The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 195

Health Services Charges

The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2018

Made

27th November 2018

Coming into operation

19th December 2018

The Department of Health(1) makes the following Regulations in exercise of the powers conferred by Articles 5(2) and (5) and 19(3) of the Recovery of Health Services Charges (Northern Ireland) Order 2006(2):

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 19th December 2018.

(2) In these Regulations—

“certificate” means a certificate issued under Article 4 of the Recovery of Health Services Charges (Northern Ireland) Order 2006; and

“the principal Regulations” means the Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006(3).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2 of the principal Regulations (amount of health care charges)—

(a) in paragraph (1)(a) for “£201” substitute “£208”;

(b) in paragraph (1)(b)(i) for “£665” substitute “£688”;

(c) in paragraph (1)(b)(ii) for “£817” substitute “£846”; and

(d) in paragraph (4) for “£48,849” substitute “£50,561”.

Saving

3.  Notwithstanding regulation 2, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 19th December 2018 as if the amendments made by these Regulations had not been made.

Sealed with the Official Seal of the Department of Health on 27th November 2018.

Neelia Lloyd

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Recovery of Health Services Charges (Northern Ireland) Order 2006 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of his injury has received hospital treatment or ambulance services. The charges are specified in certificates issued by the Department for Communities and are payable by persons who pay compensation to the injured person. The charges in each case are calculated by reference to a tariff of charges provided for by the Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006 (“the principal Regulations”).

Amendments made to the principal Regulations by regulation 2 increase the charges in respect of injuries which occur on or after 19th December 2018. Where the injured person is provided with health care ambulance services, the charge is increased from £201 to £208 for each occasion. Where the injured person receives health care treatment, but is not admitted to hospital the charge is increased from £665 to £688. The daily charge for health care in-patient treatment is increased from £817 to £846. The maximum charge in respect of an injury is increased from £48,849 to £50,561.

Regulation 3 is a saving provision which maintains the current charges for incidents occurring before 19th December 2018.

(1)

Formerly the Department of Health, Social Services and Public Safety. See 2016 c.5 (N.I.), s1(5)

(2)

S.I. 2006/1944 (N.I. 13), See Article 2 for the definition of “prescribed”

(3)

S.R. 2006 No. 507; relevant amending Regulations are S.R. 2008 No. 90, S.R. 2009 No. 121, S.R. 2010 No. 117, S.R. 2011 No. 103, S.R. 2012 No. 111, S.R. 2013 No. 74, S.R. 2014 No. 108, S.R. 2015 No. 186 and S.R. 2016 No. 105. Words substituted by section 32 of, and paragraph 1(1)(b), with paragraph 1(3), of Schedule 6 to, the Health and Social Care (Reform) Act (Northern Ireland) 2009 c.1 (N.I.) as amended by 2014 c.5 (N.I.)