The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1991

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “income support” there shall be inserted the following definitions:—

““NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990(1);

“NHS trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990;”.

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

(a) in paragraph (1) after the word “payment” there shall be inserted the words “, in accordance with regulation 5A,”;

(b) for paragraph (3)(b) there shall be substituted the following sub-paragraph:—

“(b) in attending a hospital or any other place for the provision of disablement services by a health authority or an NHS trust in pursuance of the Act.”;

(c) after paragraph (4) there shall be added the following paragraph:—

“(5) In this regulation, “disablement services” means—

(a) the provision (including fitting and repair) of artificial limbs, limb appurtenances and arm appliances;

(b) the provision (including repair and maintenance) of wheelchairs and of wheelchair accessories (including the provision of special seating); and

(c) the provision of other facilities, articles or appliances for use in the care of persons suffering from severe physical defect or disability.”.

(4) In regulation 5(1) (persons entitled to remission in part or payment in part) after the word “payment” there shall be inserted the words “, in accordance with regulation 5A,”.

(5) After regulation 5 there shall be inserted the following new regulation:—

“Payment of travelling expenses

5A.   Where a payment falls to be made under regulation 3(1) or 5(1) in respect of relevant travelling expenses, that payment shall be made—

(a) in a case where the travelling expenses are incurred or to be incurred by a person in attending a hospital which is managed by an NHS trust, by that NHS trust;

(b) in any other case, by the Secretary of State.”.

(6) In regulation 8 (repayment)—

(a) in paragraph (2) after the word “expenses” there shall be inserted the words “, or within such further period as the Secretary of State may for good cause allow,”;

(b) for paragraph (4) there shall be substituted the following paragraphs:—

“(4) Where the Secretary of State is satisfied that a claimant is entitled to any repayment under paragraph (1) he shall—

(a) in the case of a repayment to be made—

(i) in respect of a relevant charge made by an NHS trust, other than a charge for drugs or for appliances mentioned in sub-paragraphs (a), (c) or (d) of regulation 5(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989(2), or

(ii) in respect of relevant travelling expenses incurred by a person in attending a hospital managed by an NHS trust,

authorise in writing the repayment of the amount in question to the claimant by the NHS trust; or

(b) in any other case, cause a repayment to be made to the claimant in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.

(5) On receipt of an authorisation given under paragraph (4)(a), the NHS trust shall pay the amount in question to the claimant.”.

(7) After regulation 8 there shall be inserted the following new regulation:—

“Reimbursement of payments made in respect of relevant travelling expenses

8A.   Where a District Health Authority(3) or an NHS trust (“the provider”) makes a payment under regulation 3(1) or 5(1), or a repayment under regulation 8(4)(b) or (5), In respect of relevant travelling expenses incurred or to be incurred by a person who is receiving services from the provider under the terms of an NHS contract, the amount of the payment or repayment in question shall be reimbursed to the provider by the District Health Authority in whose district that person resides.”.

(8) In Table B in Part II of Schedule 1 (calculation of requirements), in the entry in column (2) corresponding to the entry “Schedule 3”(4) in column (1) after the words “paragraph (1)(c) to (h) and (k)” in the item relating to paragraph 9 there shall be added the words“; and as if paragraph 9(2)(c) were omitted”.

(1)

1990 c. 19.

(2)

S.I. 1989/419; the relevant amending instruments are S.I. 1990/537 and 1991/579

(3)

See S.I. 1991/554, under which District Health Authorities exercise functions of the Secretary of State.

(4)

See S.I. 1987/1967; paragraph 9 of Schedule 3 was amended by S.I. 1990/547 and 1776.