1990 No. 1665 (S.164)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 75A, 105 and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990 and shall come into force on 1st September 1990 immediately after the Income-Related Benefits Amendment Regulations 1990(2).

Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 19882

1

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(3) shall be amended in accordance with the following provisions of this Regulation.

2

In regulation 2(1) (interpretation)(4), for the definition of “partner” there shall be substituted the following definition:—

  • “partner” means, where a claimant—

    1. a

      is a member of a married or an unmarried couple, the other member of that couple;

    2. b

      is married polygamously to two or more members of his household, any such member;

3

In Table A in Part I of Schedule 1 (calculation of resources) after the entry “regulations 54 to 60” there shall be inserted the following:—

regulation 66A

As if in paragraph (2) for the words “and from the weekly amount” there were substituted the words “and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount”.

As if after paragraph (2) there were inserted the following paragraphs:—

2A

This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.

2B

This paragraph applies where the claimant is a student to whom paragraph 7B(1) of Schedule 1 to the Income Support (General) Regulations 1987(5) applies.

2C

This paragraph applies where the student is a partner of a claimant and the claimant is not also a student.

As if in paragraph (3) for the reference “(1) and (2)” there were substituted the reference “(1) to (2C)”.

3

In Table B in Part II of Schedule 1 (calculation of requirements), in the entry in column (2) corresponding to the entry “Schedule 2” the words “as if head (c) of sub-paragraphs (1) and (2) were omitted in columns (1) and (2) of that Table;” shall be omitted.

Sandison of BowdenMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988. They modify the provisions of the Income Support (General) Regulations 1987 which have effect for the purposes of calculating a person’s resources and requirements by confining the £10 disregard, in the calculation of income from student loans, to cases where—

a

a student is eligible for a premium;

b

in certain circumstances, a student suffers from deafness; or

c

a claimant, who is not a student, has a partner who is a student.

They delete the modification which precludes 16 and 17 year olds in receipt of the disability premium from receiving the personal allowance applicable to 18 year olds.