The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1996

• Citation: S.I. 1996/2391
• 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 (No.2) Regulations 1996 and shall come into force on 7th October 1996.

(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

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

(a) in the definition of “family” –

(i) at the end of paragraph (a) the word “and” shall be deleted; and

(ii) after paragraph (b) there shall be added the following paragraph–

(c) in regulation 4(1) and (n) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995 and;

(b) after the definition of “family credit” there shall be inserted the following definition–

“income-based jobseeker’s allowance” has the meaning assigned to it by section 1(4) of the Jobseekers Act 1995;

Section 3 Amendment of regulation 4 of the principal Regulations

In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) –

(a) for paragraph (g) there shall be substituted the following paragraph–

(g) a person who is in receipt of disability working allowance, or

(b) for paragraphs (i) and (j) there shall be substituted the following paragraphs:–

(i) a person who is in receipt of an income-based jobseeker’s allowance, or

(j) a member of the same family as a person who is in receipt of an income-based jobseeker’s allowance, or

(k) a person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence, or

(l) a member of the same family as a person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence.

Section 4 Amendment of regulation 7 of the principal Regulations

In regulation 7 of the principal Regulations (claims for remission or payment)–

(a) in paragraph (1), for the words “regulation 4(e), (f), (i) or (j)” there shall be substituted the words “regulation 4(e) or (f)”; and

(b) in paragraph (3), there shall be omitted the words “or, in the case of a claim by a person who is within a description prescribed by regulation 4(i) or (j), the capital resources”.

Section 5 Amendment of Schedule 1 to the principal Regulations

In Table A of Part I of Schedule 1 to the principal Regulations (modifications of provisions of the Income Support (General) Regulations 1987) after the entry relating to regulations 54 to 60 there shall be added the following entry:–

(a) in column 1 the words “regulation 65”; and

(b) in column 2 the words–

As if for the words “No part” there were substituted the words “(1) Subject to paragraph (2) below, no part”.

As if the following paragraph were added to the regulation–

(2) For the purposes of this regulation and paragraph 15 of Schedule 9 “voluntary payment” shall not include any payment made by a person whose income a Minister of the Crown or an education authority–

(a) would take into account in assessing the amount of a student’s grant if an application for it were to be made;

(b) has taken into account in assessing the amount of a student’s grant and which is in excess of contributions as assessed by a Minister of the Crown or an education authority.

Section 6 Amendment of Schedule 1A to the principal Regulations

In Schedule 1A to the principal Regulations (periods of validity of notices of entitlement) –

(a) paragraph 2 shall be omitted; and

(b) after paragraph 7 there shall be added the following paragraph:–

(8) A person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence.