The Recovery of Health Services Charges (General) and (Amounts) (Amendment) Regulations (Northern Ireland) 2009

Regulation 2

SCHEDULE 1 AMENDMENT OF THE PRINCIPAL REGULATIONS

Amendment of regulation 2

1.  In regulation 2 of the principal Regulations (amount of health services charges)—

(a) in paragraph (1) for “regulation 3” substitute “regulation 3 and 3A”;

(b) in paragraph (1)(a) for “£165” substitute “£171”;

(c) in paragraph (1)(b)(i) for “£547” substitute “£566”;

(d) in paragraph (1)(b)(ii) for “£672” substitute “£695”; and

(e) in paragraph (4) for “£40,179” substitute “£41,545”.

Amendment of regulation 3

2.  After regulation 3 (amount of health services charges: further provision) insert—

“Amount of health services charges: in respect of visitors' charges

3A.—   This regulation applies to a certificate where the amount to be specified in the certificate is determined under Article 5 on or after 1st April 2009; and

(2) This paragraph applies where—

(a) a charge has been made in respect of an injured person in accordance with Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972, there being no exemption from charges under the Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005, for the provision of health services treatment; and

(b) the compensation payment made to or in respect of that injured person includes an amount in respect of the charge referred to in sub-paragraph (a).

(3) Where paragraph (2) applies, the amount for the purpose of Article 5 to be specified in relation to health services treatment at a hospital in the certificate which relates to the compensation payment referred to in paragraph (2)(b) shall be £0.00.”.

Regulation 3

SCHEDULE 2 AMENDMENT OF THE 2006 REGULATIONS

Amendment of regulation 1

1.  In regulation 1(2) of the 2006 Regulations (citation, commencement and interpretation) insert the following definitions in the appropriate alphabetical position—

““the 2005 Regulations” means the Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005;

“visitor” means a person not ordinarily resident in Northern Ireland;

“visitors' charge” means a charge in accordance with Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 for the provision of health services treatment, where no exemption from charges under the 2005 Regulations applies.”.

Amendment of regulation 2

2.  In regulation “2(1)(f) of the 2006 Regulations (application for a certificate of health services charges) after “was made” insert “, whether that payment includes an amount in respect of a visitors' charge and, if so, documentary evidence of that amount”.

Amendment of regulation 5

3.  In regulation 5 of the 2006 Regulations (information to be provided in relation to an injured person)—

(a) at the end of paragraph (3)(f)(ii) omit “and”;

(b) after paragraph (3)(g) insert—

“and

(h) whether the claim for compensation includes payment of a visitors' charge.”;

(c) at the end of paragraph (4)(d) omit “and”; and

(d) after paragraph (4)(e) insert—

“and

(f) whether a visitors' charge has been made in respect of the injured person.”.