2006 No. 142
NATIONAL HEALTH SERVICE

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2006 and shall come into force on 1st April 2006.

(2)

In these Regulations–

“the Income Support Regulations” means the Income Support (General) Regulations 19872;
“the principal Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 20033.

Amendment of the principal Regulations2.

(1)

The principal Regulations are amended as follows.

(2)

For regulation 6 (payment of relevant travelling expenses)4 substitute–

“6.

Where a payment falls to be made under regulations 3(1) or 5(1) in respect of relevant travelling expenses that payment shall be made by–

(a)

the National Waiting Times Centre Board5 when the hospital attended is the hospital accommodation and ancillary facilities located at Beardmore Way, Dalmuir, Clydebank; and, in any other case;

(b)

the Health Board in whose area the hospital attended is situated.”.

(3)

In regulation 7 (payment to persons resident in the Highlands and Islands)6–

(a)

in paragraph (1)(b) for “£8” (in both places where it occurs) substitute “£10”;

(b)

for paragraph (4) substitute–

“(4)

Where a payment falls to be made under paragraph (1) in respect of relevant travelling expenses, that payment shall be made by–

(a)

the National Waiting Times Centre Board when the hospital attended is the hospital accommodation and ancillary facilities located at Beardmore Way, Dalmuir, Clydebank; and, in any other case;

(b)

the Health Board in whose area the hospital attended is situated.”.

(4)

In regulation 11 (repayment)7–

(a)

in sub-paragraph (a) of paragraph (6) after “Board” where it appears in head (ii) and at the end of that sub-paragraph insert–

“or the National Waiting Times Centre Board (as the case may be)”; and

(b)

in paragraph (7) after “Board” insert–

“or the National Waiting Times Centre Board”.

(5)

In regulation 12(1) (reimbursement of payments made in respect of travelling expenses)8 after “Board” where it first appears in the paragraph insert–

“or the National Waiting Times Centre Board”.

(6)

In Table A of the Schedule, in the modification of regulation 45 of the Income Support Regulations, for “£8,000” substitute “£16,000”.

(7)

In Table B of the Schedule, in the modification of Schedule 3B to the Income Support Regulations, for “£3,000” substitute “£6,000”.

Transitional provisions3.

Under regulations 6 and 7 of the principal Regulations payments shall only be made by the National Waiting Times Centre Board in respect of claims received on or after 1st April 2006.

RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(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 Regulations”).

Regulation 2(2), (3), (4) and (5) amends the Regulations to provide for payment of relevant travelling expenses to be made by the National Waiting Times Centre Board, including repayment of such expenses to persons entitled to remission or payment who had incurred such expenses, and for the reimbursement of payments or repayments made by the National Waiting Times Centre Board by the Health Board responsible for the healthcare of the person receiving treatment.

Regulation 2(3)(a) amends the Regulations to increase the contribution, to be made by persons resident in the Highlands and Islands, towards the relevant travelling expenses from £8 to £10 when the relevant travelling expenses are more than a prescribed amount, which has also been amended from £8 to £10.

Regulation 2(6) amends the Regulations to increase the capital limits to be used in calculating entitlement to the payment of travel expenses and remission of charges for people under 60.

Regulation 2(7) amends the Regulations to increase the capital limits to be used in calculating entitlement to the payment of travel expenses and remission of charges for people permanently residing in certain types of accommodation.

Regulation 3 makes transitional provision to ensure that payments of relevant travelling expenses shall only be made by the National Waiting Times Centre Board in respect of claims received on or after 1st April 2006.