Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

Entitlement to full remission and payment

5.—(1) Subject to paragraph (3), a person is entitled, without making a claim under regulation 7 (Claims to entitlement), to the payment in full of HS travel expenses and the full remission of a HS charge if –

(a) he is receiving income support;

(b) he is receiving income based jobseeker’s allowance;

(c) he is receiving pension credit guarantee credit;

(d) he is a member of the same family as a person who is receiving income support, income based jobseeker’s allowance or pension credit guarantee credit; or

(e) he is a member of a family one member of which is receiving –

(i) working tax credit and child tax credit,

(ii) working tax credit which includes a disability element or severe disability element, or

(iii) child tax credit, but is not eligible for working tax credit,

provided that the relevant income of the member 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 £14,600.

(2) Subject to paragraph (3), the following persons are entitled to the payment in full of HS travel expenses and the remission in full of a HS charge but are required to make a claim for such payment or remission in accordance with regulation 7 (Claims to entitlement) –

(a) a person who lives permanently in accommodation arranged under Article 15 (General Social Welfare) or Article 36 (Provision of accommodation in premises maintained by voluntary organisations, etc.) of the Order, and who has satisfied the Department 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) any other person who satisfies the Department in accordance with Part V that his capital resources do not exceed the capital limit and that his requirements equal or exceed his income resources; and

(e) a member of the same family as a person described in sub-paragraph (d).

(3) A persons entitlement under paragraph (1) or (2) arises only where he is of a description mentioned in either of those paragraphs at the time when –

(a) the charge is made;

(b) the HS travel expenses are incurred; or

(c) in the case of a charge for the supply of a denture or other dental appliance mentioned in regulation 4(1)(b) or for dental treatment mentioned in regulation 4(1)(c), either –

(i) the arrangements for the treatment or course of treatment are made, or

(ii) the charge is made.