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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 URL: http://www.bailii.org/uk/legis/num_reg/2003/20032382.html |
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Made | 14th September 2003 | ||
Laid before Parliament | 15th September 2003 | ||
Coming into force | 6th October 2003 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | NHS travel expenses |
4. | Remissible NHS charges |
5. | Entitlement to full remission and payment |
6. | Entitlement to partial remission and payment |
7. | Claims to entitlement |
8. | Notices of entitlement |
9. | Travel expenses of persons resident in the Isles of Scilly |
10. | Payment of NHS travel expenses |
11. | Claims for repayment |
12. | Repayments |
13. | Reimbursement of payments made in respect of NHS travel expenses |
14. | Payment and repayment of NHS foreign travel expenses |
15. | General |
16. | Calculation of resources |
17. | Calculation of requirements |
18. | Transitional Provisions |
19. | Revocations |
SCHEDULE 1 - | Modifications of the Income Support (General) Regulations 1987 |
SCHEDULE 2 - | Revocations |
NHS travel expenses
3.
- (1) In these Regulations "NHS travel expenses" means the travel expenses which a person necessarily incurs -
for the provision of any services (except personal medical or personal dental services provided under section 28C of the Act) under the care of a consultant in accordance with Part I of the Act; and
(b) in travelling to a port in Great Britain for the purpose of travelling abroad in order to receive services provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act.
(2) In these Regulations "NHS foreign travel expenses" means the travel expenses which a person necessarily incurs in travelling abroad from a port in Great Britain in order to receive services pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act.
(3) NHS travel expenses and NHS foreign travel expenses include the travel expenses of a companion in a case where the person to whom services are provided is either -
(4) A person who wishes to rely on entitlement to NHS travel expenses must -
(5) The amount of any NHS travel expenses to which a person is entitled under these Regulations -
(6) A person is entitled to payment of NHS foreign travel expenses only where the health service body which made the arrangements for the provision of services abroad agrees the mode and cost of travel and the necessity or otherwise for a companion before the costs are incurred.
Remissible NHS charges
4.
- (1) In these regulations "NHS charge" means any charge which would otherwise be payable -
(2) A person who wishes to rely on entitlement under these Regulations to remission of a NHS charge must -
provided that the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200.
(2) Subject to paragraph (3), the following persons are entitled to the payment in full of NHS travel expenses and the remission in full of a NHS charge but are required to make a claim for such payment or remission in accordance with regulation 7 (claims to entitlement) -
and who has satisfied the authority that he is unable to pay for that accommodation at the standard rate or, as the case may be, the full rate;
(b) an asylum-seeker for whom support is provided under Part VI of the Immigration and Asylum Act 1999;
(c) a member of the same family as an asylum seeker described in sub-paragraph (b);
(d) a relevant child within the meaning of section 23A of the Children Act 1989[17] whom a responsible local authority is supporting under section 23B(8) of that Act;
(e) any other person who satisfies the Secretary of State in accordance with Part IV that his capital resources do not exceed the capital limit and that his requirements equal or exceed his income resources; and
(f) a member of the same family as a person described in sub-paragraph (e).
(3) A person's entitlement under paragraph (1) or (2) arises only where he is of a description mentioned in either of those paragraphs at the time when -
Entitlement to partial remission and payment
6.
- (1) Subject to paragraphs (2) to (4), a person is entitled to the payment in part of any NHS travel expenses and remission in part of a NHS charge provided that at the time the travel expenses are incurred or the charge is made -
but is required to make a claim for such remission or payment in accordance with regulation 7 (claims to entitlement).
(2) In the case of a NHS charge mentioned in regulation 4(1)(a), the entitlement under paragraph (1) to partial remission applies only to a charge for the supply of an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs) and not to a charge for any other appliance or for drugs, medicines or pharmaceutical services.
(3) Subject to paragraph (4), the amount to which a person is entitled under paragraph (1) is -
(4) In the case of a NHS charge -
the charge which is partially remissible under this regulation and which must be used for the purposes of the calculation required under paragraph (3)(a) is the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment.
Claims to entitlement
7.
- (1) Subject to paragraph (3), a person who wishes to claim entitlement under regulation 5(2) (entitlement to full remission and payment) or regulation 6(1) (entitlement to partial remission and payment) must make a claim to the Secretary of State on a form either provided for the purpose by him or approved by him.
(2) On a claim under paragraph (1), the claimant must provide such evidence and information as the Secretary of State may reasonably request within such time as the Secretary of State may reasonably request.
(3) A claim may be made on behalf of another person where that person is unable, by reason of mental or physical incapacity, to make the claim himself.
(4) Where a claimant does not comply with the Secretary of State's requests in respect of evidence, information and timing mentioned in paragraph (2), the Secretary of State may notify the claimant that the claim will not be determined and must be regarded as closed.
Notices of entitlement
8.
- (1) Where the Secretary of State determines, on a claim made under regulation 7 (claims to entitlement), that the claimant and any member of his family are entitled to any remission of a NHS charge or any payment in respect of NHS travel expenses, he must issue a notice of entitlement to the claimant.
(2) Where a person is entitled to full remission of a NHS charge and payment in full of NHS travel expenses because he is a member of a family described in regulation 5(1)(e) (tax credit families), the Secretary of State must issue a notice of entitlement to that family and in such a case the notice shall apply to all the members of that family.
(3) A notice of entitlement issued under paragraph (1) applies to all members of the claimant's family and must state -
(4) A notice of entitlement issued under paragraph (1) or paragraph (2) must state the length of time for which it is valid and the dates on which that time begins and ends.
(5) A notice of entitlement issued under paragraph (1) is valid for 12 months beginning on the date of the claim except that -
(6) A notice of entitlement issued under paragraph (2) is valid from such date and for such period as the Secretary of State may determine.
(7) Subject to paragraphs (9) and (10), any change in the financial or other circumstances of a claimant, or of any member of his family, during the life of a notice of entitlement shall not affect its validity in respect of that period or, in the case of partial remission or payment, the amounts referred to in paragraph (3)(b).
(8) A claimant who is issued with a notice of entitlement to partial remission may make a further claim in accordance with regulation 7 at any time during the life of the notice if he considers that by reason of a change in his financial circumstances, or those of any member of his family, the amounts referred to in paragraph (3)(b) should be reduced.
(9) A claimant to whom a notice of entitlement has been issued under this regulation must return it to the Secretary of State in any case where his claim is subsequently found to have been based on a false representation.
(10) A notice of entitlement issued under this regulation is effective only for the purpose of entitlement to remission of charges and payment of travel expenses in accordance with these Regulations.
Travel expenses of persons resident in the Isles of Scilly
9.
- (1) Any person who -
is entitled to payment of his NHS travel expenses but is required to make a contribution in accordance with paragraphs (2) and (3).
(2) A person who would be entitled to payment in part of NHS travel expenses in accordance with regulation 6(1) is required to contribute either the amount which he would have been required to pay under regulation 6(3)(b) or £5, whichever is the less.
(3) Any other person is required to contribute £5.
(2) Where services are provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act, the application for payment may be made to, and the calculation and payment may be made by, either the provider or the health service body which made those arrangements.
(3) In a case falling within regulation 3(1)(b) (travel to a port) the application for payment must be made to, and the calculation and payment must be made by, the health service body which made the arrangements referred to in that provision.
(4) A person who makes an application for payment in respect of NHS travel expenses must sign a declaration of entitlement and provide such evidence of his entitlement and of his travel expenses as the provider, or as the case may be, the health service body which made the arrangements, may require.
(5) Payment of NHS travel expenses may be made before the expenses are incurred.
Claims for repayment
11.
- (1) A person who is entitled under these Regulations to full or partial remission of a NHS charge or to full or partial payment in respect of NHS travel expenses and who pays such a charge or such travel expenses without exercising his right to remission or payment, is entitled to be repaid that amount which would have been remitted or paid.
(2) A person who wishes to exercise his right to repayment under paragraph (1) must make a claim to the Secretary of State on a form provided for the purpose by him or approved by him.
(3) A claim under paragraph (2) must be made within three months of the date on which the payment of the NHS charge or the NHS travel expenses was made or within such longer period as the Secretary of State may for good cause allow.
(4) Paragraphs (2) to (5) of regulation 7 (claims to entitlement) apply to a claim under this regulation.
Repayments
12.
- (1) Where the Secretary of State is satisfied that a claimant is entitled to any repayment under regulation 11, he must -
(b) in a case falling within regulation 3(1)(b) (travel to a port) notify in writing the health service body which made the arrangements referred to in that provision of the claimant's entitlement; or
(c) in any other case, cause a repayment to be made to the claimant in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
(2) Where an NHS trust, a Primary Care Trust or other health service body receives notification as mentioned in paragraph (1), it must calculate any amount payable in respect of NHS travel expenses in accordance with these Regulations and make any repayment due to a claimant in respect of such travel expenses or NHS charge.
(3) A person who is entitled to repayment in respect of NHS travel expenses must sign a declaration of entitlement and provide such evidence of his entitlement and of his travel expenses as the health service body which is making the repayment may require.
(4) The Dental Practice Board, constituted under section 37 of the Act, is authorised to carry out any activity of the Secretary of State under paragraph (1)(a) or (c) of this regulation relating to the repayment of charges for dental appliances and dental treatment described in regulation 4(1)(b) or (c), including repayment of any amount due to a claimant.
Reimbursement of payments made in respect of NHS travel expenses
13.
Where a provider makes a payment under regulation 10(1) or (2) or a repayment under regulation 12(a) in respect of NHS travel expenses incurred by a person who is receiving services from the provider, the amount of the payment or repayment in question may be reimbursed to the provider by the health service body for which those services are provided.
Payment and repayment of NHS foreign travel expenses
14.
- (1) A person who wishes to claim entitlement to payment or repayment for NHS foreign travel expenses must apply in writing to the health service body which arranged the services referred to in regulation 3(2) within 3 months of the expenses having been incurred or such further period as that body may for good cause allow.
(2) Paragraphs (2) and (3) of regulation 11 (claims for repayment) apply to claims (whether for payment or repayment) made under this regulation as if the references to the Secretary of State in those paragraphs were references to the health service body which arranged the services referred to in regulation 3(2).
(3) Where a claimant is a member of a family, the resources and requirements of the other members of his family must be calculated in the same manner as those of the claimant and must be taken into account as if they were his resources and requirements, and in this Part and in the provisions referred to in Schedule 1, unless the context otherwise requires, any reference to the claimant includes the other members of his family.
(4) In a case where the earnings of any person are to be calculated and those earnings have been affected by a trade dispute, the earnings to be taken into account are the earnings which that person would have received if there had been no trade dispute.
(5) In the application of the Income Support Regulations as mentioned in regulation 16 and regulation 17, the provisions of those Regulations shall be applied as if -
Calculation of resources
16.
- (1) A claimant's resources must be calculated in terms of income and capital.
(2) Income must be calculated on a weekly basis according to the method of calculating or estimating income prescribed by the provisions of the Income Support Regulations, subject to the modifications referred to in paragraph (4).
(3) Capital must be calculated according to the method of calculating or estimating capital as prescribed by the provisions of Chapter VI in Part V of, and Schedule 10 to, the Income Support Regulations, subject to the modifications referred to in paragraph (4).
(4) The provisions of the Income Support Regulations apply and those provisions specified in column 1 of Table A in Schedule 1 shall be applied in accordance with the modifications specified in the corresponding entries in column 2.
Calculation of requirements
17.
- (1) A claimant's requirements must be calculated as being the amount referred to in sub-paragraph (a) less, where applicable, the amount referred to in sub-paragraph (b) below, as follows -
(b) the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any council tax benefit to which the claimant or any member of his family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992.
(2) Subject to paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which he is resident with one or more other persons, the claimant's liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.
(3) Paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only his partner.
(4) The provisions of the Income Support Regulations apply and those provisions specified in column 1 of Table B in Schedule 1 shall be applied in accordance with the modifications specified in the corresponding entries in column 2.
Column 1 | Column 2 |
Regulation 23 | In paragraph (1) for "section 22(5) of the Act" substitute "regulation 15(3) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003". |
Regulation 25 |
For the whole of regulation 25 (liable relative payments) substitute - " 25. - (1) Where a claimant's income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income from those payments shall be determined -
(b) if they are not so made, by reference to the average amount of such payments received in the 13 weeks immediately preceding the week which includes the relevant date.
(2) Any maintenance payment other than one to which paragraph (1) of this regulation applies shall be treated as capital.". |
Regulation 25A | Omit this regulation. |
Regulation 28 |
In paragraph (1) omit the words from "For the purposes" to "income support)". In paragraph (1)(a) for "the weekly amount of his income" substitute "the normal weekly amount of his income at the relevant date". |
Regulation 29 | Omit this regulation. |
Regulation 30 |
In paragraph (1) omit the words "Except where paragraph (2) applies". In paragraph (1)(a) at the beginning insert the words "except where sub-paragraph (b) or (c) applies,". In paragraph (1)(b) at the beginning insert the words "except where sub-paragraph (c) applies,". After paragraph (1)(b) insert the word "or" and the following sub-paragraph -
After paragraph (1) insert the following new paragraph -
(b) "profit and loss account" means a financial statement showing the net profit or loss of the employment for the period in question; and (c) "trading account" means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.".
Omit paragraph (2). |
Regulation 31 | Omit this regulation. |
Regulation 32 |
In paragraph (1) for "regulation 29" substitute "regulation 28" and for "subject to paragraphs (2) to (7)" substitute "subject to paragraph (6)". In paragraph (6) omit "and has changed more than once". Omit paragraphs (3)-(5), (6A) and (7). |
Regulation 35 |
Omit paragraphs (1)(c), (1)(g), (1)(i), (1A) and (2A). In paragraph (1)(d) omit the words after "employment". In paragraph (2)(a) omit the words "subject to paragraph (2A)". |
Regulation 36 | In paragraph (1) for "regulation 29 (calculation of earnings of employed earners)" substitute "regulation 28 (calculation of income)". |
Regulation 38 |
In paragraph (3) for "paragraph (9)" substitute "paragraphs (3A) or (9)". After paragraph (3) insert - " (3A) For the purpose of paragraph (1)(a), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less -
(b) an amount in respect of -
(ii) social security contributions payable under the Contributions and Benefits Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners), and (iii) one half of any premium paid in the period that is relevant under regulation 30 in respect of a retirement annuity contract or a personal pension scheme.".
In paragraph (4) after "the net profit of the employment" insert ", except where paragraph (3A) or (9) applies,". |
Regulations 39A-39D | Omit these regulations. |
Regulation 40 |
In paragraph (1) for "regulation 29 (calculation of income other than earnings)" substitute "regulation 28 (calculation of income)" and for "paragraphs (2) to (3B)" substitute "paragraphs (2) and (3)". Omit paragraphs (3A) to (5). |
Regulation 41 |
In paragraph (1) for "on the first day" to "the date of that supersession" substitute "at the relevant date". Omit paragraphs (3) and (4). |
Regulation 42 | In paragraph (4) omit the words from "and in any case" to "(trade disputes) applies". |
Regulation 44 |
In paragraph (1) for "on the first day" to "the date of that supersession" substitute "at the relevant date". Omit paragraphs (2), (3), (8), and (9). |
Regulation 45 |
For this regulation substitute - " Capital Limit 45. For the purposes of Regulations 5(2)(e) and 6(1)(a) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 the capital limit is -
(b) for a claimant permanently residing in accommodation as defined in Regulation 19A - £19,500; and (c) for a claimant aged 60 or over, or if the claimant has a partner, where either or both are 60 or over, and neither is permanently residing in accommodation as defined in Regulation 19A - £12,000.". |
Regulation 46 | In paragraph (1) omit the words from "For the purposes" to "income support". |
Regulation 48 |
In paragraph (2) omit the words from "Except" to "applies". In paragraph (5) omit the words "Subject to paragraph (6),". Omit paragraphs (6) and (10)(a) and (b). |
Regulation 49 | In sub-paragraph (b)(i) for "first day" to "date of that supersession" substitute "relevant date". |
Regulation 51 | Omit sub-paragraph (1)(b). |
Regulation 51A | Omit this regulation. |
Regulation 53 |
In paragraph (1A) for "£10,000" on each occasion it appears substitute "£12,000" and for "£16,000" substitute "£19,500". For paragraph (1B) substitute - " (1B) For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in accommodation as set out in Regulation 19A.". In paragraph (3) for the reference to "regulation 60" substitute reference to "regulation 25." |
Regulations 54 to 60E | Omit these regulations. |
Regulation 61 | In paragraph (1) in the definition of "academic year" after "September" insert ", or 1st August in the case of a student attending a course in Scotland." |
Regulation 62 |
In paragraph (3) from the beginning to the words "shall be apportioned" substitute "Subject to paragraph (3A), a student's grant income shall be apportioned". In paragraph (3)(a) for "in the period beginning with the benefit week", to "the last day of which coincides with, or immediately precedes, the last day of the period of study," substitute "in that period". In paragraph (3)(b) for "in the period beginning with the benefit week", to "the last day of the period for which it is payable," substitute "in respect of which it is payable". In paragraph (3A) omit "under the provisions referred to in paragraph (3)" and "or, if there are 53 benefit weeks (including part-time weeks) in the year, 53". Omit paragraph (3B). In paragraph (4), for "the weeks in the period beginning with the benefit week", to "the last day of the period of experience" substitute "the remaining weeks in that period". |
Regulation 63 | In paragraph (2) omit the words "or, if there are 53 benefit weeks (including part-time weeks) in the year, 53". |
Regulation 64 | In paragraph (1)(c) omit the words "or if there are 53 benefit weeks (including part-time weeks) in the year, 53". |
Regulation 65 |
For the words "No part" substitute "(1) Subject to paragraph (2), no part". After paragraph (1) insert the following paragraph - " (2) For the purposes of this regulation and paragraph 15 of Schedule 9, "voluntary payment" shall not include any payment made by a person whose income a Minister of the Crown or an education authority -
(b) has taken into account in assessing the amount of a student's grant or student's loan and which is in excess of contributions as assessed by a Minister of the Crown or an education authority.". |
Regulation 66A |
For paragraph (2) substitute - " (2) In calculating the weekly amount of the loan to be taken into account as income -
(b) in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year's duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course,
and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount so apportioned there shall be disregarded £10.". |
Schedule 8 |
In paragraph 4(2) after "disability premium" insert "or higher pensioner premium". In paragraph 4 omit sub-paragraphs (3), (4), and (7). In paragraph 6A(1) for "none of paragraphs 4 to 6 applies" substitute "paragraph 4 does not apply". In paragraph 7 for the words "none of paragraphs 4 to 6B" substitute "none of paragraphs 4 or 5 or 6A or 6B". In paragraph 8 omit "part-time". After paragraph 8 insert the following paragraph - "8A. In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.". In paragraph 9 for "8" substitute "8A". Omit paragraphs 6, 10, 13 and 16. |
Schedule 9 |
In paragraph 15, in sub-paragraph (1) omit the reference to "paragraph 37", and Omit sub-paragraph (3)(b). In paragraph 16 for "paragraphs 36 and 37" substitute "paragraph 36". In paragraph 19 for "£4.00" substitute "£20.00" and omit sub-paragraph (b). For paragraph 21(1) substitute "Subject to paragraph (2), any income in kind.". omit paragraph 21(3). In paragraph 28 omit the words from "Except" to "return to work)". For paragraph 29(1) substitute the following paragraph - " (1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain payments of housing costs which qualify under paragraph 17(1)(zb) or (zc) of Schedule 3, or for repairs or improvements to the dwelling occupied as the home to the extent that it is used to meet -
(b) any amount due by way of premiums on that policy.".
Omit paragraphs 30, 34 and 37. |
Schedule 10 | In paragraph 17 for the words from "Except" to "payment" substitute the words "Any payment". |
Column 1 | Column 2 |
Regulation 3 |
In paragraph (1) omit the words "or with whom a claimant normally resides". In paragraph (2B) omit the words "subject to paragraph (2C)". Omit paragraph (2C). |
Regulation 17 |
In paragraph (1) for the words from "18 to 22A" to "urgent cases" substitute "18, 19A and 21". Omit paragraphs (1)(bb) and (g). In paragraph (1)(e) omit the words "mortgage interest payments or" and "other". |
Regulation 18 |
In paragraph (1) for the words from "regulations 21 to 22A" to "urgent cases" substitute "regulations 19A and 21 (special cases)". Omit paragraph (1)(cc) and (h). After Regulation 18 insert the following Regulation - " Care Homes. 19A Where the claimant lives permanently in -
(b) in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948,
and he is a resident of such accommodation due to his personal circumstances and not as a carer, then his weekly applicable amount shall be calculated in accordance with Part 1 of Schedule 4A.". |
Regulation 21 |
In paragraph (1) omit the words from "Subject to" to "amounts)". In paragraph (3) omit the definition of "partner of a person subject to immigration control". In paragraph (3) omit the definition of "person from abroad". Omit paragraphs (1B), (2), (3A), (3B), (3C), (3D), (3E), (3F), (4), (4A), (4B) and (5). |
Regulations 21ZB and 22A | Omit these regulations. |
Schedule 2 |
In column (1) of the Table for sub-paragraphs (1) to (3) substitute - " (1) Single Person aged not less than 25; (2) Lone Parent; (3) Single Person aged less than 25; (4) Couple". In column (2) of the Table (amounts) insert -
(b) against sub-paragraph (2) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations; (c) against sub-paragraph (3) of column (1), the amount prescribed in paragraph (1)(b) of column (2) in the unmodified regulations; and (d) against sub-paragraph (4) of column (1), the amount prescribed in paragraph (3)(d) of column (2) in the unmodified regulations.
Omit paragraphs 1A, 2A, 9, 9A, 10(3), 10(4), 12(1)(c), 12(4), 15(2) and 15(2A).
In cross heading to paragraph 12, omit "Higher Pensioner and".
In paragraph 12(6) after "sub-paragraph (1)(a)(i)" delete "or (c)(i)" and for "long-term incapacity benefit" substitute "incapacity benefit, notwithstanding the requirement that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,". |
Schedule 3 |
In paragraph 1(1)(b) for "paragraphs 15 to 17" substitute "paragraph 17". For paragraph 1(2) substitute - " (2) In this Schedule "period of study" has the meaning specified in regulation 61 (Interpretation)." For paragraph 1(3) substitute - " (3) For the purposes of this Schedule a disabled person is a person -
(b) who is aged 75 or over and whose capital does not exceed the capital limit; or (c) in respect of whom a disabled child premium is included in his applicable amount or the applicable amount of a person living with him.".
For paragraph 2(1)(c) substitute -
Omit paragraphs 1A, 2(2), 3(7) to (10), 6 to 16 and 18(7)(e).
(b) in sub-paragraph (1) omit head (f) and immediately before (a) insert -
(zb) payments of interest and capital -
(i) of a mortgage or loan secured on the dwelling occupied as the home,
In sub-paragraph (2) omit head (c) and for "Subject to" to "amounts" substitute "Subject to sub-paragraphs (3), (3A) and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (e) of sub-paragraph (1)" and in head (a) omit the words from "unless the claimant" to the end of the head.
(b) the costs in respect of the Christmas or Easter vacations within a period of study vary from those in the rest of that period of study,
the weekly amount shall be the amount payable in respect of a period of study divided by the number of weeks in that period of study.
|
Schedule 3B |
After Schedule 3B insert the following schedule - " Schedule 4A Applicable amounts of a person in accommodation within the meaning of Regulation 19A. 1. - (1) The applicable amount of a claimant to whom regulation 19A applies shall be the aggregate of -
(b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 2.
(2) Except where otherwise provided, no amount shall be included in respect of a child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the Claimant would exceed £3,000. |
Schedule 7 |
Omit the references in paragraph 1 to sub-paragraph (g) of regulation 17(1) and sub-paragraph (h) of regulation 18(1). Omit both columns of paragraphs 6, 7, 10A, 10B, 10C, 16A, 17 and 19A. In the first column of paragraph 9 for sub-paragraphs (a)(i) and (ii) substitute the following - "9
(ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948".
In the first column of paragraphs 9(b)(iii) and (iv) substitute -
(iv) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948.". |
After paragraph 10 insert the following paragraph - | ||
"10ZA.
A claimant who is a lone parent who is temporarily in a care home or accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948. |
Any amount applicable to the claimant under paragraphs 1(1)(a), (b) and (c) of Schedule 4A, determined as if he were a single claimant plus -
(b) any amount which would be applicable to the claimant, if he were not living away from home, under regulation 17(1)(c) or (d) in so far as it relates to the lone parent premium and family premium under paragraph 8 of Schedule 2.". |
Column 1 | Column 2 |
National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988, S.I. 1988/551. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1990, S.I. 1990/548. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1990, S.I. 1990/1661. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1991, S.I. 1991/557. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1992, S.I. 1992/1104. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1993, S.I. 1993/608. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1995, S.I. 1995/642. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1995, S.I. 1995/2352. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1996, S.I. 1996/410. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 1996, S.I. 1996/1346. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Regulations 1996, Amendment (No. 3) S.I. 1996/2362. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1997, S.I. 1997/748. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 1997, S.I. 1997/2393. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1998, S.I. 1998/2417. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1999, S.I. 1999/767. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1999, S.I. 1999/2507. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2000, S.I. 2000/621. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 S.I. 2000/837. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2000, S.I. 2000/2870. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001, S.I. 2001/742. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 2001, S.I. 2001/3065. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2001, S.I. 2001/4043. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2002, S.I. 2002/580. | The whole regulations |
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2003, S.I. 2003/671. | The whole regulations |
The National Health Service (Dental Charges) Regulations S.I. 1989/394. | Regulation 7(2) |
The National Health Service (Miscellaneous Dental ChargesAmendments) Regulations 2002 S.I. 2353. | Regulations 2-6 |
[4] S.I. 1992/2977, as amended.back
[5] 1992 c. 4. The relevant regulations are the Income Support (General) Regulations 1987 S.I. 1987/1967.back
[8] S.I. 2000/620 as amended by S.I. 2000/2393, S.I. 2000/3189, S.I. 2001/746, S.I. 2001/2887, S.I. 2002/548, S.I. 2002/2352, S.I. 2003/585, S.I. 2003/699 and S.I. 2003/1084.back
[21] References in any enactment to the regulations so repealed are to be construed as references to the re-enactment in these Regulations. See section 17(2) of the Interpretation Act 1978 (c. 30).back