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

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide in respect of persons specified in the regulations, for the remission or repayment of the whole or part of certain charges which would otherwise be payable by those persons under the National Health Service (Scotland) Act 1978 (“the Act”) and the National Health Service (Primary Care) Act 1997 (“the 1997 Act”). They also provide in respect of persons specified in the regulations, for the payment, as set out, of certain travelling expenses, including those of the person’s companion, and certain costs of overnight accommodation for the person and their companion.

Regulation 3 provides for full remission of charges for drugs, medicines, appliances and pharmaceutical services in pursuance of section 69(1) of the Act, charges for dental appliances and dental treatment in pursuance of section 70(1A) or section 71(1) of the Act or of section 20(1) of the 1997 Act and the payment of the travelling expenses, to persons qualifying under regulation 4.

Regulation 4 describes the various qualifications which entitle persons to remission of charges and/or payment of travelling expenses.

Regulation 5 provides for the partial remission of charges for wigs, fabric supports and surgical brassieres in pursuance of section 69(1) of the Act, charges for dental appliances and dental treatment in pursuance of section 70(1A) or section 71(1) of the Act or of section 20(1) of the 1997 Act and relevant travelling expenses, to persons who meet the relevant criteria.

Regulation 6 provides for when payment is to be made by either an NHS trust or a Health Board.

Regulation 7 provides for the payment of expenses to persons living or working in specific parts of Scotland who attend hospitals in the United Kingdom and who do not otherwise qualify under regulation 4.

Regulation 8 provides the method of calculation of the resources or requirements of a person who makes a claim for full or partial remission of charges or payment of travelling expenses.

Regulation 9 provides the procedure for processing claims for remission or payment by the Scottish Ministers and for the issue of a notice of entitlement to a person.

Regulation 10 provides for the issue by the Scottish Ministers of a notice of entitlement to a person, and to the family members of that person where they are entitled to full remission and payment in terms of regulation 4(2)(n).

Regulation 11 provides for the repayment of relevant charges or travelling expenses to persons entitled to remission or payment who had paid the relevant charges or incurred the travelling expenses.

Regulation 12 provides for the reimbursement of payments or repayments made under a Health Board or NHS Trust which is providing treatment under an NHS Contract by the Health Board responsible for the healthcare of the person receiving treatment.

Regulation 13 makes transitional provisions relating to applications and remissions under previous Regulations.

Regulation 14 gives effect to the revocation of the Regulations as listed in Schedule 3.

Schedule 1 sets out in detail the method of calculation of the income and capital of claimants.

Schedule 2 sets out the period of validity of notices of entitlement under regulation 9(11).