The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017

Amendment of the 2007 Regulations

5.—(1) The 2007 Regulations are amended in accordance with this regulation.

(2) In regulation 2(a) (interpretation), in the definition of “couple” omit “(i) and (iii)”.

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

(a) for paragraph (1)(aa), substitute—

“(aa) is a relevant universal credit recipient;”

(b) after paragraph (1), insert—

“(1A) For the purposes of paragraph (1)(aa) “relevant universal credit recipient” (“derbynnydd credyd cynhwysol perthnasol”) means a person who, in the relevant assessment period—

(a) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the award did not include the child element,

(ii) the single claimant or, as the case may be, both joint claimants, did not have limited capability for work, and

(iii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £435.00 or less;

(b) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the award included the child element, and

(ii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £935.00 or less;

(c) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the single claimant or, as the case may be, one or both joint claimants, had limited capability for work, and

(ii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £935.00 or less; or

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

(1B) Where paragraph (1C) applies, a person is to be treated as entitled to claim repayment of an NHS charge or NHS travel expenses under regulation 10 (claims for repayment).

(1C) This paragraph applies where the conditions in sub-paragraphs (a), (b), (c) or (d) of paragraph (1A) are satisfied in the assessment period in which the sight test takes place and—

(a) there is no relevant assessment period; or

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

(1D) For the purposes of paragraphs (1A) and (1C)—

“assessment period” (“cyfnod asesu”) means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 (assessment periods)(1);

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

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

“joint claimants” (“ceiswyr ar y cyd”) has the meaning given in section 40 of the 2012 Act (interpretation of Part 1);

“limited capability for work” (“gallu cyfyngedig i weithio”) 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);

“qualifying young person” (“person ifanc cymwys”) has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons);

“relevant assessment period” (“cyfnod asesu perthnasol”) means the assessment period immediately preceding that in which the NHS charge was paid or NHS travel expenses incurred; and

“single claimant” (“ceisydd unigol”) has the meaning given in section 40 of the 2012 Act (interpretation of Part 1).”.

(4) In Schedule 1 (modifications of the Income Support (General) Regulations 1987), in column 2 of Table A, in the modification of regulation 62 (calculation of grant income)—

(a) in paragraph (2C)(a)—

(i) for “regulations 57 to 59 of the Education (Student Support) Regulations 2009” substitute “regulations 57 to 60 of the Education (Student Support) Regulations 2011”(2); and

(b) in paragraph (2C)(b)—

(i) for “regulations 39 to 41 of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011” substitute “regulations 37 to 39 of the Education (Student Support) (Wales) Regulations 2015”(3); and

(ii) for “regulations 49 to 52” substitute “regulations 46 to 49”.

(1)

S.I. 2013/376.

(2)

S.I. 2011/1986.

(3)

S.I. 2015/54 (W. 5); amended by S.I. 2015/1505 (W. 173), 2016/77 (W. 34) and 2016/211 (W. 84).