The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2004

Welsh Statutory Instruments

2004 No. 871 (W.86)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2004

Made

23rd March 2004

Coming into force

5th April 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 83A, 126(4) and 128(1) of the National Health Service Act 1977(1) hereby makes the following Regulations:

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (Wales) Regulations 2004 and will come into force on 5th April 2004.

(2) In these Regulations, “the principal Regulations” (“y prif Reolidau”) means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988(2).

(3) These Regulations apply to Wales only.

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2 of the principal Regulations (interpretation), after the definition of “relevant income” insert the following definition—

““ severe disability element” is to be construed in accordance with section 11(6)(d) of the Tax Credits Act 2002(3);”.

Amendment of regulation 4 of the principal Regulations

3.—(1) Regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) is amendment in accordance with the following provision of this regulation.

(2) In paragraph (2)(e)—

(a) in the fall out words, for “£14,200” substitute “£14,600”;

(b) in sub-paragraph (ii), after “disability element” insert “or severe disability element”.

Amendment to Part I of Schedule 1 to the principal Regulations

4.—(1) Table A of Part I of the principal Regulations (modifications of provisions of the Income Support Regulations 1987(4) for the purposes of Part I of this Schedule) is amended in accordance with the following provisions of this regulation.

(2) In the entry relating to regulation 53 for “£12,000” substitute £12,250” and for “£19,500” substitute “£20,000”.

(3) In the entry relating to regulation 45 —

(a) in paragraph (b), for “£19,500” substitute “£20,000”;

(b) in paragraph (c), for “£12,000” substitute “£12,250”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

John Marek

The Deputy Presiding Officer of the National Assembly

23rd March 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the principal Regulations”) which provide for the remission of National Health Service (“NHS”) charges and for the payment of travelling expenses in certain cases.

Some persons are automatically entitled to the remission of NHS charges and to the payment of travelling expenses because they are in receipt of specified state benefits.

Regulation 3 of these Regulations amends regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) to insert an increased figure for the relevant income limit which is used for the calculation of entitlement to working tax credit and child tax credit.

Many persons are not automatically entitled to the remission of NHS charges and payment of travelling expenses. The principal Regulations contain provision for a calculation of a claimant’s income, capital and requirements (and of those of his or her family, where relevant). This calculation is made applying the modified provisions of the Income Support (General) Regulations 1987 that are set out in Schedule 1 to the principal Regulations.

Regulation 4 amends Table A of Schedule 1 to the principal Regulations to uprate the capital limits used in remission and repayment calculations relating to persons living permanently in residential care or nursing homes.

(1)

1977 c. 49 (“the 1977 Act”); section 83A was inserted by section 14(1) of the Social Security Act 1988 (c. 7) and amended by paragraph 6 of Schedule 2 to the Health and Medicines Act 1988 (c. 49), by paragraph 18(5) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and by paragraph 40 of Schedule 1 to the Health Authorities Act 1995 (c. 17).

Section 126(4) was amended by section 65(2) of the 1990 Act and by Schdule 4, paragraph 37(6) to the Health Act 1999 (c. 8).

Section 128(1), as amended by section 26(2)(g) and (i) of the 1990 Act, for the definitions of “prescribed” and “regulations”.

The functions of the Secretary of State under section 83A, 126(4) and 128(1) of the 1977 Act were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I.1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5).

(2)

S.I.1988/551 as amended by S.I.1989/394, 517 and 614, 1990/548, 918 and 661, 1991/557, 1992/1104, 1993/608, 1995/642 and 2352, 1996/410, 1346 and 2362, 1997/748 and 2393, 1998/417, 1999/767 and 2840 (W.20), 2001/1397 (W.92) and 3322 (W275), 2003/975 (W.134) and 2003/2561 (W.250).

(3)

2002 c. 21

(4)

S.I.1987/1967

(5)

1998 c. 38