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The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003

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Repayment

11.—(1) Subject to the following provisions of these Regulations, a person of a description prescribed by regulations 4 or 5(1) who pays any relevant charges or relevant travelling expenses without exercising the person’s right under regulations 3(1) or 5(1) to remission or payment is entitled to be repaid whatever amount would otherwise have been remitted or paid.

(2) Subject to paragraph (3), it is a condition of the entitlement to repayment under paragraph (1) of a person of any description that the person makes a claim to the Scottish Ministers for repayment within three months after payment of the relevant charges or relevant travelling expenses (or within such further period as the Scottish Ministers may for good cause allow) and that the person makes that claim on a form provided by or on behalf of the Scottish Ministers for that purpose for persons of that description.

(3) Subject to paragraph (4), where a person is unable for the time being to act, a claim may be made on behalf of that person by another person.

(4) The Scottish Ministers may refuse to accept a claim made by one person on behalf of another where, in the Scottish Ministers' opinion–

(a)the person on whose behalf the claim is made is able to act; or

(b)the person making the claim is not a suitable person to act on behalf of that other person.

(5) It is a further condition of entitlement to repayment under paragraph (1) that the claimant produces in support of the claim such evidence as the Scottish Ministers may reasonably require.

(6) Where the Scottish Ministers are satisfied that a claimant is entitled to any repayment under paragraph (1) they shall–

(a)in the case of a repayment to be made in respect of–

(i)a relevant charges made by an NHS trust or a Health Board, other than a charge for drugs or for appliances mentioned in sub-paragraphs (a), (c) or (d) of regulation 5(1) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1); and

(ii)relevant travelling expenses incurred by a person in attending a hospital managed by an NHS trust or a Health Board,

authorise in writing the repayment of the amount in question to the claimant by the NHS trust or the Health Board; or

(b)in any other case, cause a repayment to be made to the claimant in such manner as appears to the Scottish Ministers to be appropriate in the circumstances of the particular case.

(7) On receipt of an authorisation given under paragraph (6)(a) the NHS trust or the Health Board shall pay the amount in question to the claimant.

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