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The Personal Injuries (NHS Charges) Amendment Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 (“the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of injury has received National Health Service treatment or ambulance services (“NHS charges”).

The Regulations also amend the Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006 (“the 2006 Regulations”) which make further provision as to various matters in connection with the scheme on NHS charges.

Amendments made to the principal Regulations by regulation 2 and Schedule 1 increase the charges in respect of injuries which occur on or after 1st April 2009. Where the injured person is provided with NHS ambulance services, the charge is increased from £165 to £171 for each occasion. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £547 to £566. The daily charge for NHS in-patient treatment is increased from £672 to £695. The maximum charge in respect of an injury is increased from £40,179 to £41,545.

Regulation 2 and Schedule 1 also amend the principal Regulations to make provision for the amount of the NHS charges to be reduced to nil in respect of NHS hospital treatment where a charge for the provision of that treatment has been made in respect of the injured person under the National Health Service (Charges to Overseas Visitors) Regulations 1989 and the compensation payment includes an amount for this charge. This applies to determinations of NHS charges under section 153 of the Health and Social Care (Community Health and Standards) Act 2003 which take place on or after 1st April 2009.

Regulation 3 and Schedule 2 amend the 2006 Regulations to add to the list of information to be provided by certain classes of persons under the scheme on NHS charges.

Regulation 4 is a saving provision which maintains the current charges for injuries occurring before 1st April 2009.

A full Impact Assessment has not been prepared for these Regulations as a negligible impact on business, charities or voluntary bodies is foreseen.

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