Amendment of regulation 10 of the Travel Expenses and Remission of Charges Regulations20
1
Regulation 10 of the Travel Expenses and Remission of Charges Regulations (payment of NHS travel expenses) is amended as follows.
2
For paragraph (1), substitute—
1
Subject to paragraphs (3) to (5), where a person is entitled in accordance with regulation 5 or 6 to a payment in respect of NHS travel expenses in relation to services which are provided by a provider pursuant to arrangements made under the 2006 Act with the provider by a health service body—
a
the person may make an application for payment to the provider or the health service body which made those arrangements; and
b
either the provider or that health service body may calculate the actual amount payable in accordance with these Regulations and make the payment.
3
For paragraph (2), substitute—
2
Subject to paragraphs (3) to (5), where a person is entitled in accordance with regulation 5 or 6 to a payment in respect of NHS travel expenses in relation to services which 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—
a
if the provider is an NHS trust or NHS foundation trust, the person may make an application for payment to that NHS trust or NHS foundation trust and that NHS trust or NHS foundation trust must calculate the amount payable in accordance with these Regulations; or
b
if the provider is not an NHS trust or NHS foundation trust, the person may make an application for payment to the relevant CCG and the relevant CCG must calculate the amount payable in accordance with these Regulations and make the payment.
4
For paragraph (3), substitute—
3
In a case falling within regulation 3(1)(b) (travel to a port), the application for payment may be made to, and the calculation and payment must be made by—
a
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
b
where the arrangements referred to in regulation 3(1)(b) were made by a local authority, the relevant CCG.
5
After paragraph (5), insert—
6
In this regulation, “relevant CCG” means the CCG in whose area the person making an application under this regulation was usually resident at the time the application was made.