The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2005

Made11th January 2005

Laid before Parliament11th January 2005

Coming into force1st February 2005

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 83A and 126(4) of the National Health Service Act 19771 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and application1

1

These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2005 and shall come into force on 1^st February 2005.

2

These Regulations apply to England only.

3

In these Regulations—

a

“the principal Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(2; and

b

“the Income Support Regulations” means the Income Support (General) Regulations 19873.

Amendment of the principal Regulations2

In regulation 2 (interpretation) of the principal Regulations after the definition of “standard rate” insert the following definition—

“State Pension Credit Regulations” means the State Pension Credit Regulations 20024;

Amendment of Schedule 1 to the principal Regulations3

1

Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations 1987) is amended as follows.

2

In Table A, in the modifications of Schedule 8 to the Income Support Regulations—

a

for the first entry beginning “In paragraph 4(2)” substitute the following entry—

For paragraph 4(3) substitute the following paragraph—
3
This paragraph applies where—
a
the claimant is aged not less than 60; or
b
the claimant is a member of a couple, where at least one partner is aged not less than 60.

b

for the entry beginning “In paragraph 4 omit” substitute “In paragraph 4 omit sub- paragraphs (4) and (7).”.

3

In Table B, in the modifications of Schedule 2 to the Income Support Regulations—

a

in column 2 of the Table, in the entry beginning “In column (1) of the Table” for “sub-paragraphs (1) to (4)” substitute “sub-paragraphs (1) to (3)”;

b

in column 2 of the Table, in sub-paragraph (2) of the modifications of column (1) of the Table in paragraph 1 of Schedule 2 to the Income Support Regulations, after “single person” insert “or lone parent”; and

c

in column 2 of the Table, in sub-paragraph (3) of the modifications of column (1) of the Table in paragraph 1 of Schedule 2 to the Income Support Regulations, after “lone parent” insert “aged less than 60”.

Signed by authority of the Secretary of State for Health

Rosie WinertonMinister of State,Department of Health11th January 2005

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003. The amendment in regulation 3(2) provides that the earnings disregard set out in Schedule 8 of the Income Support (General) Regulations shall apply to a single person aged 60 or over and to a couple where one or both of the partners is aged 60 or over. The amendment in regulation 3(3) provides that those lone parents aged 60 or more have their requirements calculated in accordance with the prescribed amount in the State Pension Credit Regulations 2002 and those lone parents aged less than 60 have their requirements calculated in accordance with the prescribed amount in the Income Support (General) Regulations 1987.