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

Claims for remission or payment

9.—(1) Subject to paragraph (2), a person who falls within sub-paragraph (a) or (b) below and who wishes to claim their entitlement under regulations 3(1) or 5(1) shall, if the person comes–

(a) within a description prescribed by regulation 4(2)(b), (d), (i) or (n), make a claim to the Scottish Ministers in writing; or

(b) within a description prescribed by regulation 4(2)(e), (f) or (k), or 5(1), make a claim to the Scottish Ministers on a form provided by or on behalf of the Scottish Ministers for that purpose,

and shall send or deliver that claim in writing or, as the case may be, that form, to the Scottish Ministers or to an office receiving and processing such claims on their behalf.

(2) Subject to paragraph (3), where a person is unable for the time being to act, a claim may be made on that person’s behalf by another person.

(3) The Scottish Ministers may refuse to accept a claim made by one person on behalf of another where, in the Scottish Minister’s opinion–

(a) the person on whose behalf the claim is made is able to act; or

(b) the person making the claim is not a suitable person to act on behalf of that other person.

(4) A claimant shall produce in support of a claim such evidence as the Scottish Ministers may reasonably require.

(5) The Scottish Ministers may treat any claim under paragraph (1) as a claim to entitlement in respect of all the relevant charges and relevant travelling expenses and shall calculate the resources and requirements of the claimant according to the provisions of regulation 8 and Schedule 1.

(6) If the Scottish Ministers determine that the claimant and any member of the claimant’s family are entitled to any remission of the relevant charges or any payment of the relevant travelling expenses, the Scottish Ministers shall issue a notice of entitlement to the claimant which shall be effective in respect of the claimant and any member of the claimant’s family for the purposes of any remission of those charges, and any payment of those travelling expenses, to which they are entitled.

(7) A notice of entitlement issued under paragraph (6) shall indicate whether the claimant and any member of the claimant’s family are entitled to full or partial remission or payment and, in the case of partial remission or payment, shall specify the amount of any relevant charges or relevant travelling expenses for which there is no entitlement to remission or payment.

(8) Subject to paragraphs (9) and (11), a notice of entitlement issued under paragraph (6) shall be effective for a period of 6 months from the date of claim and shall specify the dates of commencement and expiry of that period.

(9) Subject to paragraph (11), where a claimant or the claimant’s partner is a person of a description specified in column (1) of Schedule 2 and the date of claim falls within any period specified in column (1), the notice of entitlement issued under paragraph (6) to that claimant shall be effective for the period specified in column (2) of that Schedule opposite the description in column (1) of that claimant or the claimant’s partner.

(10) Subject to paragraph (11), any change in the financial or other circumstances of a claimant, or of any member of the claimant’s family, during the period for which a notice of entitlement has been issued shall not affect the validity of the notice of entitlement in respect of that period or, in the case of partial remission or payment, the amounts referred to in paragraph (7).

(11) A claimant who is issued with a notice of entitlement in a case of partial remission may make a further claim in accordance with paragraph (1) at any time during the period for which the notice of entitlement has been issued, if the claimant considers that by reason of a change in the claimant’s financial circumstances or those of any member of the claimant’s family the amount referred to in paragraph (7) should be reduced.