However, despite realising this error, the government has chosen not to inform the public, but has instead removed information concerning the attestation from its website and now informally advises Islanders who are renewing their certificates to take out travel insurance as well.
For the past 38 years, the Social Security Department has been issuing the free insurance certificates, which are supposed to cover 80 per cent of in-patient costs for Jersey residents in France, to all Islanders.
But the 1980 law that set up the scheme shows that only a very specific group of Jersey residents, thought to be less than a quarter of the population, are in fact entitled to benefit from it.
The law states that only ‘Channel Islanders’ as defined under Jersey’s ‘Protocol 3’ arrangements are eligible. This excludes anyone who was not born in Jersey or, even if they were born in Jersey, who has lived in the UK for more than five years or has a parent or grandparent who was born or naturalised in the UK.
The government has said it is continuing to issue attestations to ineligible Islanders because, in March next year, Brexit negotiations will provide an opportunity to scrap the agreement. A States spokeswoman also admitted that an informal work-around had been reached behind the scenes with the French authorities, but she declined to say how long officials had been aware of the situation or why the public had not been told.
‘While the details in the agreement refer to “Islanders”, certificates have consistently been issued to British citizens living in Jersey, and have been accepted by the French authorities for the last 38 years. In return, the Jersey authorities have accepted the equivalent arrangement for French residents.’
The spokeswoman added: ‘It is likely that once Protocol 3 falls away as a result of Brexit the definition of “Islanders” will no longer have any significance. The wider implications of Brexit for the attestation certificate will become clearer when the UK position is settled.’
Citizens Advice chief executive Malcolm Ferey has described the situation as ‘very worrying’ because vulnerable Islanders who have complex medical needs and are unable to afford private insurance are still using the attestation in good faith.
‘This situation is obviously very concerning for many Islanders,’ he said. ‘We quite often give advice on this issue and I now realise that many people who obtain an attestation are not legally covered by the scheme. [It’s]very worrying.
‘While it is always advisable to consider private medical insurance when travelling abroad, for some people this is simply not attainable, as a pre-existing medical condition would mean the premiums would either be too high or, in some cases, the individual would be uninsurable because of their high-risk status. The elderly could be particularly affected.’
When asked what might happen if the French government decided to claim 38 years of back-dated medical costs, the government press office declined to comment.
