Comprehensive sickness insurance…

Client is Portuguese and last worked in Portugal. Came to UK 6 years ago and has been self sufficient throughout – accommodation and money to live on provided by a friend and has also claimed and been awarded DLA care component for the last couple of years.

I think he would have counted as having comprehensive sickness insurance via EC Regulation 1408/71 because Portugal was the competent state because it was the last member state he worked in. But since 2010 I think Portugal may no longer be the competent state since EC regulation 883/2004 replaced 1408/71 as the UK can become the competent state by him being resident here.

Is the UK now the competent state so that he does not count as having comprehensive sickness insurance any more?

I thinkl the problem you would have on 1408/71 is that he doesn’t appear to be covered by the regulation. Only employed, self employed, students and their families or survivors were covered: Artilcle 2.

So as his RTR derived solely from self sufficiency you think he isn’t covered by 1408/71. So does that mean up to 2010 Portugal should have been responsible for the cost of the NHS treatment he got before 2010 in the UK or not? I don’t know if they reclaimed the costs or not. I’m confused by the cordination regs. But think if can establish 5 years when he was self sufficient and not a burden on NHS then eligible to claim ESA.