Thank you for your request for information about the following:

‘Therefore I would like to make a freedom of information request as to

1. the number of EHIC claims similarly affected by French inaction?

2. The total amount involved (approximately!)?

3. The average delay (or are none being processed at all?)

4. How this compares with other EU countries?.’

Your request was received on 18 January 2023 and I am dealing with it under the terms of the Freedom of Information Act 2000.

Response

Question 1

We do not hold information which allows us to determine the reason a request is still outstanding. The current processing issues involving claims for treatment in France are affecting 2285 individual claims. This figure includes claims where a UK EHIC, UK GHIC and Provisional Replacement Certificates could have been shown.

Question 2

We have interpreted “total amount” to mean the financial value of the claims. If this was not your intended meaning, please submit a fresh request stating what information you wish to receive.

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority. The value of claims is not known until the claim has been fully processed.

Only the amount to be reimbursed is held for Direct Customer Claims once a reimbursement amount has been obtained from the foreign authority.

Question 3

None are currently being processed.

Question 4

The information you requested is being withheld as it falls under the exemption in sections 27 of the Freedom of Information Act. In applying this exemption we have balanced the public interest in withholding the information against the public interest in disclosing the information. We have set out below the factors considered when deciding that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Factors for disclosure

• Public accountability

Factors for withholding

• The NHSBSA relies on its partners in the EU to ensure efficient delivery of reciprocal healthcare arrangements

• Disclosing information about how our international partners perform when handling claims for payment would undermine that relationship

• Following its exit from the European Union, the UK is still in discussion with the EU over various issues. Disclosure is likely to prejudice those discussions.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/27

Reasons why public interest favours withholding information

I consider that the public accountability in releasing this information is outweighed by the potential detrimental effect the relationship between the UK and the EU.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact nhsbsa.foirequests@nhs.net ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact nhsbsa.communicationsteam@nhs.net. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2022” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.