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The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017 and come into force on 1st April 2017.

(2) In these Regulations—

“the 1998 Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998(1); and

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

Amendment of the 1998 Regulations

2.—(1) Regulation 8 of the 1998 Regulations (eligibility – supply of optical appliances) is amended as follows.

(2) For paragraph (3)(q) substitute—

(q)in the relevant assessment period he—

(i)received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £435.00 or less and—

(aa)the universal credit award did not include the child element; and

(bb)he or, in the case of a couple, both members of the couple, did not have limited capability for work;

(ii)received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £935.00 or less and either, or both, of the following sub-paragraphs apply—

(aa)the universal credit award included the child element;

(bb)he or, in the case of a couple, either member or both members of the couple, had limited capability for work; or

(iii)was a qualifying young person for whom a recipient referred to in sub-paragraph (ii) was responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder)..

(3) In paragraph (4)(e)—

(a)for head (v) (definition of “LCW element”) substitute—

(v)“limited capability for work” means limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40(3) respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related  activity);;

(b)omit head (vi) (definition of “LCWRA element”); and

(c)after head (vii) (definition of “qualifying young person”) insert—

(viia)“relevant assessment period” means the assessment period immediately preceding that in which the supply of the optical appliance is paid for;.

(4) After paragraph (4) insert—

(4A) In relation to paragraph (3)(q), where paragraph (4B) applies, a person is to be treated as a person of a description specified by regulation 8(2) for the purposes of regulation 20.

(4B) This paragraph applies where the conditions in heads (i), (ii) or (iii) of paragraph (3)(q) are satisfied in the assessment period in which the optical appliance is paid for and—

(a)there is no relevant assessment period; or

(b)none of those conditions were satisfied in the relevant assessment period..

Amendment of the 2003 Regulations

3.—(1) The 2003 Regulations are amended as follows.

(2) In regulation 2 (interpretation)—

(a)omit the definitions of “LCW element” and “LCRWA element”;

(b)after the definition of “the Income Support Regulations” insert—

“limited capability for work” means limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related activity);

(c)after the definition of “qualifying young person” insert—

“relevant assessment period” means the assessment period immediately preceding that in which the relevant charge or relevant travel expense is incurred;; and

(d)in the definition of “single person”, for “(bza)” substitute “(bb)”.

(3) In regulation 4 (description of persons entitled to full remission and payment)—

(a)for paragraphs (2)(ba) to (2)(bb) substitute—

(ba)a person who, in the relevant assessment period, was in receipt of universal credit, either as a single person or as a member of a couple, where—

(i)the universal credit award did not include the child element;

(ii)the single person or, in the case of a couple, both members of the couple, did not have limited capability for work,

and either the single person had earned income or, in the case of a couple, the couple had combined earned income, of £435.00 or less;

(bb)a person who, in the relevant assessment period, was in receipt of universal credit, either as a single person or as a member of a couple, where one or both of the following apply—

(i)the universal credit award included the child element;

(ii)the single person or, in the case of a couple, either member or both members of the couple, had limited capability for work,

and either the single person had earned income or, in the case of a couple, the couple had combined earned income, of £935.00 or less;

(bc)a child or a qualifying young person for whom a recipient referred to in sub-paragraph (bb) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made under that Part);; and

(b)after paragraph (2) insert—

(3) In relation to sub-paragraphs (2)(ba) to (bc), where paragraph (4) applies, a person is entitled to repayment of the relevant charge or the relevant travel expense under regulation 11.

(4) This paragraph applies where the conditions in sub-paragraph (2)(ba), (bb) or (bc) are satisfied in the assessment period in which the relevant charge or relevant travel expense is incurred and—

(a)there is no relevant assessment period; or

(b)none of those conditions were satisfied in the relevant assessment period..

(4) In Table A of the schedule—

(a)in the modification of regulation 62 (calculation of grant income), in the inserted paragraph (2C)(b)(4)—

(i)for “regulations 41 to 44 of the Education (Student Support) (Wales) Regulations 2012” substitute “regulations 36 to 39 of the Education (Student Support) (Wales) Regulations 2015(5)”; and

(ii)for “regulations 51 to 55” substitute “regulations 46 to 49”; and

(b)in the modification of regulation 66A(6) (treatment of student loans and postgraduate master’s degree loans)—

(i)at the beginning of paragraph (1), for “A student loan” substitute “Subject to paragraph (1B), a student loan”; and

(ii)after paragraph (1A), insert—

(1B) Where a student is a 2016 cohort student for the purposes of the Education (Student Support) Regulations 2011 and a loan is available to that student under Part 6 of those Regulations (loans for living costs), the amount to be disregarded as income (if greater than zero) is A-B, where—

(a)A is the amount of that loan, as calculated in accordance with regulation 71(1)(g) (general) of those Regulations; and

(b)B is the maximum amount of such a loan that is available to an equivalent 2012 cohort student under regulation 76 (2012 cohort students with full entitlements) of those Regulations as calculated in accordance with regulation 71(1)(c) of those Regulations..

Saving provisions

4.—(1) In a case to which paragraph (2) applies, regulation 12 of the 1998 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 2 of these Regulations came into force.

(2) This paragraph applies in a case where—

(a)a person was issued with a voucher in accordance with regulation 9, 10 or 11 of the 1998 Regulations during the period beginning on 1st November 2015 and ending on 31st March 2017;

(b)that voucher has not been accepted before that date; and

(c)but for the application of this regulation, that person would cease to be eligible to present that voucher by virtue of the amendment made to regulation 8 of the 1998 Regulations by regulation 2 of these Regulations.

5.—(1) In a case to which paragraph (2) applies, regulation 20 of the 1998 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 2 of these Regulations came into force.

(2) This paragraph applies in a case where—

(a)a person was eligible to receive a payment under regulation 20 of the 1998 Regulations in respect of the supply, replacement or repair of an optical appliance which took place during the period beginning on 1st November 2015 and ending on 31st March 2017; and

(b)but for the application of this regulation, that person would cease to be eligible to receive such a payment by virtue of the amendment made to regulation 8 of the 1998 Regulations by regulation 2 of these Regulations.

6.—(1) In a case to which paragraph (2) applies, regulation 11 of the 2003 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 3 of these Regulations came into force.

(2) This paragraph applies in a case where—

(a)a person had paid relevant travelling expenses or relevant charges during the period beginning on 1st November 2015 and ending on 31st March 2017 without exercising the person’s right under regulation 3(1) of the 2003 Regulations;

(b)the person was entitled to a repayment by virtue of regulation 11(1) of the 2003 Regulations (entitlement to full remission and payment); and

(c)but for the application of this regulation, that entitlement would cease by virtue of the amendments made to regulation 4 of the 2003 Regulations by regulation 3 of these Regulations.

(3) In this regulation, “relevant charges” and “relevant travelling expenses” have the meanings given in regulation 3(1) of the 2003 Regulations.

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

1st March 2017

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