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The Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2024

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Statutory Instruments

2024 No. 895

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2024

Made

at 12.54 p.m. on 3rd September 2024

Laid before Parliament

at 4.30 p.m. on 3rd September 2024

Coming into force

1st October 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 153(2) and (5), 167(1)(a) and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 2003(1).

In accordance with section 195(3) of that Act, the Secretary of State has consulted with the Welsh Ministers(2).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2024 and come into force on 1st October 2024.

(2) These Regulations extend to England and Wales.

Amendment of Schedule 1 to the 2015 Regulations

2.  In Schedule 1 to the Personal Injuries (NHS Charges) (Amounts) Regulations 2015(3), for the existing table, substitute the following table—

Amount of NHS Charges

(1)(2) Ambulance Service £(3) Out-patient £(4) In-patient £(5) Maximum £
29th January 200715950562037,100
1st April 200816554767240,179
1st April 200917156669541,545
1st April 201017758571942,999
1st April 201118160073744,056
1st April 201218561575545,153
1st April 201318962777046,046
1st April 201419263778346,831
1st April 201519564779647,569
1st April 201620166581748,849
1st April 201720567883349,824
1st April 201820868884650,561
1st April 201921972589153,278
1st April 202022474391354,566
1st April 202122574491554,682
1st April 202223176694156,260
1st April 202323878896857,892
2nd October 202324380699159,248
1st April 20242498251,01460,610
1st October 20242568481,04262,272

Revocation

3.  The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2024(4) are revoked.

Signed by authority of the Secretary of State for Health and Social Care.

Karin Smyth

Minister of State

Department of Health and Social Care

at 12.54 p.m. on 3rd September 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2015 (S.I. 2015/295) (“the principal Regulations”) which make provision about the charges payable under the scheme for recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of their injury has received NHS hospital treatment or ambulance services.

Regulation 2 amends the principal Regulations by substituting the table in Schedule 1. This table provides for increased charges in respect of injuries which occur on or after 1st October 2024. Where the injured person is provided with NHS ambulance services, the charge will be £256 (compared with £249, for injuries incurred between 1st April 2024 and 30th September 2024). Where the injured person receives NHS treatment at a hospital, but is not admitted to hospital, the charge will be £848 (compared with £825 for injuries incurred between 1st April 2024 and 30th September 2024). The daily charge for NHS in-patient treatment will be £1,042 (compared with £1,014 for injuries incurred between 1st April 2024 and 30th September 2024). The maximum charge in respect of an injury will be £62,272 (compared with £60,610 for injuries incurred between 1st April 2024 and 30th September 2024).

Regulation 3 revokes the Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2024 (S.I. 2024/220).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2003 c. 43. By virtue of section 167(1)(a), the powers are exercisable in relation to England and Wales by the Secretary of State. See section 168 for the definition of “prescribed”. Amendments to section 195 are not relevant to the power as exercised in these Regulations.

(2)

Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c. 32) (“GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by section 162(1) of, and paragraph 30 of Schedule 11 to, GOWA.

(3)

S.I. 2015/295, amended by S.I. 2024/220.

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