The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the provisions of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the 1988 Regulations”). The 1988 Regulations and all subsequent amendments are repealed in relation to Wales in accordance with regulation 18 and Schedule 2.

The Regulations make provision so that people who are either in receipt of certain state benefits or who are on a low income are able to obtain the remission and repayment of certain charges, which would otherwise be payable under the National Health Service (Wales) Act 2006, and the payment of travelling expenses incurred in obtaining certain NHS services (NHS travelling expenses). Regulation 3 defines NHS travelling expenses and NHS foreign travelling expenses. Regulation 4 identifies the relevant NHS charges.

The principal changes in relation to the remission and payment of NHS charges from the 1988 Regulations are as follows: following the abolition of charges in respect of drugs and appliances supplied to patients registered with General Practitioners in Wales, or registered with General Practitioners in England but holding a valid entitlement card in accordance with the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007, these Regulations make no provision for the remission or payment of charges for the supply of appliances such as wigs, fabric supports, surgical brassieres and elastic hosiery, as the supply of such items by Local Health Boards and NHS Trusts in Wales are covered by those Regulations.

Part 2 of these Regulations contains provision relating to entitlement. Regulation 5 governs entitlement to payment in full of travelling expenses and to the full remission of certain NHS charges. Regulation 6 makes provision for partial payment and remission in part. Persons who are in receipt of certain state benefits or who are entitled to certain tax credits are not required to make a claim for entitlement under these Regulations on the basis that their income and capital resources will already have been assessed for the purposes of their entitlement to the benefit or tax credit. Other persons who wish to claim entitlement under these Regulations must make a claim in accordance with the provisions of regulation 7. Regulation 8 makes provision for notices of entitlement to be issued to successful claimants.

Part 3 contains provision about payment and repayment. Regulation 9 makes provision for the payment of NHS travelling expenses. Once entitlement is established, the amount due is calculated and paid either by the provider of the services or by the health service body which made the arrangements for the services. Regulations 10 and 11 contain provision relating to repayment in any case where a person who is entitled to the payment of travelling expenses or to the remission of a charge has in fact incurred the expenses or paid the charge. Regulation 12 enables a provider of services who has made a payment in respect of certain travelling expenses to be repaid in cases where the services were provided under an agreement with another body. Regulation 13 deals with the payment and repayment of NHS foreign travelling expenses.

Parts 4 and Schedule 1 concern the method of determining the entitlement of certain persons who are not automatically entitled to receive remission and payment because they are in receipt of certain state benefits or certain tax credits. A calculation is made of the claimant’s (and where relevant, the claimant’s family's) income, capital and requirements. This calculation is made by applying modified provisions of the Income Support (General) Regulations 1987 (“the 1987 Regulations”) as set out in Schedule 1. The reason for the disapplication, in regulation 14(5)(c), of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (“the 2002 Regulations”), is that by virtue of the 2002 Regulations people over the age of 60 are no longer entitled to receive income support and are excluded from the 1987 Regulations. In order to preserve the position of such claimants in relation to the payment of NHS travelling expenses and the remission of certain NHS charges, the amendments made to the 1987 Regulations by the 2002 Regulations are disapplied.

These Regulations also contain a number of changes from the 1988 Regulations which are minor or consequential drafting amendments and which take account of the consolidation of much of the legislation relating to the National Health Service, including the National Health Service Act 1977, in the National Health Service (Wales) Act 2006.