Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the principal Regulations”), which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service Act 1977 and for the payment of travelling expenses incurred in attending a hospital.

Regulation 2 inserts a definition of “disability working allowance” and amends the definition of “family”.

Regulation 3 amends the principal Regulations so as to provide that a person who is in receipt of disability working allowance and whose capital is not more than £8,000 shall be entitled to full remission of charges and full payment of travelling expenses, and that a member of that person’s family shall be similarly entitled. Regulations 4 and 5 amend regulations 6 and 7 of the principal Regulations to provide for assessment of that person’s capital in accordance with the principal Regulations in certain cases, and to provide that in such cases notice of entitlement to remission or payment claimed under the principal Regulations shall be effective until the award of disability working allowance current at the date of claim ceases to be payable.

Regulation 6 amends Table B in Part II of Schedule 1 to the principal Regulations, which governs the manner in which a person’s requirements are to be calculated, in consequence of the introduction of incapacity benefit.

Regulation 7 is a transitional provision which provides that claims for repayment of charges or expenses paid before 1st April 1995 shall be calculated as if these Regulations had not been made.