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The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 3) Regulations 2008

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Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

This section has no associated Executive Note

5.  In Table B of the Schedule (modifications of the Income Support (General) Regulations 1987 for the purposes of Part II of this Schedule)–

(a)in column (2) of the entry relating to regulation 18 (polygamous marriages), after the first entry insert–

For regulation 18(1)(a) and (b) substitute–

(a)where each member of the marriage is aged less than 60–

(i)the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub paragraph (5) of paragraph 1 of Schedule 2; and

(ii)an amount equal to the difference between the amounts specified in sub-paragraphs (5) and (1) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken into account in determining the amount under (i) above;

(b)where any member of the marriage is aged 60 or more–

(i)the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub paragraph (6) of paragraph 1 of Schedule 2; and

(ii)an amount equal to the difference between the amounts specified in sub-paragraphs (6) and (2) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken into account in determining the amount under (i) above;.; and

(b)in column (2) of the entry relating to Schedule 2 (applicable amounts)–

(i)after the second entry insert–

After paragraph 1 (personal allowances) insert–

1ZA.(1) A single claimant or lone parent aged less than 25 who–

(a)is entitled to an ESA component; or

(b)is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which begins no earlier than 27th October 2008,

has a personal allowance equal to the amount of the personal allowance which would apply if that person were not less than 25 years old.

(2) In sub-paragraph (1) “ESA component” means a support component or a work-related activity component within the meaning of section 4 of the Welfare Reform Act..;

(ii)for the entry relating to paragraph 11(b) (disability premium), substitute–

For paragraph 11(1) substitute–

11.(1) Subject to sub-paragraph (2), the condition is that–

(a)where the claimant is a person aged less than 60 who is a single claimant or a lone parent, an additional condition specified in paragraph 12 is satisfied; or

(b)where the claimant has a partner and both the claimant and the partner are aged less than 60, an additional condition specified in paragraph 11A(1) or 12 is satisfied by at least one of them; or

(c)where the claimant is a person aged less than 60 who is a single claimant or a lone parent, an additional condition specified in paragraph 11A(2) is satisfied..

After paragraph 11 insert–

11A.(1) The additional conditions referred to in paragraph 11(1)(b) are–

(a)the claimant is a member of a couple and a member of that couple has been awarded employment and support allowance which includes an ESA component; or

(b)the claimant is a member of a couple and a member of that couple has been in receipt of employment and support allowance for 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27th October 2008.

(2) The additional conditions referred to in paragraph 11(1)(c) are–

(a)the claimant is a single claimant or lone parent who is in receipt of an employment and support allowance which includes a support component;

(b)the claimant is a single claimant or lone parent who is in receipt of an employment and support allowance which includes a work-related activity component;

(c)the claimant is a single claimant or lone parent who has been in receipt of employment and support allowance for a period of 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27th October 2008;

(d)the claimant is a–

(i)single claimant or lone parent;

(ii)severely disabled person within the meaning of paragraph 13(2)(a)(i); and

(iii)person who has been in receipt of employment and support allowance for a period of not less than 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27th October 2008.

(3) In this paragraph–

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;

“ESA component” means either a support component or a work-related activity component; and

“support component” and “work-related activity component” have the same meanings as in section 4 of that Act..; and

(iii)after the entry relating to paragraph 13(2)(a)(ii) and (b)(iii) insert–

For paragraph 13A(1) (enhanced disability premium)(1) substitute–

13A.(1) Subject to sub-paragraph (2), the conditions are that–

(a)the claimant is aged less than 60 and, where the claimant is a member of a couple, the claimant’s partner is aged less than 60; and

(b)the claimant or, as the case may be, the claimant’s partner is–

(i)in receipt of employment and support allowance which includes a support component; or

(ii)in receipt of the care component of disability living allowance at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act or would be in receipt of that component at that rate but for either a suspension of benefit in accordance with regulations made under section 113(2) of that Act or an abatement as a consequence of hospitalisation..

After paragraph 13A(2) insert–

(3) In this paragraph “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act and “support component” has the same meaning as in section 4 of that Act..

In paragraph 15(4)(a) (weekly amount of disability premium) for the entry in the left column substitute–

(a)where the condition in paragraph 11(1)(a) is satisfied or the condition in paragraph 11(1)(c) and an additional condition in paragraph 11A(2) (b) or (c) are satisfied;

After paragraph 15(4)(a) insert–

(aa)where the condition in paragraph 11(1)(c) and an additional condition in paragraph 11A(2) (a) or (d) are satisfied;

(aa)an amount equal to the support component in paragraph 13 of Schedule 4 to the Employment and Support Allowance Regulations.

In paragraph 15(4)(b) (weekly amount of premium) for the entry in the left column substitute–

(b)where the condition in paragraph 11(1)(b) and an additional condition in paragraph 11A(1) or paragraph 12 are satisfied;.

(1)

Paragraph 13A was inserted by S.I. 2000/2629.

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