

₈https://europa.eu/youreurope/citizens/work/social-security-forms/index_es.htm https://www.gov.uk/guidance/healthcare-in-spain-including-the-balearic-and-canary-islands#posted-worker

Read more about Personal Injury Law.

The Spanish Civil Code in its article 1101 clearly provides for those that provide services through a contract to compensate for the damages they cause by negligence when performing their contractual obligations.

Contrary to the general rule that a Claimant must prove its case, when conducting personal injury claims in Spain the burden of proof is reversed and only if the Defendant is able to prove that the accident occurred due to the Claimant’s own fault, the Defendant will avoid liability.

It is also important to keep in mind that there is a limitation period of one year to file a claim in personal injury claims. However, the clock will only start ticking the later of a) when the accident took place, b) the injured was aware of the injury or c) the injuries of the injured settled. 

Scornik Gerstein LLP has been assisting clients who suffered an accident in Spain and their advisors seeking for an opinion to help then conducting a claim before the UK courts since 1984. Please let us conduct your personal injury claim in Spain or provide you with our legal opinion about whether your personal injury claim would succeed in Spain.

Written by Koldo Perez

Read more about Personal Injury Law.