Statutory Instruments
National Health Service, England And Wales
Made
6th February 2018
Laid before Parliament
9th February 2018
Coming into force
1st April 2018
The Secretary of State 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 2003(1).
In accordance with section 195(3) of that Act, the Secretary of State has consulted the Welsh Ministers(2).
1.—(1) These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2018 and come into force on 1st April 2018.
(2) These Regulations apply to England and Wales.
(3) In these Regulations, “principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2015(3).
2. In Schedule 1 to the principal Regulations (amount of NHS charges), for the table in that Schedule, substitute the following table—
| “(1) | (2) Ambulance services £ | (3) Out-patient £ | (4) In-patient £ | (5) Maximum £ |
|---|---|---|---|---|
| 29th January 2007 | 159 | 505 | 620 | 37,100 |
| 1st April 2008 | 165 | 547 | 672 | 40,179 |
| 1st April 2009 | 171 | 566 | 695 | 41,545 |
| 1st April 2010 | 177 | 585 | 719 | 42,999 |
| 1st April 2011 | 181 | 600 | 737 | 44,056 |
| 1st April 2012 | 185 | 615 | 755 | 45,153 |
| 1st April 2013 | 189 | 627 | 770 | 46,046 |
| 1st April 2014 | 192 | 637 | 783 | 46,831 |
| 1st April 2015 | 195 | 647 | 796 | 47,569 |
| 1st April 2016 | 201 | 665 | 817 | 48,849 |
| 1st April 2017 | 205 | 678 | 833 | 49,824 |
| 1st April 2018 | 208 | 688 | 846 | 50,561” |
3. The following Regulations are revoked—
(a)The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2016(4); and
(b)The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017(5).
Signed by authority of the Secretary of State for Health and Social Care.
O’Shaughnessy
Parliamentary Under-Secretary of State,
Department of Health and Social Care
6th February 2018
(This note is not part of the Regulations)
These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2015 (“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 their injury has received NHS hospital treatment or ambulance services.
Regulation 2 amends the principal Regulations by inserting a substitute table in Schedule 1. This table provides for increased charges in respect of injuries which occur on or after 1st April 2018. Where the injured person is provided with NHS ambulance services, the charge will be £208 (compared with £205 which is the charge in respect of injuries occurring on or after 1st April 2017 but no later than 31st March 2018). Where the injured person receives NHS treatment, but is not admitted to hospital, the charge will be £688 (compared with £678 for injuries incurred the previous year). The daily charge for NHS in-patient treatment will be £846 (compared with £833 for injuries incurred the previous year). The maximum charge in respect of an injury will be £50,561 (compared with £49,824 for injuries incurred the previous year).
Regulation 3 revokes the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2016 and the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017 as they are no longer of any continuing effect.
A full impact assessment has not been prepared for these Regulations as a negligible impact on business, charities or voluntary bodies is foreseen.
2003 c.43. By virtue of section 167(1), the powers are exercisable in relation to England and Wales by the Secretary of State. See section 168 for the definition of “prescribed”. Amendments to section 195 are not relevant to the power as exercised in these Regulations.
Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c.32) (“GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by section 162(1) of, and paragraph 30 of Schedule 11 to, GOWA.
S.I. 2015/295, amended by S.I. 2016/153 and further amended by S.I. 2017/164.