The National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1995

Statutory Instruments

1995 No. 2352

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1995

Made

6th September 1995

Laid before Parliament

7th September 1995

Coming into force

2nd October 1995

The Secretary of State for Health, in exercise of powers conferred by sections 83A, 126(4) and 128(1) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1995 and shall come into force on 2nd October 1995.

Amendment of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988

2.—(1) Schedule 1 to the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988(2) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 2, after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) as if the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995(3) and the Income Support (General) Amendment and Transitional Regulations 1995(4) had not been made.”.

(3) For paragraph 4 there shall be substituted the following paragraph—

“4.   The provisions of the Income Support (General) Regulations 1987(5) 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 and the Income Support (General) Amendment and Transitional Regulations 1995 had not been made.”.

Signed by authority of the Secretary of State for Health

Gerald Malone

Minister of Health,

Department of Health

6th September 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the 1988 Regulations”) which provide for the remission and repayment of certain charges which would otherwise by payable under the National Health Service Act 1977 and for the payment of travelling expenses incurred in attending a hospital. For the purposes of calculating a person’s resources and requirements, the 1988 Regulations apply the Income Support (General) Regulations 1987 (“the 1987 Regulations”) with modifications. The amendments made by these Regulations to the 1988 Regulations provide that, in applying the 1987 Regulations to the calculation of a person’s resources and requirements, the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 and the Income Support (General) Amendment and Transitional Regulations 1995 (both of which makes changes in the way housing costs are calculated for income support purposes) shall be disregarded.

(1)

1977 c. 49. Section 83A was inserted by section 14(1) of the Social Security Act 1988 (c. 7) and amended by section 25(1) of and paragraph 6 of Schedule 2 to the Health and Medicines Act 1988 (c. 49) and by paragraph 18 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”). Section 126(4) was amended by section 65(2) of the 1990 Act. Section 128(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”. Section 128(1) was amended by section 26(2)(g) and (i) of the 1990 Act.

(2)

S.I. 1988/551 to which there are amendments not relevant to these regulations.

(3)

S.I. 1995/1613.

(4)

S.I. 1995/2287.

(5)

S.I. 1987/1967 to which there are amendments not relevant to these regulations.