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

General U.K.

15.—(1) Where it is necessary that the resources or requirements of a person should be calculated for the purposes of these Regulations, they must be calculated by the Secretary of State according to the provisions of this Part and Schedule 1.

(2) The resources and requirements of a person must be calculated—

(a) in the case of a claim made under regulation 7 (claims to entitlement) by reference to his resources and requirements at the date of claim; or

(b) in the case of a claim for repayment made under regulation 11(2) (claims for repayment) by reference to his resources and requirements at the date when the NHS charge or NHS travel expenses were paid.

(3) Where a claimant is a member of a family, the resources and requirements of the other members of his family must be calculated in the same manner as those of the claimant and must be taken into account as if they were his resources and requirements, and in this Part and in the provisions referred to in Schedule 1, unless the context otherwise requires, any reference to the claimant includes the other members of his family.

(4) In a case where the earnings of any person are to be calculated and those earnings have been affected by a trade dispute, the earnings to be taken into account are the earnings which that person would have received if there had been no trade dispute.

(5) In the application of the Income Support Regulations as mentioned in regulation 16 and regulation 17, the provisions of those Regulations shall be applied as if—

(a) references to income support were to the remission of NHS charges and the payment of any NHS travel expenses,

(b) references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with regulation 16(4) or, as the case may be, regulation 17(4); and

(c) the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 M1 had not been made.

[F1 (6) Where the claimant is a member of a polygamous marriage, the resources and requirements of members of that marriage must be calculated in the same manner as those of the claimant and they must be taken into account as if they were the resources and requirements of the claimant, except that the applicable amount shall be calculated in accordance with regulation 18 of the Income Support Regulations.]

Textual Amendments

F1 Reg. 15(6) added (1.12.2008) by The National Health Service (Travel Expenses and Remission of Charges) Amendment (No. 2) Regulations 2008 (S.I. 2008/2868), regs. 1(1), 2

Marginal Citations

M1 S.I. 2002/3019.