2000 No. 2870

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2000

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, in exercise of the powers conferred by sections 83A, 126(4) and 128(1) of the National Health Service Act 19771, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2000 and shall come into force on 13th November 2000.

2

In these Regulations—

  • “the Income Support Regulations” means the Income Support (General) Regulations 19872;

  • “the principal Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 19883.

3

These Regulations extend to England only.

Amendment of regulation 4 of the principal Regulations2

Regulation 4 of the principal Regulations is amended by substituting, for the words “Regulation 3(1) applies to any person who, at the time when the relevant charge is made or when the relevant travelling expenses are incurred is”, the following words:

4

1

Regulation 3(1) applies—

a

in the case of the charges for dental appliances and dental treatment mentioned in regulation 3(2)(b)—

i

to any person who, either, at the time the arrangements for the treatment are made or at the time the relevant charges are made, is a person described in paragraph (2), and

ii

as respects the course of treatment to which the relevant charges relate;

b

in any other case to any person mentioned in paragraph (2) who, at the time when the relevant charges are made or when the relevant travelling expenses are incurred, is a person described in paragraph (2).

2

The persons described in this paragraph are—

Amendment of regulation 6 of the principal Regulations3

Regulation 6 of the principal Regulations is amended by substituting, in paragraph (2)(b), for the words “at the date when he paid the relevant charge or travelling expenses” the words “at the date when the relevant charges or travelling expenses are paid in full”.

Amendment of Schedule 1 to the principal Regulations4

Schedule 1 to the principal Regulations is amended as follows—

a

In Part I, Table A (modifications of provisions of the Income Support Regulations for the purpose of calculating claimants' resources under the principal Regulations), after the entry modifying regulations 54 to 60 there is inserted—

Regulation 61

As if, in the case of a student supported by the Student Awards Agency for Scotland, in the definition of “year”, for “1st September” there were substituted “1st August”.

b

In Part I, Table A, for the entry modifying regulations 62(3A), 63(2) and 64(1)(c) there is substituted—

Regulation 62

As if in paragraph (3) from the beginning to the words “shall be apportioned” there were substituted “Subject to paragraph (3A), a student’s grant income shall be apportioned”.

As if in paragraph (3A) the words “under the provisions referred to in paragraph (3)” and the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.

As if paragraph (3B) were omitted.

Regulation 63

As if in paragraph (2) the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.

Regulation 64

As if in paragraph (1)(c) the words, “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.

c

In Part I, Table A, in the entry modifying regulation 66A of the Income Support Regulations, for the sub-paragraph beginning with the words “As if in paragraph (2)” there is substituted—

As if for paragraph (2) there were substituted—

2

In calculating the weekly amount of the loan to be taken into account as income—

a

except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year;

b

in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course,

  • and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount so apportioned there shall be disregarded £10.

d

in Part II, Table B (modifications of provisions of the Income Support Regulations for the purpose of calculating claimants' requirements under the principal Regulations) in the entry modifying Schedule 2 and beginning with the words “As if in paragraph 2” there is substituted for sub-paragraph (b)—

b

for column (1) there were substituted—

Persons aged—

a

less than 16 years;

b

not less than 16 years but less than 19 years

e

In Part II, Table B after the entry modifying paragraph 2A of Schedule 2 of the Income Support Regulations, there is inserted—

As if in paragraph 3—

a

in sub-paragraph (1)(a) the words “to whom the conditions in both sub-paragraphs (2) and (3) apply” were omitted;

b

sub-paragraphs (2) to (7) were omitted.

Signed by authority of the Secretary of State for Health

Hunt,Parliamentary Under-Secretary of State,Department of Health

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the principal Regulations”) which provide for the remission of NHS charges and for the payment of travelling expenses in certain cases.

In particular

  • regulation 4 of the principal Regulations is amended by providing for the remission of dental charges to be determined by reference to the claimant’s circumstances either at the time the arrangements for treatment are made or at the time the charge for treatment is made and by providing for remission to apply in respect of the course of treatment concerned;

  • regulation 6 of the principal Regulations is amended by providing, in relation to claims for repayment of relevant charges or travelling expenses, that the claimant’s resources and requirements are to be calculated by reference to the date when the charges and expenses were paid in full;

  • the Schedule to the principal Regulations is amended to modify the application of the Income Support Regulations in relation to the treatment of students and in relation to the calculation of personal allowances and family premiums. Under the principal Regulations, the resources and requirements of claimants are calculated by reference to the Income Support (General) Regulations 1987, as modified.