The Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 391

Health And Personal Social Services

The Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 2008

Made

19th September 2008

Coming into operation

27th October 2008

The Department of Health, Social Services and Public Safety (1) makes the following Regulations in exercise of the powers conferred by Articles 45, 98, 106 and 107(6) of, and paragraphs 1(b) and 1B of Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972 (2) and with the approval of the Department of Finance and Personnel in so far as they relate to the remission of charges, and in conjunction with the Department of Finance and Personnel in so far as they relate to travelling expenses.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

(2) In these Regulations —

“the principal Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (3); and

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987 (4).

Amendment of regulation 2 of the principal Regulations

2.—(1) Regulation 2 of the principal Regulations (interpretation) is amended as follows provided by paragraphs (2) and (3).

(2) In the definition of “family”, after sub-paragraph (a), insert —

“(aa) in regulation 5(1) (cc), in relation to a person who is receiving income–related employment and support allowance it has the meaning given in regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2008(5),”.

(3) After the definition of “income–based jobseeker’s allowance” insert —

““income–related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1 (2)(b) of the Welfare Reform Act (Northern Ireland) 2007(6);”.

Amendment of regulation 5 of the principal Regulations

3.  In regulation 5 of the principal Regulations (entitlement to full remission and payment), in paragraph (1) —

(a) after sub–paragraph (c) insert —

“(cc) he is receiving income–related employment and support allowance;”; and

(b) in sub–paragraph (d), after “income based jobseeker’s allowance” insert “, income–related employment and support allowance”.

Modification of the Income Support Regulations in Schedule 1 to the principal Regulations

4.—(1) Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations (Northern Ireland) 1987) is amended as provided by paragraph (2).

(2) In Table A, in the modifications of regulation 66A of the Income Support Regulations (treatment of student loans), in the first entry, for “Guide to Student Support issued by the Student Awards Agency for Scotland 2007-2008” substitute “Guide to Student Support issued by the Student Awards Agency for Scotland 2008-2009(7)”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th September 2008

Christine Jendoubi

A senior officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to Travelling Expenses on 19th September 2008

Jack Layberry

A senior officer of the

Department of Finance and Personnel

The Department of Finance and Personnel herby approves the foregoing Regulations insofar as they relate to the remission of charges.

Sealed with the Official Seal of the Department of Finance and Personnel on 19th September 2008

Jack Layberry

A senior officer of the

Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (“the principal Regulations”), which provide for remission and payment of certain charges which would otherwise be payable under the Health and Personal Social Services (Northern Ireland) Order 1972 and for payment by the Department of Health, Social Services and Public safety of travelling expenses incurred in attending a hospital.

Regulation 2 inserts new definitions into the principal Regulations which relate to the amendment made by regulation 3. Regulation 3 amends regulation 5 of the principal Regulations to provide that a person who is receiving income–related employment and support allowance (or a member of that person’s family) will be entitled to the full remission of Health Service charges and the full payment of Health Service travel expenses without needing to make a claim for such payment or remission.

Regulation 4 updates the reference to the publication which describes additional loans paid under the Education (Student Loans) (Scotland) Regulations 2007. These loans are disregarded in the calculation of a student’s loan income when a person’s entitlement to the payment of Health Service travel expenses and the remission of Health Service charges is being established under the principal Regulations.

(1)

See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14); relevant amending Instruments are S.I. 1988/594 (N.I. 2) Article 14 and S.I. 1991/194 (N.I. 1) Article 34 and Part II of Schedule 5 and S.R. 1999 No.11

(3)

S.R. 2004 No. 91; relevant amending Regulations are S.R. 2004 Nos. 156 and 162, S.R. 2005 Nos. 107 and 386, S.R. 2006 Nos. 136, 190, and 333, S.R. 2007 Nos. 264 and 437 and S.R. 2008 Nos. 39 and 292

(4)

S.R. 1987 No. 459

(5)

S.R. 2008 No. 280

(6)

2007 c.2

(7)

The Guide is available on the Student Awards Agency for Scotland website at