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- Point in Time (01/04/2013)
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Version Superseded: 01/04/2015
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There are currently no known outstanding effects for the The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003, Section 12.
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12.—(1) Where the Secretary of State is satisfied that a claimant is entitled to any repayment under regulation 11, he must—
(a)in the case of a repayment to be made—
(i)in respect of a NHS charge made by an NHS trust [F1or an NHS foundation trust], for an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs), calculate the amount payable and notify in writing the NHS trust [F2or the NHS foundation trust] of the claimant’s entitlement and the amount to be paid,
[F3(ia)in respect of a NHS charge made by a provider of NHS services under regulation 6B of the Charges Regulations (supply of drugs and appliances by other providers of NHS services) for an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs), calculate the amount payable and notify in writing the health service body which arranged with the provider for the provision of those services of the claimant’s entitlement and the amount to be paid,]
[F4(ii)in a case falling within regulation 3(1)(a) where the services are provided by a provider pursuant to arrangements made under the 2006 Act with the provider by a health service body, notify in writing the health service body which made those arrangements of the claimant’s entitlement,]
[F5(iii)in a case falling within regulation 3(1)(a) where the services are provided by a provider pursuant to arrangements made with the provider by a local authority in the exercise of the public health functions of the local authority under the 2006 Act—
(aa)if the provider is an NHS trust or NHS foundation trust, notify in writing that NHS trust or NHS foundation trust, or
(bb)if the provider is not an NHS trust or NHS foundation trust, notify in writing the relevant CCG of the claimant’s entitlement, or]
[F6(b)in a case falling within regulation 3(1)(b) (travel to a port) notify in writing—
(i)where the arrangements referred to in regulation 3(1)(b) were made by a health service body, the health service body which made those arrangements, or
(ii)where the arrangements referred to in regulation 3(1)(b) were made by a local authority, the relevant CCG.]
(c)in any other case, cause a repayment to be made to the claimant in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
(2) Where an NHS trust[F7, an NHS foundation trust], [F8a relevant CCG] or other health service body receives notification as mentioned in paragraph (1), it must calculate any amount payable in respect of NHS travel expenses in accordance with these Regulations and make any repayment due to a claimant in respect of such travel expenses or NHS charge.
(3) A person who is entitled to repayment in respect of NHS travel expenses must sign a declaration of entitlement and provide such evidence of his entitlement and of his travel expenses as the health service body which is making the repayment may require.
[F9(4) In this regulation—
“provider of NHS services” has the same meaning as in regulation 2 of the Charges Regulations; and
“relevant CCG” means the CCG in whose area the claimant was usually resident at the time the claim was made.]
F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 12(1)(a)(i) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(a)(i)
F2Words in reg. 12(1)(a)(i) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(a)(ii)
F3Reg. 12(1)(a)(ia) inserted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(b)
F4Reg. 12(1)(a)(ii) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(c)
F5Reg. 12(1)(a)(iii) inserted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(d)
F6Reg. 12(1)(b) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(2)(e)
F7Words in reg. 12(2) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(4), Sch. 4
F8Words in reg. 12(2) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 21(3)
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