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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 No. 1104 (W.116) URL: http://www.bailii.org/wales/legis/num_reg/2007/20071104e.html |
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| Made | 27 March 2007 | ||
| Coming into force | 1 April 2007 |
| 1. | Title, commencement and application |
| 2. | Interpretation |
| 3. | NHS travelling 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. | Payment of NHS travelling expenses |
| 10. | Claims for repayment |
| 11. | Repayments |
| 12. | Reimbursement of payments made in respect of NHS travelling expenses |
| 13. | Payment and repayment of NHS foreign travelling expenses |
| 14. | General |
| 15. | Calculation of resources |
| 16. | Calculation of requirements |
| 17. | Transitional provisions |
| 18. | Revocations |
| SCHEDULE 1 — | Modifications of the Income Support (General) Regulations 1987 |
| SCHEDULE 2 — | Revocations |
NHS travelling expenses
3.
—(1) In these Regulations "NHS travelling expenses" ("treuliau teithio GIG") means the travelling expenses which a person necessarily incurs—
for the provision of any services (except personal medical or personal dental services provided under Parts 4 and 5 of the Act) under the care of a consultant in accordance with Parts 1 and 2 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 10 of and paragraph 18 of Schedule 3 to the Act.
(2) In these Regulations "NHS foreign travelling expenses" ("treuliau teithio tramor GIG") means the travelling 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 10 of and paragraph 18 of Schedule 3 to the Act.
(3) NHS travelling expenses and NHS foreign travelling expenses include the travelling 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 travelling expenses must—
(5) The amount of any NHS travelling expenses to which a person is entitled under these Regulations—
(6) A person is entitled to payment of NHS foreign travelling 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" ("ffi GIG.") means any charge which would otherwise be payable—
(2) A person who wishes to rely on entitlement under these Regulations to remission of an 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 £15,050.
(2) Subject to paragraph (3), the following persons are entitled to the payment in full of NHS travelling expenses and the remission in full of an 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 that authority that he or she 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] for whom a responsible local authority is providing support under section 23B(8) of that Act;
(e) any other person who satisfies the National Assembly for Wales in accordance with Part 4 that his or her capital resources do not exceed the capital limit and that his or her income resources do not exceed his or her requirements or exceed his or her requirements by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000[18]; and
(f) a member of the same family as a person described in sub-paragraph (e).
(3) A person's entitlement to the payment in full of NHS travelling expenses or the full remission of an NHS charge arises only if at the time when—
he or she is a person described in paragraph (1) or (2).
Entitlement to partial remission and payment
6.
—(1) Subject to paragraphs (2) and (3), a person is entitled to the payment in part of any NHS travelling expenses and to the remission in part of an NHS charge for relevant dental services provided at the time the travelling 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) Subject to paragraph (3), the amount to which a person is entitled under paragraph (1) is—
(3) In the case of an NHS charge for relevant dental services, the charge which is partially remissible under this regulation, and which must be used for the purposes of the calculation required under paragraph (2)(a), is the charge made—
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 National Assembly for Wales on a form either provided for the purpose by it or approved by it.
(2) On a claim under paragraph (1), the claimant must provide such evidence and information as the National Assembly for Wales may reasonably request within such time as it 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 or herself.
(4) Where a claimant does not comply with requests made by the National Assembly for Wales in respect of the evidence or information or timing mentioned in paragraph (2), the National Assembly for Wales may notify the claimant that the claim will not be determined and must be regarded as closed.
Notices of entitlement
8.
—(1) Where the National Assembly for Wales determines, on a claim made under regulation 7 (claims to entitlement), that the claimant and any member of his or her family are entitled to any remission of an NHS charge or any payment in respect of NHS travelling expenses, it must issue a notice of entitlement to the claimant.
(2) Where a person is entitled to full remission of an NHS charge and payment in full of NHS travelling expenses because he or she is a member of a family described in regulation 5(1)(e) (tax credit families), the National Assembly for Wales must issue a notice of entitlement to that family and in such a case the notice will apply to all 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 upon 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 (1) is valid for 5 years beginning on the date of the claim where the claimant is—
who does not receive any—
(7) Paragraph (6) does not apply to a person who has a dependant child or young person as a member of his or her household.
(8) A notice of entitlement issued under paragraph (2) is valid from such date and for such period as the National Assembly for Wales may determine.
(9) Subject to paragraphs (10), (12) and (13), any change in the financial or other circumstances of a claimant, or of any member of his or her family, during the period of validity of a notice of entitlement will 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).
(10) A claimant who is issued with a notice of entitlement which falls under paragraph (6) must notify the National Assembly for Wales of any change in the composition of his or her family or household during the period of validity of the notice of entitlement and the National Assembly for Wales may withdraw the notice of entitlement or vary the amounts stated on the notice of entitlement as referred to in paragraph (3)(b) if the claimant no longer meets the requirements of paragraphs (6) and (7).
(11) A claimant who is issued with a notice of entitlement to the payment in part of NHS travelling expenses or the remission in part of an NHS charge for relevant dental services may make a further claim in accordance with regulation 7 at any time during the life of the notice if he or she considers that by reason of a change in his or her financial circumstances, or those of any member of his or her family, the amounts stated on the notice of entitlement as referred to in paragraph 3(b) should be reduced.
(12) A claimant to whom a notice of entitlement has been issued under this regulation must return it to the National Assembly for Wales in any case where his or her claim is subsequently found to have been based on a false representation.
(13) A notice of entitlement issued under this regulation is effective only for the purposes of entitlement to remission of NHS charges and payment of NHS travelling expenses in accordance with these Regulations.
(2) Where services are provided pursuant to arrangements made under section 10 of and paragraph 18 of Schedule 3 to the 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 travelling expenses must sign a declaration of entitlement and provide such evidence of his or her entitlement and of his or her travelling expenses as the provider, or as the case may be, the health service body which made the arrangements, may require.
(5) Payment of NHS travelling expenses may be made before the expenses are incurred.
Claims for repayment
10.
—(1) A person who is entitled under these Regulations to full or partial remission of an NHS charge or to full or payment in part of NHS travelling expenses and who pays such a charge or such travelling expenses without exercising his or her 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 or her right to repayment under paragraph (1) must make a claim to the National Assembly for Wales on a form provided for the purposes by it or approved by it.
(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 travelling expenses was made or within such longer period as the National Assembly for Wales may for good cause allow.
(4) Paragraphs (2) to (4) of regulation 7 (claims to entitlement) apply to a claim under this regulation.
Repayments
11.
—(1) Where the National Assembly for Wales is satisfied that a claimant is entitled to any repayment under regulation 10 it must—
(2) Where an NHS trust or other health service body receives notification as mentioned in paragraph (1), it must calculate any amount payable in respect of NHS travelling expenses in accordance with these Regulations and make any repayment due to a claimant in respect of such NHS travelling expenses or NHS charge.
(3) A person who is entitled to repayment in respect of NHS travelling expenses must sign a declaration of entitlement and provide such evidence of his or her entitlement and of his or her travelling expenses as the health service body which is making the repayment may require.
Reimbursement of payments made in respect of NHS travelling expenses
12.
Where a provider makes a payment under regulation 9(1) or (2) or a repayment under regulation 11(a) in respect of NHS travelling expenses incurred by a person who is receiving services from the provider, the amount of the payment or repayment in question will be reimbursed to the provider by the health service body for which those services are provided.
Payment and repayment of NHS foreign travelling expenses
13.
—(1) A person who wishes to claim entitlement to payment or repayment for NHS foreign travelling expenses must apply in writing to the health service body which arranged the services referred to in regulation 3(2) within three months of the expenses having been incurred or such further period as that body may for good cause allow.
(2) Paragraph (2) to (4) of regulation 7 (claims to entitlement) apply to a claim (whether for payment or repayment) made under this regulation as if the references to the National Assembly for Wales 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 or her family must be calculated in the same manner as those of the claimant and must be taken into account as if they were the claimant's 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 or her 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 15 and regulation 16 the provisions of those Regulations must be applied as if—
Calculation of resources
15.
—(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 must be applied in accordance with the modifications specified in the corresponding entries in column 2.
Calculation of requirements
16.
—(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 or her 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 or she is resident with one or more persons, the claimant's liability in respect of that tax for the purposes of these Regulations will be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.
(3) Paragraph (2) does not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only his or her partner.
(4) The provisions of the Income Support Regulations apply and those provisions specified in column 1 of Table B in Schedule 1 must 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 14(3) of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007". |
| 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 herself or any member of the claimant's family, and those payments are made or due to be made at regular intervals, the claimant's normal weekly income from those payments must 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 must 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 or her 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) to (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 employers 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 must, 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 (deductions 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 employment" insert ", except where paragraph (3A) or (9) applies,". |
| Regulation s 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 (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 the capital limit is—
(ii) from 9 April 2007— £22,000;
(b) in any other case—
(ii) from 9 April 2007— £17,250.". |
| Regulation 46 | In paragraph (1) omit the words "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—
(b) from 9 April 2007 £17,250"; and for "£16,000" substitute — " (a) until 8 April 2007 — £21,500; (b) from 9 April 2007— £22,000".
For paragraph (1B) substitute— |
| Regulation s 54 to 60E | Omit these regulations. |
| Regulation 61 | In paragraph (1) in the definition of "academic year" after "September" insert ", or 1 August in the case of a student attending a course in Scotland.". |
| Regulation 62 |
In paragraph (1) for the words "subject to paragraphs (2) and (2A)" substitute "subject to paragraphs (2), (2A) and (2C)". After paragraph (2B) insert— " (2C) There must also be disregarded from a student's grant income—
(b) any sum in excess of the sum set out as the maintenance grant amount in regulation 33(4)(b) of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 (maximum amount of loans for new system eligible students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 29 of those Regulations (maintenance grant); and (c) any sum in excess of the sum set out as the maintenance grant amount in regulation 57(4)(b), (c) or (d), as appropriate, of the Education (Student Support) Regulations (Northern Ireland) 2006 (new system students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 49 of those Regulations (qualifying conditions for the maintenance grant).".
For paragraph (3) substitute—
(b) in the case of a grant 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 grant must 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.".
Omit paragraph (3A). Omit paragraph (3B). In paragraph (4) for "weeks in the period beginning" to "last day of the period of study" substitute "remaining weeks in that period of study". |
| 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" does 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 |
In paragraph (1) after "hardship loan" insert "or any sum paid by way of an additional loan under regulation 10 of the Education (Student Loans) (Scotland) Regulations 2000 (maximum amounts of loans)". 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 must 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, £10 must be disregarded from the weekly amount so apportioned.".
After paragraph (2) insert the following paragraphs— |
| Schedule 8 |
For paragraph 4(3) substitute the following paragraph— " (3) This paragraph applies where—
(b) the claimant is a member of a couple, where at least one partner is aged not less than 60."
In paragraph 4 omit sub-paragraphs (4) and (7). |
| 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 the following paragraph "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 amounts 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". |
and the claimant is a resident of such accommodation due to his or her personal circumstances and not as a carer, then the claimant's weekly applicable amount must be calculated in accordance with Part 1 of Schedule 4A.".
Omit paragraphs 1A, 2A, 6(2), 9, 9A, 10, 12(1)(c), 12(4), 15(2), 15(2A) and 15(3).
In cross heading to paragraph 12 omit "Higher Pensioner and".
In paragraph 12(1)(d)(ii) delete "higher pensioner premium or".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 the claimant's partner has been in receipt of that benefit for at least 28 weeks,".
For paragraph 2(1)(c) substitute—
Omit paragraphs 1A, 2(2), 3(7) to (10), 6 to 16 and 18(7)(e).
(zc) payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;".
In sub-paragraph (2) omit head (c) and for "Subject to" to "amount" substitute
(3B) Where the housing costs, to be calculated in accordance with sub-paragraph (3A), are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction will be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study.".
(2) Except where otherwise provided, no amount will 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 £6000.
In the first column of paragraph 9 for sub-paragraphs (b)(iii) and (iv) substitute the following—
After paragraph 10 insert the following paragraph—
TABLE B
Column 1
Column 2
Regulation 3
In paragraph (1) omit the words "or with whom the 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 paragraph (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 a claimant lives permanently in—
(a) a care home within the meaning of section 3 of the Care Standards Act 2000; or
(b) in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948,
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).
Regulation 21ZB
Omit this regulation.
Regulation 22A
Omit this regulation.
Schedule 2
In column (1) of the Table for sub-paragraphs (1) to (3) substitute—
"
(1) Single person aged not less than 25;
(2) Single person or lone parent aged not less than 60;
(3) Lone parent aged less than 60;
(4) Single person aged less than 25;
(5) Couple;
(6) Couple, where at least one partner is aged not less than 60."
In column (2) of the Table (amounts) substitute—
(a) against sub-paragraph (1) of column (1), the amount prescribed in (1)(e) of column (2) in the unmodified regulations;
(b) against sub-paragraph (2) of column (1), the amount prescribed in regulation 6(1)(b) of the State Pension Credit Regulations;
(c) against sub-paragraph (3) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations;
(d) against sub-paragraph (4) of column (1), the amount prescribed in paragraph (1)(d) of column (2) in the unmodified regulations;
(e) against sub-paragraph (5) of column (1), the amount prescribed in paragraph (3)(d) of column (2) in the unmodified regulations;
(f) against sub-paragraph (6) of column (1), the amount prescribed in regulation 6(1)(a) of the State Pension Credit Regulations.
In paragraph 2(1) omit "for the relevant period specified in column (1)".
In paragraph 3(1)(a) omit the words from "to whom" to "(3) apply" and omit sub-paragraphs (2) to (7).
For paragraph 11(b) substitute the following—
"
(b) where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them.".
In paragraph 12(1)(a)(i) for the words "long term incapacity benefit" substitute "incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks," and omit the words from "but, in the case" to "in respect of him".
In paragraph 12(1)(b) after the words "the claimant" insert "or, as the case may be, his or her partner" and for sub-head (ii) substitute the following sub-head—
"
(ii) has been so entitled or so incapable for a continuous period of at least 28 weeks.".
In paragraph 13(2)(a)(ii) and 13(2)(a)(iii) for "normally residing" substitute the words "residing with him or her" and delete "or with whom he is normally residing".
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—
(a) who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2 and whose capital does not exceed the capital limit; or
(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 or her applicable amount or the applicable amount of a person living with him or her.".
"
(c) he or she in practice shares the housing costs with other members of the household where no member of that household who is liable to meet those costs is a close relative of the claimant or the claimant's partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.".
In paragraph 3(12) for "not exceeding" substitute "is not likely to exceed".
For paragraph 4 substitute—
"
4
No amount may be met under the provision of this Schedule where the claimant is in accommodation which is a care home or accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act except where the claimant is in such accommodation during a temporary absence from the dwelling he or she occupies as his or her home and, in so far as they relate to temporary absences, the provisions of paragraphs 3(11) and (12) apply to the claimant for those absences.".
In paragraph 17—
(a) in the cross heading for the word "Other" substitute the word "Qualifying";
(b) in sub-paragraph (1) omit head (f) and immediately before (a) insert—
"
(za) any periodical payment which a person is liable to make by way of rent in respect of a dwelling that person occupies as his or her home;
(zb) payments of interest and capital—
(i) of a mortgage or loan secured on the dwelling occupied as the home,
(ii) under a hire purchase agreement or other loan to buy the dwelling occupied as the home,
(iii) in respect of a loan taken out to adapt the dwelling occupied as the home for the special needs of a disabled person;
"
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.
After sub-paragraph (3) insert the following new sub-paragraphs—
"
(3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (e) of sub-paragraph (1) payable in respect of a period of study, to be paid irregularly or so that—
(a) no such costs are payable for or collected in the Christmas or Easter vacation with a period of study, or
(b) the costs in respect of the Christmas or Easter vacation within a period of study vary from those in the rest of that period of study,the weekly amount will be the amount payable in respect of a period of study divided by the number of weeks in that period of study.
For paragraph 18(7)(f) substitute—
"
(f) to whom paragraph (2B) of regulation 3 (definition of non-dependant) would apply;".
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 will be the aggregate of—
(a) subject to paragraphs 1(2) and 2, the weekly charge for the accommodation, including all meals and services provided for the claimant or, if the claimant is a member of a family, for the claimant and his or her family increased, where appropriate, in accordance with paragraph 2; and
(b) a weekly amount for personal expenses for the claimant and, if the claimant is a member of a family, for each member of his or her family determined in accordance with paragraph 2.
2
(1) The allowance for personal expenses for the claimant and his or her partner (where appropriate) will be that set out in Schedule 9 of the Social Security Claims and Payments Regulations 1987 at paragraph 4(2A)(a).
(2) Where the claimant has a dependent child or children residing with him or her, the personal expenses allowed for each dependent will be those set out in Schedule 9 of the Social Security Claims and Payments Regulations 1987 at paragraph 4(2A)(a).".
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
(a) —
(i) in a care home, or
(ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948".
"
9
(b) —
(iii) in a care home, or
(iv) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948.".
“10ZA
A claimant who is a lone parent who is temporarily in a care home or accommod- ation 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 the claimant were a single claimant plus—
(a) in respect of each child who is a member of the claimant's family, the appropriate amount in respect of him or her prescribed in paragraph 2 of Schedule 2 or under this Schedule as appropriate; and
(b) any amount which would be applicable to the claimant if the claimant were not living away from home, under regulation 17(1)(c) or (d) in so far as it relates to the family premium under paragraph 3 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 1989, S.I.1989/517 | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No.2) Regulations 1989, S.I.1989/614 | 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) (Modification of Time Limit) Regulations 1990, S.I.1990/918 | 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) Regulations1996, S.I.1996/1346 | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) Amendment No.3 Regulations 1996, 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 (Charges for Drugs and Appliances and 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 (Wales) Regulations 1999, S.I.1999/2840 (W.20) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2001, S.I.2001/1397 (W.92) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (No.2) (Wales) Regulations 2001, S.I.2001/3322 (W.275) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2003, S.I.2003/975 (W.134) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) (No.2) Regulations 2003, S.I.2003/2561 (W.250) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2004, S.I.2004/871 (W.86) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2004, S.I.2004/1042 (W.124) | Regulation 2 |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2005, S.I.2005/1723 (W.135) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2006, S.I.2006/1389 (W.139) | The whole Regulations |
| The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (No.2) Regulations 2006, S.I.2006/2791 (W.232) | The whole Regulations |
[3] 1992 c.4. The relevant Regulations are the Income Support (General) Regulations 1987 S.I. 1987/1967.back
