The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provision) Regulations 2015

Amendment to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

2.—(1) The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 are amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation), in the appropriate places insert—

““assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013(2) (assessment periods);

“child element” means the child element of universal credit as specified in regulation 24(1) of the Universal Credit Regulations 2013 (the child element);

“earned income” means a person’s earned income as defined by Chapter 2 of Part 6 of the Universal Credit Regulations 2013(3) (calculation of capital and income – earned income);

“LCW element” means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“LCWRA element” means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA element).”

(3) In regulation 5(4) (entitlement to full remission and payment)—

(a) in paragraph (1), for sub-paragraph (f)(5) substitute—

“(f) that person is a relevant universal credit recipient.”; and

(b) after paragraph (1), insert—

“(1A) For the purposes of paragraph (1)(f) “relevant universal credit recipient” means a person who is—

(a) receiving universal credit(6), either as a single person(7) or as a member of a couple(8), without—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £435.00 or less in the assessment period;

(b) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £935.00 or less in the assessment period; or

(c) a child or qualifying young person(9) for whom a recipient referred to in sub-paragraph (b) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012(10) (universal credit) and regulations made thereunder).”.

(1)

Regulation 2 was amended by S.I. 2004/663, 2005/26, 578 and 2114, 2006/562, 2008/571 and 1697, 2013/475 and 2015/570 and 643.

(2)

S.I. 2013/376. Regulation 21 was amended by S.I. 2014/2887 and 2015/1362.

(3)

Chapter 2 of Part 6 was amended by S.I. 2012/822, 2013/1508, 2014/2888 and 3255 and 2015/67, 478 and 345.

(4)

Regulation 5 was amended by S.I. 2004/663 and 936, 2006/562, 2008/1697, 2009/411, 2013/475 and 1600, 2014/418 and 2667 and 2015/417.

(5)

Sub-paragraph (1)(f) was substituted by S.I. 2014/2667 and amended by S.I. 2015/417.

(6)

“Universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012 (c.5) (see regulation 2 of S.I. 2003/2382).

(7)

“Single person” is to be construed in accordance with section 1(2)(a) of the Welfare Reform Act 2012 (universal credit) (see regulation 2 of S.I. 2003/2382).

(8)

“Couple” has the meaning given in section 39 of the Welfare Reform Act 2012 (couples) (see regulation 2 of S.I. 2003/2382). Relevant amendments to section 39 were made by S.I. 2014/3229.

(9)

“Qualifying young person” has the meaning given in section 10(5) of the Welfare Reform Act 2012 (responsibility for children and young persons) (see regulation 2 of S.I. 2003/2382).

(10)

2012 c.5.