(This note is not part of the Order)
These Regulations consolidate, with amendments, the provisions of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the 1988 Regulations”). The 1998 Regulations and all subsequent amendments are repealed by regulation 19 and Schedule 2.
The Regulations make provision for people who are either in receipt of certain state benefits or who are on a low income to be reimbursed for travel expenses incurred in obtaining certain NHS services (NHS travel expenses) and for those same people to be exempt from the payment of certain NHS charges which would otherwise be payable. Regulation 3 defines NHS travel expenses and NHS foreign travel expenses. Regulation 4 identifies what NHS charges can be waived.
The principal changes in relation to travel expenses from the 1988 Regulations are as follows: the expenses of a companion can be claimed only where they are certified to be necessary in the opinion of a doctor or appropriate health care professional (regulation 3(3)); a person’s circumstances may be taken into account in determining the cheapest reasonable form of transport and in the case of car travel, a mileage allowance and parking expenses may be included (regulation 3(5)); and persons who seek to rely on their entitlement are required to sign a declaration of that entitlement and provide evidence both of the entitlement and of the travel costs incurred (regulation 10(4)).
Part II contains provision relating to entitlement. Regulation 5 governs entitlement to payment in full of travel expenses and full remission of charges. Regulation 6 makes provision for partial payment and partial remission. Those who are in receipt of certain state benefits or who are entitled to certain tax credits are not required to make a claim for entitlement under these Regulations on the basis that their income and capital resources will already have been assessed for the purposes of their entitlement to the benefit or tax credit. All others who wish to claim entitlement under the Regulations must make a claim under regulation 7. Regulation 8 makes provision for notices of entitlement to be issued to successful claimants. The principal change from the 1988 Regulations is that the provisions about validity have been considerably simplified. All notices of entitlement are now valid for 12 months from the date of the claim although there is provision for different time periods in the case of students, young people supported by a local Authority and asylum seekers (regulation 8(5)). Regulation 9 makes special provision for residents of the Isles of Scilly.
Part III contains provision about payment and repayment. Regulation 10 makes provision for payment of travel expenses. Once entitlement is established, the amount due is calculated and paid either by the provider of the services or by the health service body which made the arrangements for the services. Regulations 11 and 12 contain provision relating to repayment in any case where a person who is entitled to the payment of travel expenses or to the remission of a charge has in fact incurred the expense or paid the charge. Regulation 13 enables a provider of services who has made a payment in respect of some travel expenses to be repaid in cases where the services were provided under an agreement with another body. Regulation 14 deals with payment and repayment of NHS foreign travel expenses.
Part IV and Schedule 1 concern the method of determining certain people’s entitlement under the Regulations. In the case mainly of those people who are not automatically entitled because they are in receipt of certain state benefits, what is required is a calculation of the claimant’s and his family’s income, capital and requirements. This is done by the application of modified provisions of the Income Support (General) Regulations 1987 (“the 1987 Regulations”) as set out in Schedule 1. The reason for the disapplication in regulation 16(5))c) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002, is that by virtue of those Regulations people over 60 are no longer entitled to income support and are excluded from the 1987 Regulations. In order to preserve their position in relation to the payment of travel expenses and remission of charges, the amendments made to the 1987 Regulations by the 2002 regulations are disapplied.
These Regulations also reflect a number of changes from the 1988 Regulations which are minor or consequential drafting amendments.