The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 1990

• Citation: S.I. 1990/551
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 1990 and shall come into force on 1st April 1990 immediately after the coming into force of the provisions of the Income Support (General) Amendment Regulations 1990 specified in regulation 1(1)(a) (“commencement”) of those Regulations.

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

Section 2 Amendment of regulation 2 of the principal Regulations

(1) In regulation 2 (“interpretation”) of the principal Regulations–

(a) in paragraph (1), after the definition of “income support”, there shall be inserted the following definition:–

“partner” has the meaning assigned to it by regulation 2(1) of the Income Support (General) Regulations 1987 ;

(b) in paragraph (2), for the words from “an instrument” to “a reference”, there shall be substituted the words “a provision of the Social Security Act 1986 or to an instrument made under that Act is to be construed as a reference to that provision or, as the case may be,”.

Section 3 Amendment of regulations 3, 5 and 6 of the principal Regulations

(1) In regulations 3(2)(b) and 5(2) of the principal Regulations, for the words “section 70(1)” in each case, there shall be substituted the words “section 70(1A)”.

(2) In regulation 6 (“calculation of resources and requirements”) of the principal Regulations there shall be added at the end of paragraph (2) the words “and in each case in accordance with the provisions of these Regulations in force at that date”.

Section 4 Amendment of Table A in Part I of Schedule 1 to the principal Regulations

In Table A in Part I of Schedule 1 (“Calculation of resources”) to the principal Regulations–

(a) the entry “regulation 24” in column 1 and the corresponding entry in column 2 shall be omitted;

(b) in the substituted regulation 25 set out in column 2 in relation to the entry “regulation 25” in column 1–

(i) after the words “normal weekly income” there shall be inserted the words “from those payments”;

(ii) in sub-paragraph (b), after the word “average”, there shall be inserted the word “amount”;

(c) in column 2 the words from “; and for” to ““, 41 and 42”” where they appear in relation to the entry “regulation 28” in column 1 shall be omitted;

(d) in column 2 for the words “paragraphs (2) to (5)” and the words “paragraphs (2) to (6)” where they appear in relation to the entry “regulation 32” in column 1 there shall in each case be substituted the words “paragraphs (2) to (7)”;

(e) the entries “regulation 33” and “regulation 37” in column 1 and the corresponding entries in column 2 shall be omitted;

(f) in column 2, for the words “and paragraph (3)” where they appear in relation to the entry “regulation 41” in column 1, there shall be substituted the words “and paragraphs (3) and (4)”;

(g) the entry “regulation 43” in column 1 and the corresponding entry in column 2 shall be omitted;

(h) in column 2, for the words “paragraphs (2), (3) and (8)” where they appear in relation to the entry “regulation 44” in column 1, there shall be substituted the words “paragraphs (2), (3), (8) and (9)”;

(i) for the entry in column 2 corresponding to the entry “regulation 48” in column 1, there shall be substituted the following entry:–

As if in paragraph (2) the words from “Except” to “applies”, were omitted; in paragraph (5) the words “Subject to paragraph (6)” were omitted; and paragraphs (6) and (10)(a) and (b) were omitted.

(j) in the entry in column 2 corresponding to the entry “Schedule 8” in column 1, immediately below the words “As if paragraph 6 were omitted.”, there shall be inserted the following words:–

As if in paragraph 7, for the words “none of paragraphs 4 to 6”, there were substituted the words “neither of paragraphs 4 or 5”.

(k) for the entry “Schedule 9” in column 1 and the corresponding entry in column 2, there shall be substituted the following entries:–

Schedule 9 As if paragraph 12 were omitted.

As if in paragraph 15 the references to paragraph 37 were omitted in sub-paragraphs (1) and (2); and sub-paragraph (3)(b) were omitted.

As if in paragraph 16 for the words “paragraphs 36 and 37” there were substituted “paragraph 36”

As if in paragraph 21(1) the words from “or in the case” to “applies” were omitted.

As if in paragraph 28 the words from “Except” to “return to work)” were omitted.

As if paragraphs 30, 34 and 37 were omitted.

Schedule 10 As if in paragraph 17 for the words from “Except” to “payment” there were substituted the words “Any payment”.

Section 5 Substitution of Part II of Schedule 1 to the principal Regulation

For Part II of Schedule 1 (“Calculation of requirements”) to the principal Regulations, there shall be substituted the following:–

CALCULATION OF REQUIREMENTS

(3) A claimant’s requirements shall be calculated as being the amount referred to in sub-paragraph (a) of this paragraph, less, where applicable, the amount referred to in sub-paragraph (b) of this paragraph, as follows:–

(a) the amount which represents the aggregate of–

(i) the weekly applicable amount which would apply to him, including that in respect of any other member of his family, in connection with a claim for income support as specified by the provisions of regulations 17 to 21 of, and Schedules 2, 3 4 and 7 to, the Income Support (General) Regulations 1987 , but subject to the modifications referred to in paragraph 2(b) and (c) and paragraph 4; and

(ii) 80% of the weekly amount of any personal community charge which the claimant or his partner is liable to pay under section 12 of the Local Government Finance Act 1988 or section 8 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 , or of any collective community charge contribution which he or his partner is liable to pay under section 9 of the Local Government Finance Act 1988 or section 11(11) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 but disregarding any such amount where the person liable to pay it is a registered student within the meaning of section 13 of that Act of 1988 or a person undertaking a full-time course of education within the meaning of section 8 of that Act of 1987;

(b) the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any community charge benefit received by the claimant or by any member of his family under the provisions of Part II of the Social Security Act 1986 .

(4) The provisions of the Income Support (General) Regulations 1987 specified in column 1 of Table B in this Schedule shall be applied in accordance with the modifications specified in the corresponding entries in column 2 of that Table.

MODIFICATIONS OF PROVISIONS OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 FOR THE PURPOSES OF PART II OF THIS SCHEDULE

As if for the words from “18 to 22” to “urgent cases)” there were substituted “18 to 21”; and as if paragraph (1)(g) were omitted.

As if for the words from “19 to 22” to “urgent cases)” there were substituted “19 and 21”; and as if paragraph (1)(h) were omitted.

As if in paragraph (1) of each of these Regulations the references to regulation 22 were omitted.

As if in column (1) of the Table in paragraph 1, for heads (a) and (b) of sub-paragraphs (1) and (2) there were substituted in each of those sub-paragraphs the following heads:–

(a) except where head (b) of this sub-paragraph applies, less than 18;

(b) less than 18 and in respect of whom an amount is applicable under Schedule 3;

as if head (c) of sub-paragraphs (1) and (2) were omitted in columns (1) and (2) of that Table;

as if in head (a) of sub-paragraph (3) in column (1) of that Table the word “and” and sub-heads (i) to (v) were omitted;

as if in head (d) of sub-paragraph (3) in column (1) of that Table the words from “and the other” to the end of the head were omitted; and as if heads (aa), (b), (e) and (f) of sub-paragraph (3) were omitted in columns (1) and (2) of that Table.

As if in paragraph 1–

sub-paragraph (aa) were deleted and there were inserted in substitution therefor –

(aa) all payments of interest and capital under an agreement for instalment purchase to buy the dwelling occupied as the home;

(i) mortgage capital payments;

(j) payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;

(k) payments by way of rent which do not otherwise fall within sub-paragraph (c) or (e) of this paragraph;

As if in paragraph 9(1) for the words “paragraph 1(c) to (h)” there were substituted the words “paragraph 1(c) to (h) and (k)

As if paragraph 4(11)(7)(e) were omitted.

As if paragraphs 5(a), 7, 8 and 10 were omitted.

As if in paragraph 1(1)(a) the words from “but, except” to “paragraph 5” were omitted.

As if paragraphs 5 to 12 were omitted.

As if the references in paragraphs 1, 10A, 10B, 10C and 13 to sub-paragraph (g) of regulation 17(1) were omitted.

As if the references in paragraphs 1, 10B and 13 to sub-paragraph (h) of regulation 18(1) were omitted.

As if paragraphs 7 and 17 were omitted.

Section 6 Revocations

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 1989 and the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment ( No. 2) Regulations 1989 are hereby revoked save in respect of claims under the principal Regulations which fall to be determined under the law in force immediately before 1st April 1990.