Statutory Instruments

2011 No. 1587

National Health Service, England

The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2011

Made

27th June 2011

Laid before Parliament

30th June 2011

Coming into force

1st August 2011

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2011 and shall come into force on 1st August 2011.

Modifications of the Income Support (General) Regulations 1987 in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

2.—(1) Table A in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(2) (Modifications of the Income Support (General) Regulations 1987(3)) is amended as follows.

(2) In the modifications of regulation 62 (calculation of grant income)—

(a)in the substitute paragraph (2C)(b)(4)—

(i)for “regulations 38 or 39 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009” substitute “regulations 38 to 40 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(5)”, and

(ii)for “regulations 46 to 48” substitute “regulations 48 to 51”; and

(b)in the substitute paragraph (2C)(c) for “Education (Student Support) (No.2) Regulations (Northern Ireland) 2009” substitute “Education (Student Support) (No.2) Regulations (Northern Ireland) 2009(6)”.

(3) In the modifications of regulation 66A (treatment of student loans), in the substitute paragraph (1)(b), for “Student Support Information Guide 2010-11” substitute “Student Support Information Guide 2011-12(7)”.

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

27th June 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the Travel Expenses and Remission of Charges Regulations”).

Regulation 2(2) updates references to student funding regulations in Wales. These set out the entitlement to grants and loans available to students. Certain of the amounts of student maintenance grants are disregarded in calculating the entitlement of students to the payment of travel expenses and the remission of charges under the Travel Expenses and Remission of Charges Regulations. It also inserts a new reference to the relevant student funding regulations in Northern Ireland in order that they can be correctly footnoted, as they were incorrectly footnoted when the reference was inserted by S.I. 2010/1727.

Regulation 2(3) updates the reference to the publication which describes additional loans paid under the Education (Student Loans) (Scotland) Regulations 2007. These loans are disregarded in the calculation of a student’s loan income when a person’s entitlement to the payment of NHS travel expenses and the remission of NHS charges is being established under the Travel Expenses and Remission of Charges Regulations.

(1)

2006 c.41. By virtue of section 271 of the Act, the powers exercised by the Secretary of State in making these Regulations are exercisable only in relation to England. The expressions “prescribed” and “regulations”, which are relevant to the powers being exercised in these Regulations, are defined in section 275 of the Act.

(2)

S.I. 2003/2382; relevant amendments are made by S.I. 2006/2171, S.I. 2007/1975, S.I. 2009/1599, and S.I. 2010/1727.

(4)

S.I. 2010/1727, as made by the Minister, inserted a substitute paragraph (2C) into the modifications of regulation 62 of the Income Support (General) Regulations 1987 in Table A in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 after paragraph (2B). However, in the printed copy of S.I. 2010/1727, paragraph (2C) was incorrectly numbered as (2). These Regulations amend the substituted paragraph as it appears in the version of the S.I. signed by the Minister.

(5)

S.I. 2011/148 (W.32). Regulations 38 to 40 are prospectively revoked by S.I. 2011/886 (W.130) with effect from 1stt September 2012.

(7)

The Guide is available on the Student Awards Agency for Scotland website at http://www.saas.gov.uk.