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

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4.  The provisions of the Income Support (General) Regulations 1987 specified in column (1) of Table B in this Schedule shall be applied–

(a)in accordance with the modifications specified in the corresponding entries in column (2); and

(b)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 B

MODIFICATIONS OF PROVISIONS OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 FOR THE PURPOSES OF PART II OF THIS SCHEDULE

Column 1Column 2
Regulation or ScheduleModification
regulation 3(3)As if in paragraph (1) the words “or with whom a claimant normally resides” were omitted.
As if in paragraph (2B) the words “Subject to paragraph (2C),” were omitted.
As if paragraph (2C) were omitted.
regulation 17(4)As if for the words from “18 to 22A” to “urgent cases)” there were substituted “18 to 21”; and as if sub-paragraphs (bb) and (g) of paragraph (1) were omitted.
regulation 18(5)As if for the words from “19 to 22” to “urgent cases)” there were substituted “19 and 21”; and as if sub-paragraphs (cc) and (h) of paragraph (1) were omitted.
regulation 21(6)As if in paragraph (1) the words from “Subject to” to “amounts)” were omitted.
As if in paragraph (3) the definition of “residential accommodation” were omitted.
As if paragraphs (3A), (4) and (4A) were omitted.
Schedule 2

As if in column (1) of the Table in paragraph 1, for heads (b) and (c) of sub-paragraphs (1) and (2) there were substituted the following heads in each of those subparagraphs–

(b)less than 18 and in respect of whom an amount is applicable under Schedule 3;

(c)less than 18 who–

(i)satisfies the condition in paragraph 11;

(ii)is undergoing youth training; or

(iii)is in remunerative work;.

As if in column (1) of the Table in paragraph 1, for sub paragraph (3) there were substituted–

(3) Couple–

(a)except where head (b) applies, where both members are aged less than 18;

(b)where both members are aged less than 18 and–

(i)at least one of them is undergoing youth training;

(ii)at least one of them is in remunerative work;

(iii)in respect of at least one of them an amount is applicable under paragraph 2;

(iv)at least one of them satisfies the conditions in paragraph 11; or

(v)in respect of at least one of them an amount is applicable under Schedule 3;

(c)where one member is aged not less than 18; or

(d)where both members are aged not less than 18..

As if in column (2) of the Table in paragraph 1, head (e) were omitted.

As if in column (1) of that Table for both sub-paragraphs (1)(c) and (2)(c)(7) there were substituted in each case the following sub paragraph–

(c)less than 18 who–

(i)satisfies the condition in paragraph 11;

(ii)is undergoing youth training; or

(iii)is in remunerative work;.

As if paragraph 1A were omitted.

As if in paragraph 2–

(a)

in sub-paragraph (1) the words “for the relevant period specified in column (1)” were omitted;

(b)

For column (1) of the table there were substituted–

  • Persons aged–

    (a)

    less than 16 years; or

    (b)

    not less than 16 years but less than 19 years.; and

(c)

sub-paragraph (2) were omitted.

As if paragraph 2A were omitted.

As if in paragraph 3–

(a)

in sub-paragraph (1)(a) the words “to whom the conditions in both sub-paragraphs (2) and (3) apply” were omitted; and

(b)

sub-paragraphs (2) to (7) were omitted.

As if paragraphs 9 and 9A were omitted.

As if for paragraph 10 there were substituted–

10.(1) Where the claimant is a single claimant or a lone parent, the condition is that he is aged not less than 60.

(2) Where a claimant has a partner, the condition is that he or his partner is aged not less than 60..

As if for sub-paragraph (b) of paragraph 11 there were substituted–

(b)where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them;.

As if in paragraph 12(1)(a)(i)(8)–

(a)

for the words “long term incapacity benefit” the first time they appear, there were substituted the words “incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks,”; and

(b)

the words from “but, in the case” to the end were omitted.

As if in paragraph 12(1)(b)(9)–

(a)

after the words “the claimant” there were inserted the words “or, as the case may be, his partner”; and

(b)

for sub-head (ii) there were substituted the following sub-head–

(ii)has been so entitled or so incapable for a continuous period of at least 28 weeks;.

As if in paragraph 12 sub-paragraphs (1)(c) and (4) were omitted.
As if in paragraph 13(2)(a)(ii) and (2)(b)(iii)(10) for the words “normally residing with him or with whom he is normally residing” there were substituted the words “residing with him”.
As if in paragraph 15 sub-paragraphs (2) and (2A) were omitted.
Schedule 3

As if in paragraph 1–

(a)

in sub-paragraph (1)(b) for the words “paragraphs 15 to 17” there were substituted the words “paragraph 17”;

(b)

for sub-paragraph (2), the following sub-paragraph were substituted–

(2) In this Schedule “period of study” has the meaning specified in regulation 61 (student interpretation).; and

(c)

for sub-paragraph (3) there were substituted–

(3) For the purposes of this Schedule a disabled person is a person–

(a)(i)who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2; and

(ii)whose capital does not exceed the capital limit;

(b)(i)who is aged 75 or over; and

(ii)whose capital does not exceed the capital limit; or

(c)in respect of whom a disabled child premium is included in his applicable amount or the applicable amount of a person living with him..

As if in paragraph 2–

(a)

in sub-paragraph (1) for head (c) the following head were substituted–

(c)he in practice shares the housing costs with other members of the household where no member of that household who is liable to meet those costs is a close relative of the claimant or his partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.; and

(b)

sub-paragraph (2) were omitted.

As if in paragraph 3–

(a)

sub-paragraphs (8) to (10) were omitted;

(b)

in sub-paragraph (11)(c)(ix) the words “other than a person to whom sub-paragraph (8) applies” were omitted; and

(c)

in sub-paragraph (12) for the words “not exceeding” there shall be substituted the words “which is not likely to exceed”.

As if for paragraph 4 the following paragraph were substituted–

Housing costs not met under this Schedule

4.  No amount may be met under the provisions of this Schedule where the claimant is in accommodation which is a residential care home or a nursing home except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and, in so far as they relate to temporary absences, the provisions of paragraph 3(11) and (12) apply to him during that absence..

As if paragraphs 6 to 16 were omitted.

As if in paragraph 17–

(a)

in the cross heading for the word “Other” there were substituted the word “Qualifying”;

(b)

in sub-paragraph (1)–

(i)

the following new heads were inserted immediately before head (a)–

(za)any periodical payment which a person is liable to make by way of rent in respect of the dwelling he occupies as his home;

(zb)payments of interest and capital–

(i)of a mortgage or loan secured on the dwelling occupied as the home;

(ii)under a hire purchase agreement or other loan to buy the dwelling occupied as the home; and

(iii)in respect of a loan taken out to adapt the dwelling occupied as the home for the special needs of a disabled person;

(zc)payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;; and

(ii)

head (f) were omitted;

(c)

in sub-paragraph (2)–

(i)

for the words from “Subject to” to “amounts” there shall be substituted the words “Subject to sub-paragraphs (3), (3A) and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (e) of sub-paragraph (1)”;

(ii)

in head (a) the words from “unless the claimant” to the end of the head shall be omitted; and

(iii)

head (c) shall be omitted;

(d)

in sub-paragraph (3) at the beginning there shall be inserted the words “Subject to sub-paragraphs (3A) and (3B),”; and

(e)

after sub-paragraph (3) there shall be inserted the following new sub-paragraphs–

(3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (e) of sub-paragraph (1) payable in respect of a period of study, to be paid irregularly, or so that–

(a)no such costs are payable for or collected in the Christmas or Easter vacations within a period of study; or

(b)the costs in respect of the Christmas or Easter vacations within a period of study vary from those in the rest of that period of study,

the weekly amount shall be the amount payable in respect of a period of study divided by the number of weeks in that period of study.

(3B) Where housing costs, to be calculated in accordance with sub-paragraph (3A), are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction shall be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study..

As if in paragraph 18, in sub-paragraph (7)–

(a)

head (e) were omitted; and

(b)

for head (f) the following head were substituted–

(f)to whom paragraph (2B) of regulation 3 (definition of non dependant) would apply;.

Schedule 7As if the references in paragraph 1 to sub paragraph (g) of regulation 17(1) and sub paragraph (h) of regulation 18(1)(11) were omitted.
As if paragraphs 7, 9(b)(iii), 10A, 10B, 10C, 13 and 17 were omitted.
As if after paragraph 10 there were inserted the following paragraph–

“10ZA.  A claimant who is a lone parent who is in a residential care home or nursing home temporarily.

10ZA.  Any amount applicable to the claimant under paragraph 1(1)(a), (b) and (c) of Schedule 4, determined as if he were a single claimant, plus–

(a)in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) of Schedule 2 or under this Schedule as appropriate; and

(b)any amount which would be applicable to the claimant, if he were not temporarily living away from home, under regulation 17(1)(c) or (f) or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.”.

(1)

S.I. 1995/1613.

(2)

S.I. 1995/2287.

(3)

Paragraph (1) was amended by S.I. 1991/2334, regulation 2 and 1994/3061, regulation 2(2).

(4)

The words “18 to 22A” were inserted by S.I. 1996/206, regulation 9.

(5)

The number “21” was inserted by S.I. 2001/3767, regulation 2 and Schedule, and “to 22A” were inserted by S.I. 1996/206, regulation 10.

(6)

Amended by S.I. 1994/2139, regulation 3.

(7)

Paragraphs (1) and (2) were amended by S.I. 1996/206, regulation 23 and Schedule 2.

(8)

Paragraph 12(1)(a)(i) was amended by S.I. 1991/2742, regulation 11, 1994/2139, regulation 30, 1995/482, regulation 16 and 1999/2566, regulation 2(2) and Schedule 2, Part II.

(9)

Relevant amending instrument is S.I. 1995/482

(10)

Paragraph 13(2)(a)(ii) and (2)(b)(iii) was amended by S.I. 1994/3061, regulation 2(3).

(11)

Regulations 17(1) and 18(1) were amended by S.I. 2002/668, article 16(7) and Schedule 4.

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