health care for pensioner

Hi

I am new on this site and my name is Dorothy. 

I need advise on getting health care in Spain. I am a pensioner and have been permanently here for nearly seven months.  My husband for 3 months. We have not needed to use them but have UK holiday health cards.  As a UK pensioner we can get health care here and cheaper medications.  The problem is that the mayor of our village will not give us a Padro. 

When we bought 10 years ago there was a different mayor and we had no problems.  We only came out for holidays so never had any health issues.  Our house is on a campo and we were not told of any problem associated with it.  Now there is a new mayor and he is refusing to give us (and about a dozen other people) a Padron because we are not living in the village.  It took someone I know about 15 minutes to get a Padro from her mayor in the village adjacent to us.

I have been in touch with an online solicitor who says the Mayor has a right to refuse a Padron,  but I believe legally I should be applying for a residency as I have not been back to the UK for six months.   I have been told to go to the social security office in our nearest town and ask them if they will issue a health card, but I would appreciate it if anyone has had a similar problem, if you could let me know how (if you did) resolve the problem.

It seems as if I am now illegal but do not know what to do.  I can't believe that being an EU citizen, he can refuse.  I really need a health card as I have had cancer in the past and want to be sure I can get help if I need it in the future.  He just seems to dislike us Brits and we are at his mercy.

Any advise would be gratefully received.

Hi Dorothy and welcome to the forum.

It would be helpful if you gave your area, as the rules vary in different areas.  Some ask for the Padron first and some ask you to register as a resident first.  In this area (Orihuela) you apply in the town hall for the municipality, not the individual village, and they are keen to have more people on the Padron because they get extra funding for each person.

You are entitled to be on the Padron if you own a legal house and live here, so don't give up!

Claire

              You are entitled to be on the Padron if you own a legal house and live here, so don't give up!

Dorothy, you need to sign on the foreigners register, then ring DWP in Newcastle to get the form to apply for free medical care. After that you will need to go to the social security office with all your documents, NIE, padron, passport etc. Eventually you will receive a medical card. Your UK EHIC cards cannot be used for care here as you live here for over 7 months. They are only for holiday makers who need emergency care. Once you are on the Spanish system you can apply to DWP for an EHIC card which can be used when you go back to the UK for a visit, or rest of Europe (except Spain), as you are now no longer elgible for NHS care,which is residence based, even if you have a property in the UK.

Don't forget you must register on the Spanish tax system,  as you now have to pay income tax on all your income from UK,  pensions, savings income etc. If you have a crown pension (military, civil servant etc)  tax on that is only payable in UK. WE have a new bugbear to contend with now, declaring your assets outside Spain in minute detail, but you won't have to worry about that till next year.

If I were you, I'd spend 5 months in Spain not 7-that way you would stay on the NHS and avoid Spanish income tax, although as non resident you would still have 2 non resident taxes to pay yearly.

If I were you, I'd spend 5 months in Spain not 7-that way you would stay on the NHS and avoid Spanish income tax, although as non resident you would still have 2 non resident taxes to pay yearly.

This needs to be qualified as it not 100% correct as written. I will leave it to you Camposol, to clarify it.

Johnx- I thought it was clear-Of course I meant that if you lived  in Spain for 5 months you could stay on the UK NHS. Was that what you were  getting at?

Lijohn I am interested to know why you are not on the padron, as residents.Also,  the expense of a a solicitor is not necessary when obtaining  the medical card, but there are plenty of services advertised if you need help with the foreigners register.

This message was last edited by camposol on 09/03/2013.

This message was last edited by camposol on 09/03/2013.

Thanks for your replies.

We are in Ginestar which is near Mora D Ebra.

If I am legally required to register with the EU register, how do I do it without a Padron.  Without the mayor giving us a padron what can we do to get health care.  I am totally confused.

Someone suggested I go to a solicitor.  But it was a Spanish Solicitor who told me the Mayor does not have to give us a padron.

LiJohn, how did you get your health card without the Padron.  From everything I have been told we must have one.  I already have an S1 form, NIE and of course passport.  Do you think I could ask the social security without a Padron, perhaps play dumb and see what they say?

What's even worse is that we have to go through this again for my husband who came out in December and is 65 at the end of March.

Jonzx, I tried to get registered at our town hall for a Padron last November, but if the mayor won't let us, who is breaking the law?  Does it mean we have to go back to England or move to a place with a more considerate mayor.  My friend who got her padron in 15 minutes from her mayor in the next village, actually lives in our village, has been for 8 months, renting until they have their house built on their land.  The mayor would not even let her have a padron because her land was not in Ginestar even though she was living in Ginestar.

As for living in Spain for 5 months, we came here because of the cost of living in England and do not have a house there, so that is a no no, unles we completely sell up and go back permanently, which we do not want to do.  We love it hear, but things like this are really offputting.

Any more help. would be much appreciated.

Thanks

Dorothy, can I be nosey and ask how you live in UK  for 5 months if you have no house. I don't see how the Mayor can refuse a padron if you can prove you live here.

Do you live in a little village? Would the next town near you, if bigger, register you on the padron as you may still be in the same municipality.

Make sure you find out about all the different costs associated with living in Spain, as they all add up, and Spain isn't a lot cheaper than UK. Sorry to bombard you with info about tax, but it's better you find out now than get into a mess later.

The decision to live in Spain is huge -just make sure you do your research!

johnx there is much confusion about the  EHIC card.  if you live in the UK you have an EHIC card for emergency  use in any European country except the UK.Once you are resident here  in Spain,you can request an EHIC  card from the DWP so that when you visit any other European country except Spain, you wIll be covered for emergency care. We used to get them from the social security office in Spain, but for the last few years it has been via the DWP in UK. I thought I made it clear!

Johnx were you not aware of this arrangement?

This message was last edited by camposol on 09/03/2013.

Hi

I know you are all trying to help but it still seems I am going round in circles.

To register for health care, we need to be registered in the EU Citizems register (and have a padron).  To register in the EU citizens register, we need a padron.  The mayor will not give us a padron.

I have been advised by a solicitor that the mayor is entitled to refuse a padron (why he would is a puzz;e as, as you say he receives a lump sum fofr each padron),  I doubt a complaint will help as while he is the mayor I do not want him to refuse a burning licence or refuse cutting down of some pine trees which I hope to remove this summer due to shading my solar panels.

Someone has offered to let us rent their static caravan in another village and try to get a padron there.  Does anyone know how this would work as I do not know if the other village comes under our local SS office.  Do you have to get another padron if you change addresses.  If we do manage to get a Spanish health card is it valid if we change adresses. 

Thanks

Johnx were you not aware of this arrangement?

Yes, that's is why I said it is for visitors in Spain not those livung here.

Camogirl,   

                              To register for health care, we need to be registered in the EU Citizems register (and have a padron).  To register in the EU citizens register, we need a padron.  The mayor will not give us a padron.

As you wil see from the list, and as I said, there is no mention of having to have a Cert of Empadron in the docs required to get the EU Registration.

I also said,     " Go to the town hall and insist that you register on the Padron. If they refuse ask for the complaints form and complete it."   They will almost certainly register you.

As i have said, and I don't know how to make it clearer, the EHIC is also for those living in Spain who are visiting every other country in the EU except Spain, as well as for those living in UK who get one for those visiting every other country except UK.  Both issued by DWP in UK.So you are not correct in saying The EHIC is for visitors, not those living here-it's for all in the EU and its conditions of use depend on where you live.

Thanks Johnzx

I would most certainly make a complaint in the UK, but I suppose, I am not fully confident in what my rights are here.  The mayor seems to be anti British, so I am not so confident in making a complaint here.  If I thought he would be voted out next time I would not be so cautious but he has already been voted back in once.  The previous mayor was much better, but ended up being taken to court for something so had to stand down a couple of elections ago.  Ironicaly the previous mayor in the adjacent village was a real anti British, but he was voted out and the new mayor loves the British.

Perhaps I will just gird my loins and ask for a complaint form.

Campogirl

Campolgirl.  You have a complaint here in Spain, not in the UK.  You are obliged by Spanish Law to register on the Padron in the Municipality where you are living.

thanks