The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1996

Further amendments to Schedule 1 to the principal Regulations

9.—(1) Table B of Part II of Schedule 1 to the principal Regulations shall be modified in accordance with the following provisions of this regulation.

(2) At the end of the entry corresponding to regulation 3 the following shall be added in column (2)—

“As if in paragraph (2B) the words “Subject to paragraph (2C),” were omitted.

As if paragraph (2C) were omitted.”.

(3) In the first entry in column (2) corresponding to Schedule 2(1) for head (a) the following head shall be substituted—

“(a) except where heads (b) or (c) of this sub-paragraph apply, less than 18;”.

(4) For the second entry in column (2) corresponding to Schedule 2 the following entry shall be substituted—

“As if in column 1 of that Table for both sub-paragraphs (1)(c) and (2)(c) there were substituted in each case the following sub-paragraph—

“(c) less than 18 who—

(i) satisfies the condition in paragraph 11;

(ii) is undergoing youth training; or

(iii) is in remunerative work;”.”.

(5) After the second entry in column (2) corresponding to Schedule 2 the following entry shall be inserted—

“As if for head (c) of sub-paragraph (3) in column 1 of that Table there were substituted the following head—

“(c) where both members are aged—

(i) not less than 18; or

(ii) less than 18 where—

(za) at least one of them is undergoing youth training;

(zb) at least one of them is in remunerative work;

(zc) in respect of at least one of them an amount is applicable under paragraph 2;

(zd) at least one of them satisfies the conditions in paragraph 11; or

(ze) in respect of at least one of them an amount is applicable under Schedule 3;”.”.

(6) After the fifth entry in column (2) corresponding to Schedule 2 the following entry shall be inserted—

“As if in paragraph 11(b)(ii)(2) for the words “12(1)(a) or (c)” there were substituted the words “12(1)(a), (b) or (c).”.”.

(7) For the seventh entry in column (2) corresponding to Schedule 2 the following entry shall be substituted—

“As if in paragraph 12(1)(b)(3) —

(a)

after the words “the claimant” there were inserted the words “or, as the case may be, his partner”; and

(b)

for sub-head (ii) there were substituted the following sub-head—

“(ii) has been so entitled or so incapable for a continuous period of at least 28 weeks;”.”.

(8) For the entries in column (2) corresponding to Schedule 3(4) the following entries shall be subsituted—

“As if in paragraph 1—

(a)

in sub-paragraph (1)(b) for the words “paragraphs 15 to 17” there were substituted the words “paragraph 17”; and

(b)

for sub-paragraph (2), the following sub-paragraph were substituted—

“(2) In this Schedule “period of study” has the meaning specified in regulation 61 (student interpretation).”.

As if in paragraph 2—

(a)

in sub-paragraph (1) for head (c) the following head were substituted—

“(c) he in practice shares the housing costs with other members of the household where no member of that household who is liable to meet those costs is a close relative of the claimant or his partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.”; and

(b)

sub-paragraph (2) were omitted.

As if in paragraph 3—

(a)

sub-paragraphs (8) to (10) were omitted;

(b)

in sub-paragraph (11)(c)(ix) the words “other than a person to whom sub-paragraph (8) applies” were omitted; and

(c)

in sub-paragraph (12) for the words “not exceeding” there shall be substituted the words“which is not likely to exceed”.

As if for paragraph 4 the following paragraph were substituted—

“Housing costs not met under this Schedule

4.   No amount may be met under the provisions of this Schedule where the claimant is in accommodation which is a residential care home or a nursing home except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and, in so far as they relate to temporary absences, the provisions of paragraph 3(11) and (12) apply to him during that absence.”.

As if paragraphs 6 to 16 were omitted.

As if in paragraph 17—

(a)

in the cross heading for the word “Other” there were substituted the word “Qualifying”;

(b)

in sub-paragraph (1)—

(i)

the following new heads were inserted immediately before head (a)—

“(za) any periodical payment which a person is liable to make by way of rent in respect of the dwelling he occupies as his home;

(zb) payments of interest and capital—

(i) of a mortgage or loan secrued on the dwelling occupied as the home;

(ii) under a hire purchase agreement or other loan to buy the dwelling occupied as the home;

(iii) in respect of a loan taken out to adapt the dwelling occupied as the home for the special needs of a disabled person;

(zc) payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;”; and

(ii)

head (f) were omitted;

(c)

in sub-paragraph (2)—

(i)

for the words from “Subject to” to “amounts” there shall be substituted the words “Subject to sub-paragraphs (3), (3A) and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (e) of sub-paragraph (1)”;

(ii)

in head (a) the words from “unless the claimant” to the end of the head shall be omitted; and

(iii)

head (c) shall be omitted;

(d)

in sub-paragraph (3) at the beginning there shall be inserted the words “Subject to sub-paragraphs (3A) and (3B),”;

(e)

after sub-paragraph (3) there shall be inserted the following new sub-paragraphs—

“(3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (e) of sub-paragraph (1) payable in respect of a jperiod of study, to be paid irregularly, or so that—

(a) no such costs are payable for or collected in the Christmas or Easter vacations within a period of study, or

(b) the costs in respect of the Christmas or Easter vacations within a period of study vary from those in the rest of that period of study,

the weekly amount shall be the amount payable in respect of a period of study divided by the number of weeks in that period of study.

(3B) Where housing costs, to be calculated in accordance with sub-paragraph (3A), are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction shall be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study.”.

As if in paragraph 18, in sub-paragraph (7)—

(a)

head (e) were omitted; and

(b)

for head (f) the following head were substituted—

“(f) to whom paragraph (2B) of regulation 3 (definition of non-dependant) would apply;”.”.

(1)

Relevant amending instrument is S.I. 1995/559.

(2)

Relevant amending instrument is S.I. 1988/663.

(3)

Relevant amending instrument is S.I. 1995/482.

(4)

Schedule 3 was substituted by S.I. 1995/1613.