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

Entitlement to partial remission and payment E+W+S

6.—(1) Subject to paragraphs (2) to (4), a person is entitled to the payment in part of any NHS travel expenses and remission in part of a NHS charge provided that at the time the travel expenses are incurred or the charge is made—

(a) his capital resources do not exceed the capital limit; and

(b) either—

(i) his income resources exceed his requirements by less than a third of the charge or, as the case may be, by less than the travel expenses [F1 incurred in any week], or

(ii) he is a member of the family of a person described in sub-paragraph (b)(i),

but is required to make a claim for such remission or payment in accordance with regulation 7 (claims to entitlement).

(2) In the case of a NHS charge mentioned in regulation 4(1)(a), the entitlement under paragraph (1) to partial remission applies only to a charge for the supply of an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs) and not to a charge for any other appliance or for drugs, medicines or pharmaceutical services.

(3) Subject to paragraph (4), the amount to which a person is entitled under paragraph (1) is—

(a) in the case of a NHS charge, the difference between the charge and three times the amount by which his income resources exceed his requirements; and

(b) in the case of recoverable travelling expenses, subject to regulation 9 (travel expenses of persons resident in the Isles of Scilly), the difference between the amount of the expenses incurred and the amount by which his income resources exceed his requirements.

[F2 (4) In the case of a NHS Charge for relevant dental services, the charge which is partially remissible under this regulation and which must be used for the purposes of the calculation required under paragraph (3)(a) is the charge made—

(a) for one course of treatment or urgent course of treatment, including any charge made for a denture or other dental appliance supplied in that course of treatment; or

(b) for the supply of dentures or other dental appliances under the Act otherwise than as part of relevant primary dental services.]

Textual Amendments

F1 Words in reg. 6(1)(b)(i) inserted (1.4.2006) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/675), regs. 1(1), 6

F2 Reg. 6(4) substituted (1.4.2006) by The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 16(6)