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Regulations governing free access to NHS secondary care services in England do not differentiate between those who have exhausted the asylum process and been directed to leave the UK, and those who have exhausted the asylum process but are destitute, face recognised barriers to return and on that basis qualify for support from the UK Border Agency. The Government believes that this position is anomalous and potentially leaves NHS staff in a difficult position in relation to charging people who are destitute and cannot leave the country. It proposes to amend the charging regulations.