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

Explanatory Note

(This Note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (“the principal Regulations”) which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service (Scotland) Act 1978 and for the payment of travelling expenses incurred in attending a hospital.

Regulation 2 amends the definition of “appropriate office” and substitutes a new definition of “date of claim”.

Regulation 3 amends regulation 4 of the principal Regulations so as to include in the list of descriptions of persons entitled to full remission and payment persons entitled to less than 10p income support (and who therefore do not actually receive income support).

Regulation 4 amends regulation 5(5) so that travelling expenses of residents of the Highlands and Islands who are entitled to payments in part are determined under a new regulation 5B which is inserted by regulation 5.

Regulation 6 amends regulation 7 to provide for the making of claims for the remission of any relevant charges and the payment of relevant travelling expenses on behalf of persons who are unable to act for themselves. Regulation 6 also provides for the periods for which notices of entitlement are to be effective and it introduces a new regulation 7(6A) which makes new provision in respect of the periods of effectiveness of notices of entitlement issued to particular descriptions of persons. For example, in the case of persons such as those aged 60 or more whose circumstances are likely to be stable throughout the period of effectiveness of notices of entitlement issued to them, those periods are lengthened beyond the standard length of 6 months provided for by regulation 7(6).

Regulation 7 amends regulation 8 to provide for the making of claims for repayment of any relevant charges or relevant travelling expenses on behalf of persons who are unable to act for themselves.

Regulation 8 amends Table A of Part 1 of Schedule 1 to the principal Regulations which provides for the calculation of a claimant’s resources. Regulation 9 amends Table B of Part II of that Schedule which provides for the calculation of a claimant’s requirements. The amendments to Tables A and B are made in consequence of changes to the Income Support (General) Regulations 1987, and in order to provide for the calculation of self-employed earnings or an accruals basis; a standard deduction in respect of fuel charges included in rent; student rents to be averaged over a period of study; and to provide for youth trainees aged 16 and 17 to receive the personal allowance applicable to those aged 18 or over.

Regulation 10 inserts a new Schedule 1A which specifies the periods for which notices of entitlement referred to in new regulation 7(6A) are effective.

Regulation 11 revokes the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1995 as they are superseded by these Regulations.