The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 3) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 to take into account the introduction of employment and support allowance. They make further modifications to the Income Support (General) Regulations 1987 for the purpose of calculating the income which is to be taken into account in the calculation of NHS travelling expenses and the remission of NHS charges.

Regulation 3 makes provision for the calculation of the resources and requirements of members of polygamous marriages.

Regulation 4 provides that where a person who is in receipt of employment and support allowance has a sanction applied under regulation 63 of the Employment and Support Allowance Regulations 2008, that person’s entitlement to remission of NHS charges and the payment of NHS travelling expenses shall be calculated as if the sanction had not been applied. Regulation 4 also provides for specific disregards for those who undertake exempt work under regulation 45 of the Employment and Support Allowance Regulations 2008.

Regulation 5 provides for those aged under 25 to have included in the calculation of their entitlement to a remission of NHS charges and the payment of NHS travelling expenses a personal allowance of an amount equal to that for a person aged 25 or over. This will apply to those who are either in receipt of employment and support allowance and have been awarded an employment and support allowance component, or who have been incapable of work for a continuous period of 28 weeks since 27th October 2008. Regulation 5 also provides for various premiums to be included in the calculation for entitlement to remission of NHS charges and the payment of NHS travelling expenses, for those who receive Employment and Support Allowance.