The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

Amendment of regulation 12 of the Travel Expenses and Remission of Charges Regulations

21.—(1) Regulation 12 of the Travel Expenses and Remission of Charges (repayments) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a)(i)—

(i) for “, an NHS foundation trust or a Primary Care Trust”, substitute “or an NHS foundation trust”, and

(ii) for “, NHS foundation trust or the Primary Care Trust”, substitute “or the NHS foundation trust”;

(b) after sub-paragraph (a)(i), insert—

“(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,”;

(c) for sub-paragraph (a)(ii), substitute—

“(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, ”; and

(d) after sub-paragraph (a)(ii), insert—

“(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”; and

(e) for sub-paragraph (b), substitute—

“(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.”.

(3) In paragraph (2), for “a Primary Care Trust” substitute “a relevant CCG”.

(4) After paragraph (3), insert—

“(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.”.