The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2008

Made6th February 2008

Laid before Parliament13th February 2008

Coming into force1st April 2008

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 153(2) and (5), and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 20031.

In accordance with section 195(3) of that Act, the Secretary of State for Health has consulted the Welsh Ministers2.

Citation, commencement, extent and interpretation1

1

These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2008 and shall come into force on 1st April 2008.

2

These Regulations extend only to England and Wales.

3

In these Regulations—

“certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and
“the principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 20073.

Amendment of regulation 2 of the principal Regulations2

In regulation 2 of the principal Regulations (amount of NHS charges)—

a

in paragraph (1)(a) for “£159” substitute “£165”;

b

in paragraph (1)(b)(i) for “£505” substitute “£547”;

c

in paragraph (1)(b)(ii) for “£620” substitute “£672”; and

d

in paragraph (4) for “£37,100” substitute “£40,179”.

Saving3

Notwithstanding regulation 2 above, the principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2008 as if the amendments made by these Regulations had not been made.

Signed by authority of the Secretary of State for Health.

Ben BradshawMinister of State,Department of Health6th February 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 (“the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of his injury has received National Health Service hospital treatment or ambulance services.

Amendments made to the principal Regulations by regulation 2 increase the charges in respect of injuries which occur on or after 1st April 2008. Where the injured person is provided with NHS ambulance services, the charge is increased from £159 to £165 for each occasion. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £505 to £547. The daily charge for NHS in-patient treatment is increased from £620 to £672. The maximum charge in respect of an injury is increased from £37,100 to £40,179.

Regulation 3 is a saving provision which maintains the current charges for injuries occurring before 1st April 2008.