The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

Changes over time for: Section 12

Alternative versions:

Status:

Point in time view as at 01/07/2022.

Changes to legislation:

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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RepaymentsE+W+S

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 [F1by an NHS trust, an NHS foundation trust, an integrated care provider or an integrated care sub-contractor], for an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs), calculate the amount payable and notify [F2in writing the body that made the charge] 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 [F4regulation 9] 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 [F5the health service body or the arranger of ICP services which arranged] with the provider for the provision of those services of the claimant’s entitlement and the amount to be paid,]

[F6(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,]

[F7(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 [F8integrated care board] of the claimant’s entitlement, or]

[F9(aa)in a case falling within regulation 3(1)(a) where the services are provided by an integrated care provider or an integrated care sub-contractor—

(i)where the provider of the services is an NHS trust or an NHS foundation trust, notify in writing that NHS trust or NHS foundation trust,

(ii)where the provider of the services or the arranger of ICP services is a local authority, notify in writing the relevant [F8 integrated care board], or

(iii)where the arranger of ICP services is the Board or [F8an integrated care board], notify in writing the Board or that [F8integrated care board].]

[F10(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, F11...

(ii)where the arrangements referred to in regulation 3(1)(b) were made by a local authority, the relevant [F8integrated care board][F12or]

[F13(iii)where the arrangements referred to in regulation 3(1)(b) were made by an arranger of ICP services, an integrated care provider or an integrated care sub-contractor—

(aa)where the services were arranged by an NHS trust or an NHS foundation trust or by an integrated care sub-contractor providing services on behalf of an NHS trust or an NHS foundation trust, that NHS trust or NHS foundation trust,

(bb)where the services were arranged by a local authority or the arranger of ICP services is a local authority, the relevant [F8integrated care board],

(cc)where the arranger of ICP services is the Board, the Board, or

(dd)where the arranger of ICP services is [F8an integrated care board], that [F8 integrated care board].]]

(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[F14, an NHS foundation trust], [F15a relevant [F8integrated care board], other health service body, an integrated care provider, an integrated care sub-contractor or an arranger of ICP services] 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 [F16or the arranger of ICP services] which is making the repayment may require.

[F17(4) In this regulation—

“provider of NHS services” has the same meaning as in regulation 2 of the Charges Regulations; and

“relevant [F8integrated care board]” means the [F8integrated care board] in whose area the claimant was usually resident at the time the claim was made.]

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 12(1)(a)(i) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 6(3)(a)(i)

F2Words in reg. 12(1)(a)(i) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 6(3)(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)

F4Words in reg. 12(1)(a)(ia) substituted (1.4.2015) by The National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570), reg. 1, Sch. 2 para. 1(4)

F5Words in reg. 12(1)(a)(ia) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 6(3)(b)

F6Reg. 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)

F7Reg. 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)

F8Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F9Reg. 12(1)(aa) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 6(4)

F10Reg. 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)