The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (“the No. 2 Regulations”).

Regulation 2(2)(a) clarifies the intention of regulation 2 by removing unnecessary wording.

Regulation 2(2)(b) clarifies the definition of “date of claim”.

Regulation 2(2)(c) inserts a definition of “child”.

Regulation 2(2)(d) inserts a definition of “severe disability element”.

Regulation 2(3)(a) removes the requirement that services to a patient at a hospital have to be provided under the care of a hospital consultant before travelling expenses are payable.

Regulation 2(3)(b) revokes regulation 3(6) which contains a definition of “child”.

Regulation 2(4)(a) amends regulation 4(2)(j)(i)(bb) to extend the description of persons entitled to the full remission of charges for drugs, medicines, appliances and pharmaceutical services in pursuance of section 69(1) of the National Health Service (Scotland) Act 1978, 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 National Health Service (Primary Care) Act 1997 and the payment of travelling expenses, to include a person who is a member of a family, one member of which is receiving working tax credit with a severe disability element.

Regulation 2(4)(b) amends regulation 4(2)(j)(ii) by raising the relevant income level of a person or persons at the time an award of a tax credit is made under section 14 of the Tax Credits Act 2002 from £14,200 to £14,600.

Regulation 2(5)(a) removes the reference to services being provided under the case of a hospital consultant to ensure consistency with regulation 2(3)(a) of these Regulations.

Regulation 2(5)(b) substitutes the term “normal place of residence” for the term “home” to secure consistency throughout the No. 2 Regulations.

Regulation 2(5)(c) amends regulation 7 to ensure consistency with regulation 3(3) of the No. 2 Regulations.

Regulation 2(6) amends regulation 8(2) to bring greater clarity.

Regulation 2(7) corrects regulation 9(1) by removing an erroneous reference and clarifying the wording.

Regulation 2(8) corrects the No. 2 Regulations by amending an erroneous reference and the layout of the text.