The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (“the Charges Regulations”), the National Health Service (Dental Charges) Regulations 2005 (“the Dental Charges Regulations”) and the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the Travel Expenses and Remission of Charges Regulations”).

Regulation 2 increases prescription and other charges payable under the Charges Regulations. Specifically, charges for the supply of drugs and appliances under the Charges Regulations are increased from £7.65 to £7.85; the charge for the supply of a pair of elastic hosiery under the Charges Regulations is increased from £15.30 to £15.70; and charges for fabric supports and wigs supplied under the Charges Regulations are increased from their previous levels.

Regulation 3 makes transitional provision in relation to charges for fabric supports and wigs supplied under the Charges Regulations.

Regulations 5 to 10, 14 and 15 make amendments to the Charges Regulations which are consequential on changes to the health service made by the Health and Social Care Act 2012, which include replacing references to Primary Care Trusts with references to the National Health Service Commissioning Board.

Regulation 11 inserts a new regulation 6B into the Charges Regulations to provide that persons or bodies who provide services under the 2006 Act pursuant to arrangements made with the NHS Commissioning Board, clinical commissioning groups, NHS trusts, NHS foundation trusts, local authorities or the Secretary of State in the exercise of their public health functions and who supply drugs or appliances to a patient for their treatment otherwise than under regulations 3 to 6A of the Charges Regulations, must make and recover prescription and other charges from the patient. There are a number of exceptions to the requirement to make and recover such charges specified in the new regulation 6B.

Regulation 12 amends regulation 7 of the Charges Regulations to set out new arrangements for whom is to recover a charge from a person who has claimed exemption from charges but which claim is not substantiated in various circumstances.

Regulation 13 amends regulation 7A of the Charges Regulations to provide that certain additional persons detained in secure accommodation for whom the NHS Commissioning Board will be responsible for commissioning health services are to be exempt from charges under the Charges Regulations.

Regulation 16 amends the Dental Charges Regulations to increase the charges for Band 1 courses of treatment from £17.50 to £18.00, Band 2 courses of treatment from £48.00 to £49.00 and Band 3 courses of treatment from £209.00 to £214.00. Band 1A charges (regulation 13A) in respect of interim care courses of treatment provided by contractors participating in the Capitation and Quality Scheme 2 pilots will also increase from £17.50 to £18.00 in line with Band 1.

Regulations 18 and 20 to 23 make amendments to the Travel Expenses and Remission of Charges Regulations which are consequential on changes to the health service made by the Health and Social Care Act 2012, which include making changes as to which bodies will pay and re-pay NHS travel expenses and NHS foreign travel expenses and re-pay certain NHS charges in various circumstances under these Regulations.

Regulation 19 amends regulation 5 of the Travel Expenses and Remission of Charges Regulations to provide for persons who are in receipt of an award of universal credit in the initial pathfinder period which runs from 29th April to 31st October 2013 (and their partners and certain dependent children and young persons) to be entitled to the full remission of NHS charges and payment of NHS travel expenses without making a claim.

Regulation 24 amends the Travel Expenses and Remission of Charges Regulations to include the additional conditions of being in receipt of the enhanced daily living component of a personal independence payment or an armed forces independence payment in calculating a person’s requirements for low income scheme purposes under those Regulations.