The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2023

Statutory Rules of Northern Ireland

2023 No. 32

Health Services Charges

The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2023

Made

9th March 2023

Coming into operation

1st April 2023

The Department of Health(1) makes the following Regulations in exercise of the powers conferred by Articles 5(2) and (5) and 19(3) of the Recovery of Health Services Charges (Northern Ireland) Order 2006(2):

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 1st April 2023.

(2) In these Regulations “the principal Regulations” means the Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006(3).

Commencement Information

I1 Reg. 1 in operation at 1.4.2023, see reg. 1(1)

Amendment of regulation 2 of the principal Regulations N.I.

2.  In regulation 2 of the principal Regulations (amount of health care charges)—

(a) in paragraph (1)(a) for “£231” substitute “£238”;

(b) in paragraph (1)(b)(i) for “£766” substitute “£788”;

(c) in paragraph (1)(b)(ii) for “£941” substitute “£968”;

(d) in paragraph (4) for “£56,260” substitute “£57,892”.

Commencement Information

I2 Reg. 2 in operation at 1.4.2023, see reg. 1(1)

Saving N.I.

3.  Notwithstanding regulation 2, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 1st April 2023 as if the amendment made by these Regulations had not been made.

Commencement Information

I3 Reg. 3 in operation at 1.4.2023, see reg. 1(1)

Sealed with the Official Seal of the Department of Health on 9th March 2023.

Brigitte Worth

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Recovery of Health Services Charges (Northern Ireland) Order 2006 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of his injury has received hospital treatment or ambulance services. The charges are specified in certificates issued by the Department for Communities and are payable by persons who pay compensation to the injured person. The charges in each case are calculated by reference to a tariff of charges provided for by the Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006 (“the principal Regulations”).

Amendments made to the principal Regulations by regulation 2 increase the charges in respect of injuries which occur on or after 1st April 2023. Where the injured person is provided with health care ambulance services, the charge is increased from £231 to £238 for each occasion. Where the injured person receives health care treatment but is not admitted to hospital the charge is increased from £766 to £788. The daily charge for health care in-patient treatment is increased from £941 to £968. The maximum charge in respect of an injury is increased from £56,260 to £57,892.

Regulation 3 is a saving provision which maintains the current charges for incidents occurring before 1st April 2023.

(1)

Formerly the Department of Health, Social Services and Public Safety. See 2016 c.5 (N.I.), s.1(5)

(2)

S.I. 2006/1944 (N.I. 13), See Article 2 for the definition of “prescribed”

(3)

S.R. 2006 No. 507; relevant amending regulations are S.R. 2008 No. 90, S.R. 2009 No. 121, S.R. 2010 No. 117, S.R. 2011 No. 103, S.R. 2012 No. 111, S.R. 2013 No. 74, S.R. 2014 No. 108, S.R. 2015 No. 186, S.R. 2016 No. 105, S.R. 2018 No 195, S.R. 2019 No. 29, S.R. 2020 No. 34, S.R. 2021 No. 47 and S.R. 2022 No. 100. Words substituted by section 32 of and paragraph 1(1)(b), with paragraph 1(3), of Schedule 6 to, the Health and Social Care (Reform) Act (Northern Ireland) 2009 c.1 (N.I.) as amended by 2014 c.5 (N.I.)