National Health Service Act 2006

Exemptions, etc E+W

182 Remission and repayment of charges E+W

Regulations may provide in relation to prescribed descriptions of person for the remission or repayment of the whole or any part of any charges which would otherwise be payable by virtue of section 172, 176 or 179.

183 Payment of travelling expenses E+W

Regulations may provide in relation to prescribed descriptions of persons—

[F1 (a) for the payment by the Secretary of State [F2 , the Board, a clinical commissioning group,] F3 ... an NHS trust or an NHS foundation trust, in such cases as may be prescribed, of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their obtaining—

(i) any services provided under this Act,

F4 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b) for the reimbursement by [F6 the Board,] F7 ... [F8 or a clinical commissioning group] to an NHS trust or an NHS foundation trust F9 ... of such payments,

(c) for the reimbursement by [F10 the Board,] F11 ... [F12 or a clinical commissioning group] to an NHS trust and, in such cases as may be prescribed, to a Local Health Board, of payments made by virtue of section 131(a) of the National Health Service (Wales) Act 2006 (c. 42).

Textual Amendments

F1 S. 183(a) substituted (1.6.2010) by The National Health Service (Reimbursement of the Cost of EEA Treatment) Regulations 2010 (S.I. 2010/915), regs. 1(1), 3

F2 Words in s. 183(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 183(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 183(a)(ii) omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 3(g) (with reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12);. 2020 c. 1, Sch. 5 para. 1(1)

F5 S. 183(a)(iii) and word omitted (31.12.2020) by virtue of The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), regs. 1(1), 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 183(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 183(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Words in s. 183(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 Words in s. 183(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(3)(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 183(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 Words in s. 183(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12 Words in s. 183(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 98(4)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

184 Sections 182 and 183: supplementary E+W

(1) Descriptions of persons may be prescribed for the purposes of section 182 or 183 by reference to any criterion and, in particular, by reference to any of the following criteria—

(a) their age,

(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition,

(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances,

(d) their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit,

(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits, and

(f) the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

(2) Regulations under section 182 or 183 may direct how a person's resources and requirements must be calculated and may, in particular, direct that they must be calculated—

(a) by a method set out in the regulations,

(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications,

(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament, or

(d) by reference to the person's being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(3) Regulations under section 182 or 183 which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference must be construed as a reference to that Act or instrument—

(a) as it has effect at the time when the regulations are made, or

(b) both as it has effect at that time and as amended subsequently.