2001 No. 742
NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001

Made
Laid before Parliament
Coming into force
except for regulation 3
regulation 3
The Secretary of State for Health, in exercise of the powers conferred by sections 83A, 126(4) and 128(1) of the National Health Service Act 19771, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation, and extent1.

(1)

These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001.

(2)

These Regulations shall come into force:

(a)

except for regulation 3, on 9th April 2001; and

(b)

regulation 3, on 10th April 2001.

(3)

In these Regulations “the principal Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 19882.

(4)

These Regulations extend to England only.

Amendment of regulation 2 of the principal Regulations2.

In regulation 2(1) of the principal Regulations (interpretation) for the definition of “capital limit” substitute,

  • ““capital limit”—

    1. (a)
      in the case of a person who lives permanently in a nursing home or residential care home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 19483 has the meaning it bears in section 21(2B) of the National Assistance Act 1948, and
    2. (b)
      in the case of any other person, means the amount prescribed for the purposes of section 134(1) of the Social Security Contribution and Benefits Act 19924.”

Amendment of regulation 4 of the principal Regulations3.

In paragraphs (c) and (g) of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) for “£70” there shall be substituted “£71”.

Amendment of Schedule 1 to the principal Regulations4.

In Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987)5 at the end of the entry relating to “regulation 53” there shall be added the following paragraph “As if in paragraph (1A) for “£10,000” on each occasion it appears there were substituted “£11,500” and as if for “£16,000” there were substituted “£18,500””.

Signed by authority of the Secretary of State for Health

Hunt
Parliamentary Under Secretary of State,
Department of Health
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the principal Regulations”) which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service Act 1977 and for the payment of travelling expenses incurred in attending hospital.

Regulation 2 amends the definition of “capital limit” as it applies to people living permanently in a nursing or residential care home or in accommodation provided by a local authority under the National Assistance Act 1948. This brings it into line with the capital limits applying under the National Assistance Act 1948 to the calculations which determine such people’s liability to pay for their care. Table A of Schedule 1 is amended to apply such capital limits to calculations pursuant to regulation 53 of the Income Support (General) Regulations 1987 which is applied with modifications to the remission calculations in the principal Regulations (regulation 4).

Regulation 3 amends regulation 4 of the principal Regulations to increase the income level at which recipients of tax credits are entitled to remission from charges under the principal Regulations.