PART 4CALCULATION OF RESOURCES AND REQUIREMENTS

General

14.—(1) Where it is necessary that the resources or requirements of a person should be calculated for the purposes of these Regulations, they must be calculated by the National Assembly for Wales according to the provisions of this Part and Schedule 1.

(2) The resources and requirements of a person must be calculated—

(a)in the case of a claim made under regulation 7 (claims to entitlement) by reference to his or her resources and requirements at the date of the claim; or

(b)in the case of a claim for repayment made under regulation 10(2) (claims for repayment) by reference to his or her resources and requirements at the date when the NHS charge or NHS travelling expenses were paid.

(3) Where a claimant is a member of a family, the resources and requirements of the other members of his or her family must be calculated in the same manner as those of the claimant and must be taken into account as if they were the claimant’s resources and requirements, and in this Part and in the provisions referred to in Schedule 1, unless the context otherwise requires, any reference to the claimant includes the other members of his or her family.

(4) In a case where the earnings of any person are to be calculated and those earnings have been affected by a trade dispute, the earnings to be taken into account are the earnings which that person would have received if there had been no trade dispute.

(5) In the application of the Income Support Regulations as mentioned in regulation 15 and regulation 16 the provisions of those Regulations must be applied as if—

(a)references to income support were to the remission of NHS charges and the payment of NHS travelling expenses,

(b)references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with regulation 15(4) or, as the case may be, regulation 16(4); and

(c)the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002(1) had not been made.