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
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() 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().
(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();”.
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() 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()
John Marek
The Deputy Presiding Officer of the National Assembly
23rd March 2004
Explanatory Note
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.