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The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2004

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Amendment of the principal Regulations

2.—(1) The principal Regulations are amended as follows.

(2) In regulation 2 (interpretation)–

(a)omit “unless the context otherwise requires”;

(b)in the definition of “date of claim”, omit “in an appropriate office or by the Secretary of State” and insert “by or on behalf of the Scottish Ministers”;

(c)after the definition of “capital limit”, insert ““child” means a person who has not attained the age of 16;”; and

(d)after the definition of “the relevant income” insert ““severe disability element” means the severe disability element of working tax credit as specified in section 11(6)(d) of the Tax Credits Act 2002(1);”.

(3) In regulation 3 (entitlement to full remission and payment)–

(a)in paragraph (3) omit “under the care of a hospital consultant”; and

(b)omit paragraph (6).

(4) In regulation 4(2)(j) (description of persons entitled to full remission and payment)–

(a)in sub–paragraph (i)(bb) after “disability element” insert “or severe disability element”; and

(b)in sub–paragraph (ii) for “£14,200” substitute “£14,600”.

(5) In regulation 7 (payment to persons resident in the Highlands and Islands)–

(a)in paragraph (1) omit “under the care of a hospital consultant”;

(b)in paragraph (1)(a) for “home” substitute “normal place of residence”; and

(c)for (2)(b) substitute–

(b)those of a companion in a case where–

(i)the person is a child; or

(ii)it is necessary on medical grounds for that person to be accompanied..

(6) In regulation 8(2) (calculation of resources and requirements)–

(i)in sub–paragraph (a) after “requirements” insert “calculated as”;

(ii)in sub–paragraph (b) after “requirements” insert “calculated as”; and

(iii)for “and in each case in accordance with the provisions of these Regulations in force at that date” substitute “in accordance with the provisions of these Regulations, as amended from time to time, which are in force at that date”.

(7) In regulation 9(1) (claims for remission or payment)–

(a)omit–

(i)“who falls within sub–paragraph (a) or (b) below and”; and

(ii)“and processing”; and

(b)for “their” where it first occurs, substitute “the person's”.

(8) In Table B in the Schedule, in the entry relating to Schedule 7, omit the words “After paragraph 10 insert” to the end and substitute–

After paragraph 10 insert–

10ZA.  A claimant who is a lone parent who is temporarily in accommodation provided by a care home service provider or by a local authority under section 21 to 24 and 26 of the National Assistance Act 1948.

10ZA.  Any amount applicable to the claimant under paragraph 1(1) of Schedule 4A, 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 of Schedule 2 or under this Schedule as appropriate; and

(b)any amount which would be applicable to the claimant, if he were not living away from home, under regulation 17(1)(c) or (d) in so far as it relates to the family premium under paragraph 3 of Schedule 2..

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