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

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Interpretation

2.  In these Regulations, unless the context otherwise requires–

“the Act” means the National Health Service (Scotland) Act 1978;

“capital limit” in the case of–

(a)

a person who lives permanently in accommodation provided by a care home service provider under section 2(3) of the Regulation of Care (Scotland) Act 2001(1), or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948(2), means the sum specified in regulation 20 of the National Assistance (Assessment of Resources) Regulations 1992(3); and

(b)

any other person, means the amount prescribed for the purposes of section 134(1) of the Social Security Contribution and Benefits Act 1992(4);

“child tax credit” means child tax credit under section 1(1)(a) of the Tax Credits Act 2002(5);

“claimant” means a person who makes a claim for remission, payment or repayment in accordance with regulation 9 or 11;

“date of claim” means the date on which a claim made under regulation 9(1) or regulation 11(2) is received in an appropriate office or by the Secretary of State;

“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;

“family” has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992(6) as it applies to income support, except that:

(a)

in regulation 4(2)(j) and (l) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995(7);

(b)

in regulation 4(2)(n) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002(8); and

(c)

where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999(9), it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom the asylum-seeker has included in that claim;

“full rate” means the rate determined under section 26(2) of the National Assistance Act 1948(10);

“income-based jobseeker’s allowance” has the meaning assigned to it by section 1(4) of the Jobseekers Act 1995(11);

“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992 and includes personal expenses addition, special transitional addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987(12);

“partner” means, where a claimant–

(a)

is a member of a married or an unmarried couple, the other member of that couple; or

(b)

is married polygamously to two or more members of the claimant’s household, any such member;

“relevant charges” and “relevant travelling expenses” have the meanings prescribed by regulation 3(1);

“the relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002(13);

“standard rate” means the standard rate fixed in accordance with section 22(2) of the National Assistance Act 1948(14);

“trade dispute” has the same meaning as in section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992(15);

“week” means a period of 7 days beginning at midnight between Saturday and Sunday; and

“working tax credit” means working tax credit under section (1)(b) of the Tax Credits Act 2002.

(3)

S.I. 1992/2977; relevantly amended by S.S.I. 2001/138, regulation 3.

(8)

S.I. 2002/2006.

(9)

1999 c. 33; section 94 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), Schedule 9.

(10)

1948 c. 29; section 26(2) was amended by section 42(3) of, and paragraph 5(5) of Schedule 9 and Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”).

(11)

Section 1(4) was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 7, paragraph 2(4), and Schedule 13, Part V.

(12)

S.I. 1987/1969

(13)

See the Tax Credit (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006) for the manner of calculation of income under section 7(3).

(14)

Section 22(2) was amended by section 44(3) of the 1990 Act.

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