A 38 year old Ethiopian national who is claiming asylum in the UK has had her urgent cancer treatment delayed by almost 6 weeks as she was assessed incorrectly as not being eligible for an exemption from the NHS Charging Regulations which apply to Overseas Visitors. This is yet another instance where hospitals have been forced to ask for a person’s proof of right to remain in the UK to assess their eligibility and been unable to give that individual the care they urgently need. After arriving in Greece in 2013, Ms Mulat was diagnosed with breast cancer and she went on to seek asylum in the UK in July 2015. Under section 4 of the Immigration and Asylum Act she was given free NHS healthcare and a weekly support allowance. This was revoked in February of this year when her asylum claim was refused, leaving her unable to access chemotherapy treatment.
On 25 April, Ms Mulat submitted further evidence to the Home Office, which warned that Ms Mulat would be at risk of imprisonment were she to return to Ethiopia as she is a member of Ginbot 7, a pro-democracy group which has recently seen 30 members sentenced to 15-18 years by the Ethiopian court. Despite these further submissions, which made her an asylum seeker and therefore exempt from charges under the NHS Charging Regulations,, the Home Office incorrectly advised the hospital that she was not entitled to treatment on the NHS. Jeremy Bloom, Ms Mulat’s legal representative states: “Hospitals, the Home Office and the Department of Health don’t seem to understand how to apply the relevant eligibility and exemption criteria, and what evidence to seek from people in situations like this…Communication with patients is also totally unclear; patients are rarely told in writing whether they will be charged or refused treatment under the regulations, or what evidence they need to provide…The NHS charging regulations are another part of the ‘hostile environment’ which is having unintended consequences for vulnerable people in need of protection.” The Hospital has now agreed to treat her, but it is not clear on what basis they have made this decision.