Statutory Instruments of the Scottish Parliament

" "amount withdrawn" means the amount by which the appropriate maximum disabled person's tax credit or working families' tax credit, as the case may be, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992[3], as the case may be, is reduced by virtue of the claimant's income exceeding the applicable amount;";

(b) for the definition of "disability working allowance"[4] there is substituted - 

" "disabled person's tax credit" means disabled person's tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;";

(c) the definition of "family credit" is omitted;

(d) after the definition of "week" there is inserted - 

" "working families' tax credit" means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;".

Amendment of regulation 4 of the principal Regulations
     3. Regulation 4 of the principal Regulations (description of persons entitled to full remission and payment)[5] - 

(a) for paragraph (c) there is substituted - 


" (c) a person who is in receipt of working families' tax credit with an amount withdrawn of £70 or less,";



(b) for paragraph (d) there is substituted - 



" (d) a member of the same family as a person described in paragraph (c) of this regulation,";



(c) for paragraph (g) there is substituted - 



" (g) a person who is in receipt of disabled person's tax credit with an amount withdrawn of £70 or less,".

Amendment of Schedule 1 to the principal Regulations
     4.  - (1) Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987[6]) shall be amended in accordance with the following provision of this regulation.

    (2) In the entry in column 2 relating to the entry "regulation 65"[7] in column 1, after the words "student's grant" in both places where they occur, there is inserted "or student's loan".

Transitional provision
     5. Where before 5th October 1999 a person was entitled to remission of charges by virtue of regulation 4(c) or (d) of the principal Regulations (remission by reference to entitlement to family credit) or by virtue of regulation 4(g) or (h) of those Regulations (remission by reference to entitlement to disability working allowance), that entitlement shall continue for so long as family credit or disability working allowance, as the case may be, remains in payment.


SUSAN C DEACON
A member of the Scottish Executive

St Andrew's House, Edinburgh
14th September 1999

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 ("the principal Regulations") which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service (Scotland) Act 1978 (c.29) and for the payment of travelling expenses incurred in attending hospital.

The Regulations amend the description of persons entitled to full remission and payment, to include people in receipt of disabled person's tax credit and working families' tax credit, which replace disability working allowance and family credit respectively (regulations 2 and 3). Regulation 5 makes provision in connection with people in receipt of disability working allowance and family credit during the transitional period.

Regulation 4 amends Table A in Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987) in relation to the calculation of resources in the case of students.

[1] 1978 c.29; section 75A was inserted by the Social Security Act 1988 (c.7), section 14(2), and amended by the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 19(13); section 105(7) which contains provisions relevant to the making of regulations was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, paragraph 24 and by the Health Act 1999 (c.8), Schedule 4, paragraph 60; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I.1988/546; relevant amending instruments are S.I.1995/700 and 1996/2391.back

[3] 1992 c.4; sections 128 and 129 were amended by the Tax Credits Act 1999 (c.10), Schedule 1, paragraph 2(g) and (h).back

[4] The definition of "disability working allowance" was inserted by S.I.1995/700.back

[5] Relevant amending instruments are S.I.1995/700 and 1996/2391.back

[6] S.I.1987/1967.back

[7] The entry relating to regulation 65 was inserted by S.I.1996/2391.back

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