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ARTIGO 7.º

Vigente desde: 25/09/1982

O presente anexo fará parte Integrante do Acordo Administrativo, entra em vigor a partir da data da assinatura e vigorará na vigência da Convenção.

Feito em Newcastle-upon-Tyne em 31 de Dezembro de 1981, em quadruplicado, 2 exemplares em português e 2 exemplares em inglês, fazendo ambos os textos igualmente fé.

Mário Roseira, em representação da autoridade portuguesa competente.

Arnold A. Deane, em representação das instituições competentes do Reino Unido.

Annex to the Administrative Arrangements for the Implementation of the Protocol Concerning Medical Treatment to the Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and Portugal.

For the purpose of implementing the Protocol concerning Medical Treatment, the competent authorities of the two countries have prepared the following Annex to the Administrative Arrangements:

PART I

General provisions

ARTICLE 1

  1. 1 -For the purpose of the Annex to the present Arrangements, the terms:
    1. a)«Immediate medical treatment» means:
      1. i)In relation to the United Kingdom of Great Britain and Northern Ireland, such treatment through services provided in accordance with National Health Service legislation as, in the opinion of a medical, dental or ophthalmic medical practitioner or ophthalmic optician, is required to preserve life or to alleviate physical or mental disorder and cannot be postponed until the patient returns to his own country. Such treatment will not include abortion nor routine care during pregnancy except if there is immediate risk to health;
      2. ii)In relation to the States of Guernsey, hospital in-patient treatment, under the same conditions as a national who is resident in Guernsey, Alderney, Herm or Jethou, which in the opinion of a medical practitioner is sufficient to preserve life or to alleviate sickness or mental disorder to enable the national to complete the period of temporary stay in the territory of the other Party, or to return to his own country earlier;
      3. iii)In relation to the States of Jersey, hospital in-patient treatment, including dental, ophthalmic and pharmaceutical services provided by or through the Public Health Committee of the States which, in the opinion of a medical or dental practitioner, is sufficient to preserve life or to alleviate sickness or mental disorder to enable the national to complete the period of temporary stay in the territory of the other Party, or to return to his own country earlier;
      4. iv)In relation to the Isle of Man, such treatment through services provided in accordance with National Health Service legislation as, in the opinion of a medical or dental practitioner, is sufficient to preserve life, or to alleviate physical or mental disorder to enable the national to return to his own country;
      5. v)In relation to the territory of Portugal such treatment which is sufficient to preserve life and to alleviate physical or mental disorder and cannot be postponed until the patient returns to his own country.
    2. b)«Protocol» means:

      The Protocol concerning Medical Treatment to the Convention on Social Security.

    3. c)«Temporary stay» means:
      1. i)In relation to the United Kingdom of Great Britain and Northern Ireland, a period of stay the duration and circumstances of which do not serve to establish ordinary residence;
      2. ii)In relation to the States of Guernsey, the States of Jersey and the Isle of Man a period of stay which is less than 3 months duration or one which is extended beyond this period solely because of a clinical condition requiring treatment which cannot be postponed;
      3. iii)In relation to the territory of Portugal a period of stay which is of less than 3 months duration or one which is extended beyond this period solely because of a clinical condition requiring treatment which cannot be postponed.
  2. 2 -Other words and expressions used in this Annex shall have the same meaning as in the Convention and Protocol to the Convention.

    ARTICLE 2

  3. 1 -The following authorities have been designated liaison offices responsible for the proper execution of the Protocol:
    1. a)In relation to the territory of the United Kingdom:

      The Department of Health and Social Security (International Relations Division), Alexander Fleming House, Elephant and Castle, London SE1 6BY.

    2. b)In relation to the territory of Portugal:

      Caixa Central de Segurança Social dos Trabalhadores Migrantes, Rua da Junqueira, 112, 1399 Lisboa Codex.

  4. 2 -The following authorities have been designated as responsible for the provision of Services in accordance with the Protocol:
    1. a)In the United Kingdom, Health Authorities defined and established under National Health Service legislation;
    2. b)In Guernsey, the Board of Health and States Insurance Authority of the States of Guernsey, as appropriate;
    3. c)In Jersey, the Public Health Committee of the States of Jersey;
    4. d)In the Isle of Man, the Isle of Man Health Services Board and the Isle of Man Board of Social Security, as appropriate;
    5. e)In the territory of Portugal, excepting the archipelagos of Azores and Madeira, the General Directorate of Health (Direcção-Geral de Saúde), the General Directorate of Hospitals (Direcção-Geral dos Hospitais) and the Social-Medical Services (Serviços Médico-Sociais), as appropriate;
    6. f)In the archipelagos of Azores and Madeira their respective Regional Secretariat for Social Affairs (Secretarias Regionais dos Assuntos Sociais).

      PART II

      Application of provision of article 2 of the Protocol Concerning Medical Treatment

      ARTICLE 3

      In order to benefit under article 2, (1), (a), of the Protocol:

    7. a)In the territory of the United Kingdom, a Portuguese national shall request medical treatment under the Protocol and, if required, shall produce a valid passport, provide details of the length of his actual or proposed stay and, where appropriate, of employment in the territory;
    8. b)In the territory of Portugal, a British national on production of a valid passport (issued in the United Kingdom, the Island of Guernsey, the Island of Jersey or the Isle of Man) shall request treatment either at the local office of the Serviços Médico-Sociais or, if this is not practicable, at an official hospital.

      ARTICLE 4

      In order to benefit under article 2, (1), (b), of the Protocol:

    9. a)In the United Kingdom a Portuguese national shall, if requested, produce a valid passport and provide details of the length of his actual or proposed residence and, where appropriate, of his full-time employment;
    10. b)In the States of Guernsey, the States of Jersey and the Isle of Man a Portuguese national shall produce a valid passport and provide details of his actual or proposed residence;
    11. c)In the territory of Portugal, a British national, on production of a valid passport and permit of residence, shall request medical treatment at the office of the Serviços Médico-Sociais covering his place of residence.

      ARTICLE 5

      In order to benefit under article 2, (2), (a), of the Protocol, Portuguese nationals who are employed in the territory of the United Kingdom, while in the territory of Portugal, shall be entitled to all medical and pharmaceutical services available to persons insured under Portuguese legislation as follows:

    12. a)In relation to Portuguese nationals who are employed in the United Kingdom, in the States of Guernsey, in the States of Jersey and in the Isle of Man, and members of their family residing with them, entitlement to such treatment shall be established by the production of evidence of insurance in the territory in which they are employed either at the local office of the Serviços Médico-Sociais or, if this not practicable, at an official hospital;
    13. b)Where illness occurs during the period of temporary stay and treatment cannot be completed before the expected date of departure, the necessary care shall be provided under the Protocol until the patient is able to return to his country of employment.

      ARTICLE 6

  5. 1 -In order to benefit under article 2 (2), (b) and (c), of the Protocol in the territory of Portugal, excepting the archipelago of Madeira:
    1. a)The members of family of Portuguese nationals employed in the territory of the United Kingdom shall produce at the Regional Centre of Social Security (Centro Regional de Segurança Social) covering their place of residence evidence of insurance under the appropriate national legislation;
    2. b)The Portuguese nationals residing in Portugal who benefit from a pension payable under the social security legislation of the territory of the United Kingdom shall produce at the office of the Serviços Médico-Sociais covering their place of residence evidence of entitlement to a pension under the appropriate national legislation;
    3. c)Members of family of a pensioner as defined in (b) above shall produce at the Centro Regional de Segurança Social covering their place of residence evidence that they are members of the family of such a pensioner.
  6. 2 -In the archipelago of Madeira the competent institution for the purpose of article 2 (2), (b) and (c), of the Protocol shall be the Direcção Regional de Saúde Pública.
  7. 3 -The Centro Regional de Segurança Social in the place of residence shall prepare the necessary documents recognising the entitlement of the members of family to medical care under the Protocol.

    PART III

    Miscellaneous provisions

    ARTICLE 7

    This Annex shall form an integral part of the Administrative Arrangements and will enter into force from the date of signature and shall remain in force for as long as the Convention remains in force.

    Made in Newcastle-upon-Tyne on 31st December 1981, in quadruplicate, two copies in Portuguese and two copies in English, both texts being equally authentic.

    Mário Roseira, on behalf of the Portuguese competent authority.

    Arnold A. Deane, on behalf of the competent institution of the United Kingdom.

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