The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

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NHS travel expensesE+W+S

3.—(1) In these Regulations “NHS travel expenses” means the travel expenses which a person necessarily incurs—

(a)in attending—

(i)a health service hospital,

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)any other place in the United Kingdom,

for the provision of any services [F2to which paragraph (1A) applies; or]

(b)in travelling to a port in Great Britain for the purpose of travelling abroad in order to receive services provided pursuant to arrangements made [F3under the 2006 Act by a health service body or a local authority [F4or pursuant to an integrated care provider contract].]

[F5(1A) This paragraph applies to services under the 2006 Act [F6(including sub-contracted services)] which are—

(a)not primary medical services[F7, primary ophthalmic services] or primary dental services;

(b)provided pursuant to a referral by a medical practitioner[F8, ophthalmic practitioner] or dental practitioner; and

(c)[F9in a case where the services are not provided by an integrated care provider or an integrated care sub-contractor, the services are not provided during the same visit] and at the same premises at which the primary medical services[F10, primary ophthalmic services] or primary dental services which lead to the referral by a medical practitioner[F11, ophthalmic practitioner] or dental practitioner are provided.]

(2) In these Regulations “NHS foreign travel expenses” means the travel expenses which a person necessarily incurs in travelling abroad from a port in Great Britain in order to receive services pursuant to arrangements made [F12under the 2006 Act by a health service body or a local authority [F13or pursuant to an integrated care provider contract].]

(3) NHS travel expenses and NHS foreign travel expenses include the travel expenses of a companion in a case where the person to whom services are provided is either—

(a)a child; or

(b)a person whose medical condition is such that, in the opinion of a doctor involved in the provision of the services or, where appropriate, another health care professional so involved, a companion is necessary.

(4) A person who wishes to rely on entitlement to NHS travel expenses must—

(a)unless he is a person who by virtue of regulation 5(1) is not required to make such a claim, make a claim to entitlement under regulation 7; and

(b)make an application for payment of travel expenses under regulation 10.

(5) The amount of any NHS travel expenses to which a person is entitled under these Regulations—

(a)must be calculated by reference to the cost of travelling by the cheapest means of transport which is reasonable having regard to the person’s age, medical condition and any other relevant circumstances; and

(b)where travel is by private car, may include a mileage allowance[F14, road and toll charges] and car parking expenses.

(6) A person is entitled to payment of NHS foreign travel expenses only [F15where the health service body, local authority or arranger of ICP services] which made the arrangements for the provision of services abroad agrees the mode and cost of travel and the necessity or otherwise for a companion before the costs are incurred.

Textual Amendments

F1Reg. 3(1)(a)(ii) omitted (1.4.2013) by virtue of The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 18(2)

F2Words in reg. 3(1)(a) substituted (1.4.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/571), regs. 1(1), 10(2)

F3Words in reg. 3(1)(b) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 18(3)

F4Words in reg. 3(1)(b) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(2)

F5Reg. 3(1A) inserted (1.4.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/571), regs. 1(1), 10(3)

F6Words in reg. 3(1A) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(3)(a)

F7Words in reg. 3(1A)(a) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(a)

F8Words in reg. 3(1A)(b) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(b)

F9Words in reg. 3(1A)(c) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(3)(b)

F10Words in reg. 3(1A)(c) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(a)

F11Words in reg. 3(1A)(c) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(b)