# Define "dependent"?



## deefitz (Apr 19, 2014)

Is there a written in stone definition of "dependent" where it comes to medical cover - specifically "dependent of an S1 holder".

We understand someone on a UK state pension with an S1 gets Spanish healthcare treatment in line with Spanish pensioners. Dependants get the same? But who exactly qualifies as a dependent?

In our case she is a state pensioner while he is an early retiree and an occupational pension. Being younger than her, is he a dependant?


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## Lynn R (Feb 21, 2014)

deefitz said:


> Is there a written in stone definition of "dependent" where it comes to medical cover - specifically "dependent of an S1 holder".
> 
> We understand someone on a UK state pension with an S1 gets Spanish healthcare treatment in line with Spanish pensioners. Dependants get the same? But who exactly qualifies as a dependent?
> 
> In our case she is a state pensioner while he is an early retiree and an occupational pension. Being younger than her, is he a dependant?


Yes. My husband turned 65 last year and became eligible for his UK state pension. He obtained an S1 form for himself and one for me as his dependant (I was 58). It also applies if the wife is the one who becomes eligible for the state pension first.

Unmarried partners are not able to get the S1 form as a dependant, though.

If someone had dependant children when they became a pensioner then the children could also get an S1 form, but I don't know the cut off in terms of age for a child to qualify, though.


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## baldilocks (Mar 7, 2010)

It also applies to parents living with you unless they get it in their own right.


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## stevec2x (Mar 24, 2012)

Hi Lynn

re "Unmarried partners are not able to get the S1 form as a dependant, though"

This is not correct - I got my S1 as a result of being "dependent" on my partner (but we're not married) and I'm not of state pension age.


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## Alcalaina (Aug 6, 2010)

I think it's any family member who is dependent on you - spouses or long term partners, children, elderly or disabled relatives. You have to fill in a separate form for each one and they will assess eligibility individually.


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## Lynn R (Feb 21, 2014)

stevec2x said:


> Hi Lynn
> 
> re "Unmarried partners are not able to get the S1 form as a dependant, though"
> 
> This is not correct - I got my S1 as a result of being "dependent" on my partner (but we're not married) and I'm not of state pension age.


Interesting, I didn't know that was possible. Did you have to supply income details (or lack thereof) to prove you were a dependant?


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## xabiaxica (Jun 23, 2009)

Lynn R said:


> Interesting, I didn't know that was possible. Did you have to supply income details (or lack thereof) to prove you were a dependant?


very interesting

as far as I'm aware, a marriage certificate is always required at this end , as well, before Spain accepts you


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## stevec2x (Mar 24, 2012)

Lynn R said:


> Interesting, I didn't know that was possible. Did you have to supply income details (or lack thereof) to prove you were a dependant?


I simply spoke to those nice people at the DWP in Newcastle - explained that my partner already had her S1 and that I had no other access to healthcare - and that was it! Got an S1 in the post just a week or two later - but dare I say that it may depend on which person at the DWP that you happen to talk to!


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## deefitz (Apr 19, 2014)

Lynn R said:


> Yes. My husband turned 65 last year and became eligible for his UK state pension. He obtained an S1 form for himself and one for me as his dependant (I was 58). It also applies if the wife is the one who becomes eligible for the state pension first.


If this is correct it's a very pleasant and welcome surprise. His occupational pension paying more than her state pension raises the question "how can he be dependent on her?"


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## Lynn R (Feb 21, 2014)

deefitz said:


> If this is correct it's a very pleasant and welcome surprise. His occupational pension paying more than her state pension raises the question "how can he be dependent on her?"


It is correct, honestly. My occupational pension (which I am already drawing) is more than my husband's state pension.


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## Aranjuez (May 21, 2015)

It's correct that the spouse of a pensioner qualifies as a dependent and I wouldn't be questioning it.
I am in the same situation as Lynn R except that my wife is the UK state pensioner and I am the early retiree. My income is substantially more than that of my wife so I too could not possibly be regarded as "dependent" in the conventional sense. I think on the S1 I was categorised as family member as opposed to dependent. I was issued with an S1 and accepted into the Spanish public health system as a matter of routine. The UK actually pays Spain a fixed amount for every UK citizen registered in the Spanish system. I don't have any moral issues around this as I paid enough NI contributions into the UK system in the past. As I understand in the unfortunate event that your spouse were to pass away your entitlement would continue for a further 12 months if you had not by that stage reached pension age yourself.


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## deefitz (Apr 19, 2014)

Thank you Lynn R and Aranjuez. We shall apply for both of us and keep our fingers crossed


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## baldilocks (Mar 7, 2010)

For all of those who are getting free health care in Spain as a family member of a state pensioner, should the pensioner die or you be divorced, you would need to apply for a form S1 in your own right. This also applies if you subsequently become a pensioner in your own right and the family member under whose entitlement you piggy-backed, dies.


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## Lynn R (Feb 21, 2014)

baldilocks said:


> . This also applies if you subsequently become a pensioner in your own right and the family member under whose entitlement you piggy-backed, dies.


If you subsequently become a pensioner in your own right you need to apply for a new S1 anyway, as the letter sent to me with my S1 explained, whether the family member under whose entitlement you piggy-backed is still alive or not.


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## Alcalaina (Aug 6, 2010)

Lynn R said:


> It is correct, honestly. My occupational pension (which I am already drawing) is more than my husband's state pension.


Same here (my husband is my "dependent"). I guess "dependency" also covers non-economic factors!


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## Goldcrestuk (Nov 29, 2020)

baldilocks said:


> For all of those who are getting free health care in Spain as a family member of a state pensioner, should the pensioner die or you be divorced, you would need to apply for a form S1 in your own right. This also applies if you subsequently become a pensioner in your own right and the family member under whose entitlement you piggy-backed, dies.


If the state pensioner dies but the dependant isnt near state pension age would s/he still be able to apply for a S1 in his/her own right?


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## xabiaxica (Jun 23, 2009)

Goldcrestuk said:


> If the state pensioner dies but the dependant isnt near state pension age would s/he still be able to apply for a S1 in his/her own right?


No. Not until they receive a state pension in their own right. 

Oh, & if British, be a registered resident before the end of this year.


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## MataMata (Nov 30, 2008)

xabiaxica said:


> very interesting
> 
> as far as I'm aware, a marriage certificate is always required at this end , as well, before Spain accepts you


Spanish Solutions | Common Law Couples

As far as the S1 goes the fact of possession will be perfectly sufficient for health care/SIP card purposes so it's elsewhere that 'partner' issues might prove a stumbling block.


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## gus-lopez (Jan 4, 2010)

Aranjuez said:


> As I understand in the unfortunate event that your spouse were to pass away your entitlement would continue for a further 12 months if you had not by that stage reached pension age yourself.


If you don't reach pension age in 12 months then as a resident you could claim under the "sin recursos" option as long as you have no entiitlement for health care in the UK. You can also obtain a "letter of legislation " stating that fact from the Overseas benefit team in Newcastle. All this will remain the same after the transition period ends


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## Alcalaina (Aug 6, 2010)

gus-lopez said:


> If you don't reach pension age in 12 months then as a resident you could claim under the "sin recursos" option as long as you have no entiitlement for health care in the UK. You can also obtain a "letter of legislation " stating that fact from the Overseas benefit team in Newcastle. All this will remain the same after the transition period ends


Don't you also have to demonstrate that your income is below a certain level? When we did it it was €6k p.a. but that was ten years ago.


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## snikpoh (Nov 19, 2007)

xabiaxica said:


> very interesting
> 
> as far as I'm aware, a marriage certificate is always required at this end , as well, before Spain accepts you


What about 'pareja de hecho' - I thought they were covered (by law) as well?


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