The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017

Amendment of the 2003 Regulations

3.—(1) The 2003 Regulations are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definitions of “LCW element” and “LCRWA element”;

(b) after the definition of “the Income Support Regulations” insert—

““limited capability for work” means limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related activity)”;

(c) after the definition of “qualifying young person” insert—

““relevant assessment period” means the assessment period immediately preceding that in which the relevant charge or relevant travel expense is incurred;”; and

(d) in the definition of “single person”, for “(bza)” substitute “(bb)”.

(3) In regulation 4 (description of persons entitled to full remission and payment)—

(a) for paragraphs (2)(ba) to (2)(bb) substitute—

“(ba) a person who, in the relevant assessment period, was in receipt of universal credit, either as a single person or as a member of a couple, where—

(i) the universal credit award did not include the child element;

(ii) the single person or, in the case of a couple, both members of the couple, did not have limited capability for work,

and either the single person had earned income or, in the case of a couple, the couple had combined earned income, of £435.00 or less;

(bb) a person who, in the relevant assessment period, was in receipt of universal credit, either as a single person or as a member of a couple, where one or both of the following apply—

(i) the universal credit award included the child element;

(ii) the single person or, in the case of a couple, either member or both members of the couple, had limited capability for work,

and either the single person had earned income or, in the case of a couple, the couple had combined earned income, of £935.00 or less;

(bc) a child or a qualifying young person for whom a recipient referred to in sub-paragraph (bb) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made under that Part);”; and

(b) after paragraph (2) insert—

“(3) In relation to sub-paragraphs (2)(ba) to (bc), where paragraph (4) applies, a person is entitled to repayment of the relevant charge or the relevant travel expense under regulation 11.

(4) This paragraph applies where the conditions in sub-paragraph (2)(ba), (bb) or (bc) are satisfied in the assessment period in which the relevant charge or relevant travel expense is incurred and—

(a) there is no relevant assessment period; or

(b) none of those conditions were satisfied in the relevant assessment period.”.

(4) In Table A of the schedule—

(a) in the modification of regulation 62 (calculation of grant income), in the inserted paragraph (2C)(b)(1)—

(i) for “regulations 41 to 44 of the Education (Student Support) (Wales) Regulations 2012” substitute “regulations 36 to 39 of the Education (Student Support) (Wales) Regulations 2015(2)”; and

(ii) for “regulations 51 to 55” substitute “regulations 46 to 49”; and

(b) in the modification of regulation 66A(3) (treatment of student loans and postgraduate master’s degree loans)—

(i) at the beginning of paragraph (1), for “A student loan” substitute “Subject to paragraph (1B), a student loan”; and

(ii) after paragraph (1A), insert—

“(1B) Where a student is a 2016 cohort student for the purposes of the Education (Student Support) Regulations 2011 and a loan is available to that student under Part 6 of those Regulations (loans for living costs), the amount to be disregarded as income (if greater than zero) is A-B, where—

(a) A is the amount of that loan, as calculated in accordance with regulation 71(1)(g) (general) of those Regulations; and

(b) B is the maximum amount of such a loan that is available to an equivalent 2012 cohort student under regulation 76 (2012 cohort students with full entitlements) of those Regulations as calculated in accordance with regulation 71(1)(c) of those Regulations.”.

(1)

Paragraph (2C) was substituted by S.S.I. 2010/319 and relevantly amended by S.S.I. 2013/327.

(2)

S.I. 2015/54; amended by S.I. 2015/1505, S.I. 2016/77, S.I. 2016/211, S.I. 2017/47.

(3)

Relevantly amended by S.S.I. 2013/327.