The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment)(No.2) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (“the principal Regulations”).

The principal Regulations make provision so that people who are either in receipt of certain state benefits or who are on a low income are able to obtain the remission or repayment of certain charges which would otherwise be payable under the National Health Service (Wales) Act 2006 (“NHS charges”) and the payment of travelling expenses incurred in obtaining certain NHS services (“NHS travelling expenses”).

In calculating a person’s resources and requirements under the principal Regulations in order to establish whether a person can claim entitlement to the remission of NHS charges and the payment of NHS travelling expenses, a modified version of the Income Support (General) Regulations 1987 is applied.

These Regulations amend the definition of “family” in regulation 2 of the principal Regulations and amend regulation 5 (entitlement to full remission and payment) to provide that a person who is receiving income-related employment and support allowance will be entitled to full remission of an NHS charge and the full payment of NHS travelling expenses without needing to make a claim for such payment or remission.

They also amend the Welsh text of the principal Regulations to insert into the Welsh text of regulation 2 (interpretation) the definition of “income-related employment and support allowance” and to make reference to this allowance in the Welsh text of sub-paragraph (d) of regulation 5(1) (entitlement to full remission and payment).