Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

2.  The provisions of the Income Support (General) Regulations 1987 shall be applied as follows:–

(a)as respects the provisions specified in column 1 of Table A in this Schedule, in accordance with the modifications specified in the corresponding entries in column 2;

(b)as if–

(i)references to income support were to the remission of any relevant charges and the payment of any relevant travelling expenses,

(ii)references to an adjudication officer were to the Scottish Ministers, and

(iii)references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with this paragraph;

(c)according to the provisions of regulation 2 of those Regulations (interpretation) but as if there were inserted after the definition of “relative”–

“relevant date” means–

(a)

in the case of a claim made under regulation 9(1) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003, the date of claim; and

(b)

in the case of a claim made under regulation 11(2) of those Regulations, the date when the claimant paid the relevant charge or travelling expenses;

(d)as if the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995(1) and the Income Support (General) Amendment and Transitional Regulations 1995(2) had not been made.

TABLE A

MODIFICATION OF PROVISIONS OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 FOR THE PURPOSES OF PART 1 OF THIS SCHEDULE

Column 1Column 2
Regulation or ScheduleModification
regulation 23(3)As if in paragraph (1) for “section 22(5) of the Act” there were substituted “regulation 8(3) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003”.
regulation 25

As if for the whole of regulation 25 (liable relative payments) there were substituted–

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 any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income from those payments shall be determined–

(a)if before the relevant date those payments are made at regular intervals and in regular amounts, by reference to the normal weekly amount; or

(b)if they are not so made, by reference to the average amount.

(2) Any maintenance payment other than one to which paragraph (1) of this regulation applies shall be treated as capital..

regulation 28As if in paragraph (1) the words from “For the purposes” to “income support)” were omitted; and in paragraph (1)(a) for “the weekly amount of his income” there were substituted “the normal weekly amount of his income at the relevant date”.
regulation 29As if this regulation were omitted.
regulation 30(4)As if in paragraph (1) the words “Except where paragraph (2) applies” were omitted; and paragraph (2) were omitted.
As if in sub-paragraph (1)(a) at the beginning there were inserted the words “except where sub-paragraph (b) or (c) applies,”.
As if in sub-paragraph (1)(b) at the beginning there were inserted the words “except where sub-paragraph (c) applies,”.

As if after sub-paragraph (1)(b) the words “or” and the following new sub-paragraph were inserted–

(c)where the claimant provides in respect of the employment a profit and loss account and, where appropriate, a trading account or a balance sheet or both, and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period terminates within the twelve months preceding the date of claim or, as the case may be, the date when he paid the relevant charge or travelling expenses, over that period..

As if after paragraph (1) the following new paragraph were inserted–

(1A) In paragraph (1)(c)–

(a)“balance sheet” means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question;

(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..

regulation 31As if this regulation were omitted.
regulation 32(5)As if in paragraph (1) for the words from “regulation 29” to paragraphs (2) to (7) there were substituted “regulation 28 (calculation of income)”; and paragraphs 5(2) to (7) were omitted.
regulation 35As if in paragraph 1(d) the words after “employment” were omitted.
regulation 36As if in paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” there were substituted “regulation 28 (calculation of income)”.
regulation 38(6)As if in paragraph (3) for the words “paragraph (9)” there were substituted the words “paragraph (3A) or (9)”.

As if after paragraph (3) there were inserted–

(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 shall, 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–

(a)subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment; and

(b)an amount in respect of–

(i)income tax;

(ii)social security contributions payable under the Social Security Contributions and Benefits Act 1992(7), calculated in accordance with regulation 39 (deduction 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..

As if in paragraph (4) after the word “shall” there were inserted the words “, except where paragraph (4A) or (9) applies,”.

As if after paragraph (4) there were inserted the following new paragraph–

(4A) For the purposes of paragraph (1)(b), 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 shall, 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, subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly or exclusively incurred for the purposes of that employment..

As if in paragraphs (5), (6), (7)(8) and (8) for the words “paragraph (3)(a) or (4)” there were substituted the words “paragraphs (3)(a), (3A)(a), (4) or (4A), as the case may be,”.
regulation 40(9)As if in paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” there were substituted “regulation 28 (calculation of income)”.
regulation 41(10)As if in paragraph (1) for the words from “on (a) the first day” to “the date of that supersession” there were substituted “at (a) the relevant date”; and paragraphs (3) and (4) were omitted.
regulation 42(11)As if in paragraph (4) the words from “and in the case” to “(trade disputes) applies” were omitted.
regulation 44(12)As if in paragraph (1) for the words from “on (a) the first day” to “the date of that supersession,” there were substituted “at the relevant date”; and paragraphs (2), (3), (8) and (9) were omitted.
regulation 45As if this regulation were omitted.
regulation 46(13)As if in paragraph (1) the words from “For the purposes” to “income support” were omitted.
regulation 48(14)As if in paragraph (2) the words from “Except” to “applies”, were omitted; in paragraph (5) the words “Subject to paragraph (6)” were omitted; and paragraphs (6) and (10)(a) and (b) were omitted.
regulation 49(15)As if in sub-paragraph (b)(i) for the words from “first day” to “the date of that supersession,” there were substituted “relevant date”.
regulation 53As if in paragraph (3) the reference to regulation 60 were a reference to regulation 25.
As if in paragraph (1A) for “£10,000” on each occasion it appears there were substituted “£12,000” and as if for “£16,000” there were substituted “£19,500”.
regulations 54 to 60As if these regulations were omitted.
regulation 61As if, in the case of a student supported by the Student Awards Agency for Scotland, in the definition of “academic year”, for “1st September” there were substituted “1st August”.
regulation 62As if in paragraph (3) from the beginning to the words “shall be apportioned” there were substituted “Subject to paragraph (3A), a student’s grant income shall be apportioned”.
As if in paragraph (3A) the words “under the provisions referred to in paragraph (3)” and the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.
As if paragraph (3B) were omitted.
regulation 63As if in paragraph (2) the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.
regulation 64As if in paragraph (1)(c) the words, “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.
regulation 65(16)As if for the words “No part” there were substituted the words “(1) Subject to paragraph (2) below, no part”.

As if the following paragraph were added to the regulation–

(2) For the purposes of this regulation and paragraph 15 of Schedule 9 “voluntary payment” shall not include any payment made by a person whose income a Minister of the Crown or an education authority–

(a)would take into account in assessing the amount of a student’s grant or student’s loan if an application for it were to be made; or

(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

As if for paragraph (2) there were substituted–

(2) In calculating the weekly amount of the loan to be taken into account as income–

(a)except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year; or

(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 shall 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, from the weekly amount so apportioned there shall be disregarded £10..

As if after paragraph (2) there were inserted the following paragraphs:–

(2A) This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.

(2B) This paragraph applies where the claimant is a student to whom paragraph 12 of Schedule 1B to these Regulations applies.

(2C) This paragraph applies where the student is a partner of a claimant and the claimant is not also a student..

Schedule 8(17)As if in paragraph 4(2) after the words “disability premium” the words “or higher pensioner premium” were inserted.
As if sub-paragraphs (3), (4), and (7) of paragraph 4 were omitted.
As if paragraph 6 were omitted.
As if in paragraph 7(1)(18), for the words “none of paragraphs 4 to 6B”, there were substituted the words “neither of paragraphs 4 or 5”.
As if in paragraph 8(19) the words “part time” were omitted.

As if there were inserted after paragraph 8 the following paragraph–

8A.  In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are disregarded under this paragraph are less than £10..

As if in paragraph 9 for “8” there were substituted “8A”.
As if paragraphs 10, 13 and 16 were omitted.
Schedule 9As if in paragraph 15(20) the references to paragraph 37 were omitted in sub paragraph (1); and sub-paragraph (3)(b) were omitted.
As if in paragraph 16(21) for the words “paragraphs 36 and 37” there were substituted “paragraph 36”.
As if in paragraph 21(1)(22) the words from “or in the case” to “applies” were omitted.
As if in paragraph 28(23) the words from “Except” to “return to work)” were omitted.

As if for sub-paragraph (1) of paragraph 29 the following sub-paragraph was substituted–

(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–

(a)repayments of unsecured loans for the purpose of carrying out repairs and improvements to the dwelling occupied as the home;

(b)any amount due by way of premiums on that policy..

Schedule 10As if in paragraph 17(24) for the words from “Except” to “payment” there were substituted the words “Any payment”.
(1)

S.I. 1995/1613.

(2)

S.I. 1995/2287.

(3)

Amended by S.I. 1998/1228 regulation 6.

(4)

Amended by S.I. 1993/2119, regulation 11.

(5)

Amended by S.I. 1988/663, regulation 15 and 1989/1323, regulation 10.

(6)

Amended by S.I. 1988/663, regulation 17.

(8)

Amended by S.I. 1999/3178, Schedule 5, paragraph 2.

(9)

Amended by S.I. 1988/2002, regulation 9.

(10)

Amended by S.I. 1999/3178, Schedule 5, paragraph 3 and 2000/2545, regulation 2(1)(a).

(11)

Regulation 4 was amended by S.I. 1988/663, regulation 19, 1988/1445, regulation 10, 1989/534, Schedule 1, paragraph 7, 1991/1559, regulation 8, 1993/315, Schedule, paragraph 2, 1994/527, regulation 4, 1995/2792, regulation 6(2), 1995/3282, regulation 2 and 1999/2640, regulation 2(1).

(12)

Amended by S.I. 1998/3178, Schedule 5, paragraph 5.

(13)

Amended by S.I. 1988/2022, regulation 10.

(14)

Paragraph (2) was amended by S.I. 1988/1445, regulation 11.

(15)

S.I. 1999/3178, Schedule 5, paragraph 6.

(16)

Amended by S.I. 1996/462.

(17)

Amended by S.I. 2001/3767, regulation 2(1) and Schedule.

(18)

Amended by S.I. 1993/315, regulation 8 and S.I. 2000/2545, regulation 3 and Schedule, paragraph 2.

(19)

Amended by S.I. 2000/2545, regulation 3 and Schedule, paragraph 2.

(20)

Amended by S.I. 1993/2119, regulation 23, 1996/462, regulation 8 and 2002/2442, regulation 3.

(21)

Amended by S.I. 1995/2792, regulation 2 and 2002/841, regulation 2.

(22)

S.I. 2000/636, regulation 3(12).

(23)

S.I. 1988/663, regulation 35, 1989/1034, regulation 12, 1992/468, Schedule, paragraph 9 and 2001/3070, article 3(2) and Schedule 1, paragraph (c).

(24)

Amended by S.I. 1988/663, regulation 36, 1989/1034, regulation 12 1992/468, Schedule, paragraph 10 and 2001/3070, article 3(2) and paragraph (c) of Schedule 1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources