The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

Changes over time for: Section 5

Version Superseded: 01/12/2016

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Point in time view as at 01/11/2015. This version of this provision has been superseded.

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Entitlement to full remission and paymentE+W+S

5.—(1) Subject to paragraph (3), a person is entitled, without making a claim under regulation 7 (claims to entitlement), to the payment in full of NHS travel expenses and the full remission of a NHS charge if—

(a)he is receiving income support;

(b)he is receiving income based jobseeker’s allowance;

(c)he is receiving pension credit guarantee credit;

[F1(cc)he is receiving income-related employment and support allowance;]

(d)he is a member of the same family as a person who is receiving income support, income based jobseeker’s allowance[F2, income-related employment and support allowance] or pension credit guarantee credit; F3...

(e)he is a member of a family one member of which is receiving—

(i)working tax credit and child tax credit,

(ii)working tax credit which includes a disability element [F4or severe disability element], or

(iii)child tax credit, but is not eligible for working tax credit,

provided that the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed [F5£15,276][F6; or]

[F7(f)that person is a relevant universal credit recipient.]

[F8(1A) For the purposes of paragraph (1)(f) “relevant universal credit recipient” means a person who is—

(a)receiving universal credit, either as a single person or as a member of a couple, without—

(i)the child element,

(ii)the LCW element, or

(iii)the LCWRA element,

and either has no earned income or has earned income of £435.00 or less in the assessment period;

(b)receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(i)the child element,

(ii)the LCW element, or

(iii)the LCWRA element,

and either has no earned income or has earned income of £935.00 or less in the assessment period; or

(c)a child or qualifying young person for whom a recipient referred to in sub-paragraph (b) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 (universal credit) and regulations made thereunder).]

(2) Subject to paragraph (3), the following persons are entitled to the payment in full of NHS travel expenses and the remission in full of a NHS charge but are required to make a claim for such payment or remission in accordance with regulation 7 (claims to entitlement)—

(a)a person who lives permanently in—

(i)a care home, or

[F9(ii)accommodation provided by a local authority under Part 1 of the Care Act 2014 (care and support),

where the personal budget for the person under section 26 of that Act specifies that the local authority must itself pay towards the cost of that accommodation;]

(b)an asylum-seeker for whom support is provided under Part VI of the Immigration and Asylum Act 1999;

(c)a member of the same family as an asylum seeker described in sub-paragraph (b);

(d)a relevant child within the meaning of section 23A of the Children Act 1989 M1 whom a responsible local authority is supporting under section 23B(8) of that Act;

(e)any other person who satisfies the Secretary of State in accordance with Part IV that his capital resources do not exceed the capital limit and that his [F10income resources do not exceed his requirements or exceed his requirements by fifty per cent or less of the amount of the charge specified in [F11regulation 3(1)(b) or (c)] (supply of drugs and appliances by chemists) of the Charges Regulations]; and

(f)a member of the same family as a person described in sub-paragraph (e).

(3) A person’s entitlement under paragraph (1) or (2) arises only where he is of a description mentioned in either of those paragraphs at the time when—

(a)the charge is made;

(b)the NHS travel expenses are incurred; or

[F12(c)in the case of a charge for relevant dental services—

(i)the arrangements for the treatment or urgent course of treatment under the Act are made,

(ii)the arrangements for the supply of dentures or other dental appliances under the Act otherwise than as part of relevant primary dental services are made, or

(iii)the charge is made.]

Textual Amendments

F1Reg. 5(1)(cc) inserted (27.10.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008 (S.I. 2008/1697), regs. 1(1), 4(a)

F2Words in reg. 5(1)(d) inserted (27.10.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008 (S.I. 2008/1697), regs. 1(1), 4(b)

F3Word in reg. 5(1)(d) omitted (29.4.2013) by virtue of The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(a), 19(2)(a)

F4Words in reg. 5(1)(e)(ii) inserted (6.4.2004) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2004 (S.I. 2004/663), regs. 1(1), 5(3)(a)

F5Sum in reg. 5(1) substituted (6.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(b), 4

F6Words in reg. 5(1)(e) substituted (29.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(a), 19(2)(b)

F7Reg. 5(1)(f) substituted (1.11.2015) by The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provision) Regulations 2015 (S.I. 2015/1776), regs. 1(1), 2(3)(a) (with reg. 5)

F8Reg. 5(1A) inserted (1.11.2015) by The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provision) Regulations 2015 (S.I. 2015/1776), regs. 1(1), 2(3)(b) (with reg. 5)

F9Words in reg. 5(2)(a) substituted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 21(3) (with art. 4)

F10Words in reg. 5(2)(e) substituted (6.4.2004) by The National Health Service (Travel Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004 (S.I. 2004/936), regs. 1(1), 2