The Travelling Expenses and Remission of Charges (Amendment No.2) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 437

HEALTH AND PERSONAL SOCIAL SERVICES

The Travelling Expenses and Remission of Charges (Amendment No.2) Regulations (Northern Ireland) 2007

Made

15th October 2007

Coming into operation

9th November 2007

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 45, 98, 106 and 107(6) of, and paragraphs 1(b) and 1B of Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972(2) and with the approval of the Department of Finance and Personnel in so far as they relate to the remission of charges, and in conjunction with the Department of Finance and Personnel in so far as they relate to travelling expenses.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Travelling Expenses and Remission of Charges (Amendment No.2) Regulations (Northern Ireland) 2007 and shall come into operation on 9th November 2007.

(2) In these Regulations—

“the principal Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004(3); and

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4).

Amendment of Schedule 1 to the Principal Regulations

2.—(1) Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations (Northern Ireland) 1987) is amended as provided by paragraph (2).

(2) In Table A, in the modifications of regulation 66A of the Income Support Regulations, for the first entry, substitute—

“For paragraph (1), substitute—

“(1) A student loan shall be treated as income unless it is—

(a) a hardship loan; or

(b) an additional loan, as described in the Guide to Student Support issued by the Student Awards Agency for Scotland 2007-2008(5),

paid pursuant to an application for a loan made under regulation 5(1) or (9) of the Education (Student Loans) (Scotland) Regulations 2007 (applications for loans)(6), in which case it shall be disregarded”.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th October 2007.

Christine Jendoubi

A senior officer of the Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to travelling expenses on 15th October 2007.

Jack Layberry

A senior officer of the Department of Finance and Personnel

The Department of Finance and Personnel hereby approves the foregoing Regulations insofar as they relate to remission of charges.

Sealed with the Official Seal of the Department of Finance and Personnel on 15th October 2007.

Jack Layberry

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (“the principal Regulations”), which provide for remission and payment of certain charges which would otherwise be payable under the Health and Personal Social Services (Northern Ireland) Order 1972 and for the payment by the Department of Health, Social Services and Public Safety of travelling expenses incurred in attending a hospital.

In calculating a person’s resources and requirements under the principal Regulations in order to establish whether a person can claim entitlement to remission of Health Service charges and the payment Health Service travelling expenses, a modified version of the Income Support (General) Regulations 1987 is used, as set out in Schedule 1 to the principal Regulations.

These regulations modify Schedule 1 of the principal Regulations to provide that any hardship loan or any additional loan, the eligibility for which is set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, and which is paid under the Education (Student Loans) (Scotland) Regulations 2007, should be disregarded in the calculation of a student’s loan income.

(1)

See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14) as amended by Article 3(2) of, and paragraph 3 of Schedule 1 to, the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)); paragraphs 4 and 5 of Article 8 of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)); Article 34 of, and Part II of Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) there are other amendments which are not relevant

(3)

S.R. 2004 No. 91; relevant amending Regulations are S.R. 2004 Nos. 156 and 162, S.R. 2005 Nos. 107 and 386, S.R. 2006 Nos. 136, 190 and 333 and S.R. 2007 No. 264

(4)

S.R. 1987 No. 459

(5)

The Guide is available on the Student Awards Agency for Scotland website at http://www.saas.gov.uk

(6)

S.S.I. 2007/154