The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2005

Amendment of regulation 7 of the principal Regulations

5.—(1) Regulation 7 of the principal Regulations (claims for remission or payment) is amended in accordance with the following provisions of this regulation.

(2) After paragraph (6)(d) insert—

“(e) in the case of a notice issued to a person described in paragraph (6B) it is valid for the length of time prescribed in that paragraph.”.

(3) After paragraph (6) insert—

“(6B) A notice of entitlement issued under paragraph (4) is valid for 5 years beginning on the date when the claimant is—

(a) a single person aged not less than 65 years; or

(b) one of a couple where one partner is aged not less than 60 years and one partner is aged not less than 65 years,

who does not receive any—

(i) earnings;

(ii) payments from an occupational pension scheme;

(iii) payments from any personal pension scheme; or

(iv) payments from an annuity contract.

(6C) Paragraph (6B) does not apply to a person who has a dependent child or a young person as a member of his or her household.”.

(4) In paragraph (7) for the words “paragraph (8)” substitute “paragraphs (7A), (8), (9) and (10)”.

(5) After paragraph (7) insert—

“(7A) A claimant to whom is issued a notice of entitlement which falls under paragraph (6B) must notify the National Assembly for Wales of any change in the composition of his or her family or household during the life of the notice of entitlement and the National Assembly for Wales may withdraw the notice of entitlement, or, where the claimant is entitled to partial remission or payment, vary the amounts that have been specified on the notice in accordance with paragraph (5) if the claimant no longer meets the requirements of paragraphs (6B) and (6C).”.

(6) After paragraph (8) insert—

“(9) A claimant to whom a notice of entitlement has been issued under this regulation must return it to the National Assembly for Wales in any case where the claim is subsequently found to have been based on a false representation.

(10) A notice of entitlement issued under this regulation is effective only for the purpose of entitlement to remission of relevant charges or payment of relevant travelling expenses in accordance with these Regulations.”.