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4.—(1) Regulation 3(1) applies–
(a)in the case of the charges in regulation 3(2)(b)–
(i)to any person who, either, at the time the arrangements for the treatment are made or at the time the relevant charges are made, is a person described in paragraph (2); and
(ii)as respects the course of treatment to which the relevant charges relate; and
(b)in any other case to any person described in paragraph (2) who, at the time when the relevant charges are made or when the relevant travelling expenses are incurred, is a person described in paragraph (2).
(2) The persons described are–
(a)a person who is in receipt of income support;
(b)a member of the same family as a person who is in receipt of income support;
(c)a person whose requirements equal or exceed that person’s income resources and whose capital resources do not exceed the capital limit;
(d)a member of the same family as a person described in paragraph (2)(c) of this regulation;
(e)a person who is in receipt of an income-based jobseeker’s allowance;
(f)a member of the same family as a person who is in receipt of an income-based jobseeker’s allowance;
(g)a person who lives permanently in accommodation provided by a local authority under the Social Work (Scotland) Act 1968(1) and who has satisfied the authority that the person is unable to pay for that accommodation at the standard rate or, as the case may be, the full rate, and for the purposes of this paragraph a person lives permanently in that accommodation if it is the person’s principal place of abode;
(h)an asylum-seeker for whom support is provided under Part VI of the Immigration and Asylum Act 1999;
(i)a member of the same family as a person described in paragraph (2)(h) of this regulation;
(j)a person who is a member of a family–
(i)one member of which, on the date entitlement is determined, is receiving–
(aa)working tax credit and child tax credit;
(bb)working tax credit which includes a disability element; or
(cc)child tax credit, but is not eligible for working tax credit; and
(ii)where the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200;
(k)a person who is in receipt of pension credit guarantee credit; or
(l)a member of the same family as a person who is in receipt of pension credit guarantee credit.
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