The National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2001

• Citation: S.I. 2001/4043
• Sections: 10

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2001.

(2) These regulations shall come into force:

(a) except for regulation 5, on 18th January 2002; and

(b) regulation 5, on 9th April 2002.

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

(4) These Regulations extend to England only.

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2(1) of the principal Regulations (interpretation) the following definition is inserted after the definition of “partner”—

“port” includes an airport, ferry port or international train station in Great Britain from which an international journey begins.

Section 3 Amendment of regulation 3 of the principal Regulations

(1) After sub-paragraph (c) of paragraph (3) of regulation 3 of the principal Regulations (entitlement to full remission and payment) there is inserted—

(d) in travelling to a port in Great Britain for the purpose of travelling to a destination outside the United Kingdom in order to receive treatment provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 .

Section 4 Insertion of regulation 3A in the principal Regulations

After regulation 3 of the principal Regulations (entitlement to full remission and payment) there is inserted—

Entitlement to payment for travel abroad

(3A)

(1) Where a person receives services provided outside the United Kingdom pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990, that person is entitled, subject to paragraph (2), to payment or repayment of the whole amount of the travelling expenses incurred by him in travelling from a port in Great Britain to a destination outside the United Kingdom in order to receive treatment there (including the travelling expenses of a companion in a case where it is necessary on medical grounds that the person should be accompanied).

(2) The entitlement to payment in paragraph (1) is dependent upon the health service body which has made the arrangements agreeing the mode and cost of the travel before costs are incurred.

Section 5 Amendment of regulation 4 of the principal Regulations

In each of sub-paragraphs (c) and (g) of paragraph (2) of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) for “£71” there is substituted “£72.20”.

Section 6 Amendment of regulation 5A of the principal Regulations

In regulation 5A of the principal Regulations (payment of travelling expenses)—

(a) after “3(1)” there is inserted “, 3A”;

(b) after paragraph (a) there is inserted—

(aa) in a case falling within regulations 3(3)(d) or 3A, by the health service body which made the arrangements referred to in those provisions.

Section 7 Amendment of regulation 5B of the principal Regulations

In regulation 5B(1) of the principal Regulations (payment to persons resident in the Isles of Scilly) after the words “in pursuance of the Act” there are added the words “or in making a journey between the Isles of Scilly and a port for the purpose mentioned in regulation 3(3)(d)”.

Section 8 Insertion of regulation 7A in the principal Regulations

After regulation 7 of the principal Regulations (claims for remission or payment) there is inserted the following regulation—

Claims for payment or repayment for travel abroad

(7A)

(1) A person who wishes to claim entitlement under regulation 3A for payment or repayment of any travelling expenses shall apply in writing to the health service body which has arranged the services referred to in that regulation within 3 months of the expenses having been incurred or such further period as that body may for good cause allow.

(2) Paragraphs (1A), (1B) and (2) of regulation 7 shall apply to claims (whether for payment or repayment) made under this regulation with the modification that references to the “Secretary of State” in paragraphs (1B) and (2) are to be read as references to the health service body which arranged the services referred to in regulation 3A.

Section 9 Amendment of regulation 8

After sub-paragraph (ii) of regulation 8(4)(a) of the principal Regulations (repayment) there is inserted—

(iii) in a case falling within regulation 3(3)(d) the body which made the arrangements referred to in those provisions.

Section 10 Amendment of Schedule 1A to the principal Regulations

(1) In paragraphs 5, 6 and 7 of Schedule 1A to the principal Regulations (periods of validity of notices of entitlement) for the word “student” on each occasion it appears there is substituted “full-time student”.

(2) In the Note to Schedule 1A after the definition of “remunerative work” there is added—

“full-time student” has the meaning assigned to it by regulation 61 of the Income Support (General) Regulations 1987