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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 460
NATIONAL HEALTH SERVICE
The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

	Made	26th September 2003
	Laid before the Scottish Parliament	29th September 2003
	Coming into force	6th October 2003

The Scottish Ministers, in exercise of the powers conferred by sections 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
1. These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 and shall come into force on 6th October 2003.

Interpretation
2. In these Regulations, unless the context otherwise requires-

"the Act" means the National Health Service (Scotland) Act 1978;

"capital limit" in the case of-

(a) a person who lives permanently in accommodation provided by a care home service provider under section 2(3) of the Regulation of Care (Scotland) Act 2001[

"date of claim" means the date on which a claim made under regulation 9(1) or regulation 11(2) is received in an appropriate office or by the Secretary of State;

"disability element" means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;

"partner" means, where a claimant-

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"relevant charges" and "relevant travelling expenses" have the meanings prescribed by regulation 3(1);

15

16

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"week" means a period of 7 days beginning at midnight between Saturday and Sunday; and

"working tax credit" means working tax credit under section (1)(b) of the Tax Credits Act 2002.

Entitlement to full remission and payment
3. - (1) Any person of a description prescribed by regulation 4 is entitled, in accordance with the following provisions of these Regulations, to the remission of the whole amount of any charges specified in paragraph (2) which would otherwise be payable by that person ("relevant charges"), and to payment, in accordance with regulation 6 and 7, of the whole amount of the travelling expenses including, where applicable, the whole amount of the overnight accommodation expenses, referred to in paragraphs (3), (4) and (5) ("relevant travelling expenses").

(2) The specified charges for the purpose of paragraph (1) are-

(a) charges for drugs, medicines, appliances and pharmaceutical services payable in pursuance of section 69(1) of the Act[

(3) Paragraph (1) applies in the case of travelling expenses necessarily incurred or to be incurred by a person in attending a hospital for the purpose of availing that person of services provided under the care of a hospital consultant in pursuance of the Act, and includes the travelling expenses of a companion in a case where-

    (4) Paragraph (1) applies in the case of overnight accommodation expenses necessarily incurred in obtaining such accommodation for the purpose of paragraph (3) by a person or a companion whose travelling expenses are payable by virtue of that paragraph.

    (5) The travelling expenses, including as applicable overnight accommodation expenses, to be taken into account for the purposes of paragraphs (3) and (4) are to be the costs of travelling by the cheapest means of transport and of overnight accommodation in the cheapest facilities reasonably available.

    (6) For the purposes of sub-paragraph (3) "child" means a person who has not attained the age of 16.

Description of persons entitled to full remission and payment
     4. - (1) Regulation 3(1) applies-

(a) in the case of the charges in regulation 3(2)(b)-

(b) in any other case to any person described in paragraph (2) who, at the time when the relevant charges are made or when the relevant travelling expenses are incurred, is a person described in paragraph (2).

(2) The persons described are-

(a) a person who is in receipt of income support;

(b) a member of the same family as a person who is in receipt of income support;

(c) a person whose requirements equal or exceed that person's income resources and whose capital resources do not exceed the capital limit;

(d) a member of the same family as a person described in paragraph (2)(c) of this regulation;

(e) a person who is in receipt of an income-based jobseeker's allowance;

(f) a member of the same family as a person who is in receipt of an income-based jobseeker's allowance;

(g) a person who lives permanently in accommodation provided by a local authority under the Social Work (Scotland) Act 1968[

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(ii) where the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed Ł14,200;

(k) a person who is in receipt of pension credit guarantee credit; or

(l) a member of the same family as a person who is in receipt of pension credit guarantee credit.

Persons entitled to remission in part or payment in part
5. - (1) A person who is not of a description prescribed by regulation 4 and whose capital resources do not exceed the capital limit is entitled, in accordance with the following provisions of these Regulations, to the remission of part of any relevant charges or, as the case may be, payment, in accordance with regulation 6, of part of any relevant travelling expenses if at the time when the relevant charges are made or when the relevant travelling expenses are incurred the person is-

(a) a person whose income resources exceed the person's requirements by less than a third of the relevant charges or, as the case may be, by less than the relevant travelling expenses; or

(b) a member of the same family as a person described in sub-paragraph (a) of this paragraph.

    (2) This regulation applies only in respect of charges for wigs, fabric supports and surgical brassieres payable in pursuance of section 69(1) of the Act (supplied otherwise than under Part II of the Act), charges for dental appliances and dental treatment payable in pursuance of section 70(1A) or section 71(1) of the Act or of section 20(1) of the National Health Service (Primary Care) Act 1997, and any relevant travelling expenses.

    (3) The amount of any relevant charges which a person is entitled by paragraph (1) to have remitted is the difference between the relevant charges and 3 times the amount by which the person's income resources exceed the person's requirements.

    (4) The amount of the relevant charges for the purposes of paragraph (3) are in the case of-

(a) a charge under section 69(1) of the Act for the supply of an appliance, the charge made for that appliance;

(b) a charge-

the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment; or

(c) in the case of a charge for the supply of a dental appliance supplied otherwise than under Part II of the Act or under Part I of the National Health Service (Primary Care) Act 1997, the charge made for that appliance.

(5) Subject to regulation 7, the amount of the relevant travelling expenses which a person is entitled by paragraph (1) to be paid is the difference between the relevant travelling expenses incurred in any week and the amount by which the person's income resources exceed the person's requirements.

Payment of relevant travelling expenses
6. Where a payment falls to be made under regulations 3(1) or 5(1) in respect of relevant travelling expenses, that payment shall be made-

(a) in a case where the relevant travelling expenses are incurred or to be incurred by a person in attending a hospital which is vested in an NHS trust, by that NHS trust; or

(b) in any other case, by the Health Board.

Payment to persons resident in the Highlands and Islands
7. - (1) A person of the description prescribed in paragraph (3) who is not a person of a description prescribed by regulation 4 is entitled to payment of relevant travelling expenses incurred or to be incurred in making a journey between the person's normal place of residence in the Highlands and Islands and a hospital in the United Kingdom for the purpose of availing the person of services provided under the care of a hospital consultant in pursuance of the Act, provided that-

(a) the distance travelled from the person's home (or place of residence while working) to the hospital must be 30 miles or more, or involve a journey by sea of more than 5 miles; and

(b) the relevant travelling expenses are more than Ł8, and the person makes a contribution of Ł8 towards the relevant travelling expenses.

(2) The relevant travelling expenses referred to in paragraph (1) include-

(a) those of the return journey; and

(b) those of a companion in a case where it is necessary on medical grounds that the person referred to in paragraph (1) should be accompanied.

(3) Paragraph (1) applies to a person who, at the time when the relevant travelling expenses referred to in paragraph (1) are incurred, is normally resident or working on a long-term basis in the area comprising-

(a) the local government areas of Highland, Western Isles, Orkney Islands and Shetland Islands;

(b) that part of the local government area of Argyll and Bute which is the area of the former Argyll and Bute District Council and the islands of Arran, Great Cumbrae and Little Cumbrae; and

(c) in the local government area of Moray, the areas of the former parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes.

(4) Where a payment falls to be made under paragraph (1) in respect of relevant travelling expenses, that payment shall be made-

(a) in a case where the relevant travelling expenses are incurred or to be incurred by a person in attending a hospital which is vested in an NHS trust, by that NHS trust; or

(b) in any other case, by the Health Board.

Calculation of resources and requirements
8. - (1) Where it is necessary that the resources or requirements of a person, or the relationship between them, should be calculated for the purposes of these Regulations, they shall be calculated by the Scottish Ministers according to the provisions of this regulation and the Schedule.

(2) For the purposes of paragraph (1), the resources and requirements of a person shall be calculated in the case of a claim made under-

(a) regulation 9(1), by reference to the person's resources or requirements at the date of claim; or

(b) regulation 11(2), by reference to the person's resources or requirements at the date when the relevant charges or relevant travelling expenses are paid in full,

and in each case in accordance with the provisions of these Regulations in force at that date.

(3) Unless any provision referred to in the Schedule specifies to the contrary, where a claimant is a member of a family-

(a) the resources of the other members of the claimant's family shall be calculated or estimated in the same manner as those of the claimant and shall be taken into account as if they were the claimant's resources; and

(b) in calculating the claimant's requirements, the requirements of the other members of the claimant's family shall be taken into account according to the provisions of the Schedule.

    (4) In a case to which paragraph (3) applies, unless the context otherwise requires, any reference to a "claimant" in the Schedule or in the provisions referred to in the Schedule shall be construed as including the other members of the claimant's family.

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

Claims for remission or payment
     9. - (1) Subject to paragraph (2), a person who falls within sub-paragraph (a) or (b) below and who wishes to claim their entitlement under regulations 3(1) or 5(1) shall, if the person comes within a description prescribed by regulations 4(2)(c), (d), (g), (h) or (i), or 5(1), make a claim to the Scottish Ministers on a form provided by or on behalf of the Scottish Ministers for that purpose, and shall send or deliver that form to the Scottish Ministers, or to an office receiving and processing such claims on their behalf.

    (2) Subject to paragraph (3), where a person is unable for the time being to act, a claim may be made on that person's behalf by another person.

    (3) The Scottish Ministers may refuse to accept a claim made by one person on behalf of another where, in the Scottish Minister's opinion-

(a) the person on whose behalf the claim is made is able to act; or

(b) the person making the claim is not a suitable person to act on behalf of that other person.

    (4) A claimant shall produce in support of a claim such evidence as the Scottish Ministers may reasonably require.

    (5) The Scottish Ministers may treat any claim under paragraph (1) as a claim to entitlement in respect of all the relevant charges and relevant travelling expenses and shall calculate the resources and requirements of the claimant according to the provisions of regulation 8 and the Schedule.

Notices of entitlement
     10. - (1) Where the Scottish Ministers determine, on a claim made under either regulation 3 or regulation 5 that the claimant and any member of the claimant's family are entitled to any remission of a relevant charge or any payment in respect of relevant travelling expenses, they shall issue a notice of entitlement to the claimant.

    (2) Where a person is entitled to full remission of a relevant charge and payment in full of relevant travelling expenses because the person is a member of a family described in regulation 4(2)(j)(i), the Scottish Ministers must issue a notice of entitlement to that family and in such a case the notice shall apply to all the members of that family.

    (3) A notice of entitlement issued under paragraph (1) applies to all members of the claimant's family and must state-

(a) whether those persons are entitled to full or partial remission or payment; and

(b) in the case of partial remission or payment, the amount of any relevant charge or relevant travelling expenses for which there is no entitlement to remission or payment.

(4) A notice of entitlement issued under paragraph (1) or paragraph (2) must state the length of time for which it is valid and the dates on which that time begins and ends.

(5) A notice of entitlement issued under paragraph (1) is valid for 12 months beginning on the date of the claim except that-

(a) in the case of a notice issued to a full time student in the final or only year of a course of study, it is valid from the date of the claim until the last day of that course; and

(b) in the case of a notice issued to a person mentioned in regulation 4(2)(h) or (i) (asylum seeker or a member of the family of the asylum seeker), it is valid for 6 months beginning on the date of the claim.

    (6) A notice of entitlement issued under paragraph (2) is valid from such date and for such period as the Scottish Ministers may determine.

    (7) Subject to paragraphs (9) and (10), any change in the financial or other circumstances of a claimant, or of any member of the claimant's family, during the period of a notice of entitlement shall not affect its validity in respect of that period or, in the case of partial remission or payment, the amount referred to in paragraph (3)(b).

    (8) A claimant who is issued with a notice of entitlement to partial remission may make a further claim in accordance with regulation 5 at any time during the period of the notice if the claimant considers that by reason of a change in the claimant's financial circumstances or those of any member of the claimant's family the amount referred to in paragraph (3)(b) should be reduced.

    (9) A claimant to whom a notice of entitlement has been issued under this regulation must return it to the Scottish Ministers in any case where the claimant's claim is found to have been based on a false representation.

    (10) A notice of entitlement issued under this regulation is effective only for the purpose of entitlement to remission of relevant charges and payment of relevant travelling expenses in accordance with these Regulations.

Repayment
     11. - (1) Subject to the following provisions of these Regulations, a person of a description prescribed by regulations 4 or 5(1) who pays any relevant charges or relevant travelling expenses without exercising the person's right under regulations 3(1) or 5(1) to remission or payment is entitled to be repaid whatever amount would otherwise have been remitted or paid.

    (2) Subject to paragraph (3), it is a condition of the entitlement to repayment under paragraph (1) of a person of any description that the person makes a claim to the Scottish Ministers for repayment within three months after payment of the relevant charges or relevant travelling expenses (or within such further period as the Scottish Ministers may for good cause allow) and that the person makes that claim on a form provided by or on behalf of the Scottish Ministers for that purpose for persons of that description.

    (3) Subject to paragraph (4), where a person is unable for the time being to act, a claim may be made on behalf of that person by another person.

    (4) The Scottish Ministers may refuse to accept a claim made by one person on behalf of another where, in the Scottish Ministers' opinion-

(a) the person on whose behalf the claim is made is able to act; or

(b) the person making the claim is not a suitable person to act on behalf of that other person.

(5) It is a further condition of entitlement to repayment under paragraph (1) that the claimant produces in support of the claim such evidence as the Scottish Ministers may reasonably require.

(6) Where the Scottish Ministers are satisfied that a claimant is entitled to any repayment under paragraph (1) they shall-

(a) in the case of a repayment to be made in respect of-

(i) relevant charges made by an NHS trust or a Health Board, other than a charge for drugs or for appliances mentioned in sub-paragraphs (a) or (b) of regulation 5(1) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001[

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authorise in writing the repayment of the amount in question to the claimant by the NHS trust or the Health Board; or

(b) in any other case, cause a repayment to be made to the claimant in such manner as appears to the Scottish Ministers to be appropriate in the circumstances of the particular case.

    (7) On receipt of an authorisation given under paragraph (6)(a) the NHS trust or the Health Board shall pay the amount in question to the claimant.

Reimbursement of payments made in respect of relevant travelling expenses
     12. - (1) Where a Health Board or an NHS trust ("the provider") makes a payment under regulations 3(1) or 5(1), or a repayment under regulation 11(7), in respect of relevant travelling expenses incurred or to be incurred by a person who is receiving services from the provider under the terms of an NHS contract the amount of the payment or repayment in question shall be reimbursed to the provider by the Health Board which has responsibility for the health care of that person.

    (2) In this regulation the expression "Health Board which has responsibility for the health care of that person" has the meaning indicated by article 2 of the Functions of Health Boards (Scotland) Order 1991[25].

Transitional provisions
     13. Where, before the date of coming into force of these Regulations-

(a) a person was entitled to, but had not made a claim for the remission, in whole or in part, of any relevant charges or the payment, in whole or in part, of any relevant travelling expenses under either the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988[

26

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Revocation
14. The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003 are revoked.

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
26th September 2003

SCHEDULERegulation 8

PART I
CALCULATION OF RESOURCES
1. A claimant's resources shall be calculated in terms of income and capital and shall be calculated as follows:-

(a) income shall be calculated on a weekly basis according to the method of calculating or estimating income as prescribed by the provisions of Part V of, and Schedules 8 and 9 to, the Income Support (General) Regulations 1987[

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2. The provisions of the Income Support (General) Regulations 1987 shall be applied as follows:-

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(c) as if there were inserted in regulation 2 (interpretation) of those Regulations after the definition of "relative"-

" "relevant date" means-

TABLE A MODIFICATIONS OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 FOR THE PURPOSES OF PART I OF THIS SCHEDULE

Column 1 Column 2

Regulation or Schedule Modification

Regulation 23 In paragraph (1)[30] for "section 22(5) of the Act" substitute "regulation 8(3) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003".

Regulation 25 For the whole of regulation 25 (liable relative payments) substitute-

"      25. -

    (1) Where a claimant's income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income from those payments shall be determined-

(a) if before the relevant date those payments are made at regular intervals and in regular amounts, by reference to the normal weekly amount; or

(b) if they are not so made, by reference to the average amount of such payments received in the 13 weeks immediately preceding the week which includes the relevant date.

    (2) Any maintenance payment other than one to which paragraph (1) of this regulation applies shall be treated as capital.".

Regulation 25A Omit this regulation.

Regulation 28 In paragraph (1)[31] omit the words from "For the purposes" to "income support)".

In paragraph (1)(a) for "the weekly amount of his income" substitute "the normal weekly amount of his income at the relevant date".

Regulation 29 Omit this regulation.

Regulation 30 In paragraph (1)[32] omit the words "Except where paragraph (2) applies".

In paragraph (1)(a) at the beginning insert the words "except where sub-paragraphs (b) or (c) apply,".

In paragraph (1)(b) at the beginning insert the words "except where sub-paragraph (c) applies,".

After paragraph (1)(b) insert-

" or

(c) where in respect of the employment the claimant provides a profit and loss account (and, where appropriate, a trading account or a balance sheet or both), and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period ends within the 12 months preceding the relevant date.".

After paragraph (1) insert-

    " (1A) In paragraph (1)(c)-

(a) "balance sheet" means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question;

(b) "profit and loss account" means a financial statement showing the net profit or loss of the employment for the period in question; and

(c) "trading account" means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.".

Omit paragraph (2).

Regulation 31 Omit this regulation.

Regulation 32 In paragraph (1)[33] for "regulation 29" substitute "regulation 28" and for "subject to paragraphs (2) to (7)" substitute "subject to paragraph (6)".

In paragraph (6) omit "and has changed more than once".

Omit paragraphs (3)-(5), (6A) and (7).

Regulation 35 Omit paragraphs (1)(c), (1)(g), (1)(i), (1A) and (2A).

In paragraph (1)(d)[34] omit the words after "employment".

In paragraph (2)(a)[35] omit the words "subject to paragraph (2A)".

Regulation 36 In paragraph (1) for "regulation 29 (calculation of earnings of employed earners)" substitute "regulation 28 (calculation of income)".

Regulation 38 In paragraph (3)[36] for "paragraph (9)" substitute "paragraphs (3A) or (9)".

After paragraph (3) insert-

    " (3A) For the purpose of paragraph (1)(a), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less-

(a) subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment; and

(b) an amount in respect of-

(i) income tax;

(ii) social security contributions payable under the Social Security Contributions and Benefits Act 1992[37], calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

(iii) one half of any premium paid in the period that is relevant under regulation 30 (calculation of earnings of self-employed earners) in respect of a retirement annuity contract or a personal pension scheme.".

In paragraph (4) after "the net profit of the employment" insert ", except where paragraphs (3A) or (9) apply.".

Regulations 39A-D Omit these regulations.

Regulation 40 In paragraph (1)[38] for "regulation 29 (calculation of income other than earnings)" substitute "regulation 28 (calculation of income)" and for "paragraphs (2) to (3B)" substitute "paragraphs (2) and (3)".

Omit paragraphs (3A) to (5).

Regulation 41 In paragraph (1)[39] for "on the first day" to "the date of that supersession" substitute "at the relevant date".

Omit paragraphs (3) and (4).

Regulation 42 In paragraph (4)[40] omit the words from "and in the case of" to "(trade disputes) applies".

Regulation 45 For this regulation substitute-

"      45. Capital Limit
For the purposes of Regulation 5(1)(a) of the National Health Service (Travelling Expenses and Remission of Charges)(Scotland) (No. 2) Regulations 2003 the capital limit is-

(a) for a claimant under 60, or if the claimant has a partner, where both are under 60 - Ł8,000;

(b) for a claimant permanently residing in accommodation as defined in Regulation 19A - Ł19,500; or

(c) for a claimant 60 or over, or if the claimant has a partner, where either or both are 60 or over, and neither is permanently residing in accommodation as defined in Regulation 19A - Ł12,000.".

Regulation 46 In paragraph (1)[41] omit from "For the purposes" to "income support".

Regulation 48 In paragraph (2)[42] omit from "Except" to "applies".

In paragraph (5) omit "Subject to paragraph (6)".

Omit paragraphs (6) and (10)(a) and (b).

Regulation 49 In paragraph (b)(i)[43] for "first day" to "date of that supersession" substitute "relevant date".

Regulation 51 Omit paragraph (1)(b).

Regulation 51A Omit this regulation.

Regulation 53 In paragraph (1A)[44] for "Ł10,000" on each occasion it appears substitute "Ł12,000" and for "Ł16,000" substitute "Ł19,500".

For paragraph (1B) substitute-

    " (1B) For the purposes of paragraph (1A) and regulation 45 the prescribed circumstances are that the claimant lives permanently in accommodation as set out in Regulation 19A.".

In paragraph (3)[45] for "regulation 60" substitute "regulation 25."

Regulations 54 - 60E Omit these regulations.

Regulation 61 In paragraph (1)[46] as if, in the case of a student supported by the Student Awards Agency for Scotland, in the definition of "academic year", for "1st September", there were substituted "1st August".

Regulation 62 In paragraph (3)[47] from the beginning to the words "shall be apportioned" substitute "Subject to paragraph (3A), a student's grant income shall be apportioned".

In paragraph (3)(a) for "in the period beginning with the benefit week", to "the last day of which coincides with, or immediately precedes, the last day of the period of study," substitute "in that period".

In paragraph (3)(b) for "in the period beginning with the benefit week", to "the last day of the period for which it is payable," substitute "in respect of which it is payable".

In paragraph (3A)[48] omit "under the provisions referred to in paragraph (3)" and "or, if there are 53 benefit weeks (including part-time weeks) in the year, 53".

Omit paragraph (3B).

In paragraph (4), for "the weeks in the period beginning with the benefit week", to "the last day of the period of experience" substitute "the remaining weeks in that period".

Regulation 63 In paragraph (2) omit "or, if there are 53 benefit weeks (including part-time weeks) in the year, 53".

Regulation 64 In paragraph (1)(c) omit "or if there are 53 benefit weeks (including part-time weeks) in the year, 53".

Regulation 65 For "No part"[49] substitute "(1) Subject to paragraph (2), no part".

After paragraph (1) insert-

    " (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 the Scottish Ministers-

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

(b) has taken into account in assessing the amount of a student's grant or student's loan and which is in excess of contributions as assessed by the Scottish Ministers.".

Regulation 66A[50] For paragraph (2) substitute-

    " (2) In calculating the weekly amount of the loan to be taken into account as income-

(a) except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year; or

(b) in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year's duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course,

and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount so apportioned there shall be disregarded Ł10.".

After paragraph (2) insert-

    " (2A) This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.

    (2B) This paragraph applies where the claimant is a student to whom paragraph 12 of Schedule 1B applies.

    (2C) This paragraph applies where the student is a partner of a claimant and the claimant is not also a student.".

Schedule 8 In paragraph 4(2)[51] after "disability premium" insert "or higher pensioner premium".

In paragraph 4 omit sub-paragraphs (3), (4), and (7).

In paragraph 6A(1)[52] for "none of the paragraphs 4 to 6 applies" substitute "paragraph 4 does not apply".

In paragraph 7[53] for the words "none of paragraphs 4 to 6B" substitute "none of paragraphs 4 or 5 or 6A or 6B".

In paragraph 8[54] omit "part-time".

After paragraph 8 insert-

"      8A. In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, Ł10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than Ł10.".

In paragraph 9 for "8" substitute "8A".

Omit paragraphs 6, 10, 13 and 16.

Schedule 9 In paragraph 15[55], in sub-paragraph (1) omit "paragraph 37", and omit sub-paragraph (3)(b).

In paragraph 16[56] for "paragraphs 36 and 37" substitute "paragraph 36".

In paragraph 19[57] for "Ł4.00" substitute "Ł20.00" and omit sub-paragraph (b).

In paragraph 21(1)[58] omit "or in the case of a person to whom section 23 of the Act (trade dispute) applies".

In paragraph 28[59] omit from "Except" to "return to work)".

For paragraph 29(1) substitute-

    " (1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain payments of housing costs on a loan which qualifies under paragraphs 15 or 16 of Schedule 3, or for repairs or improvements to the dwelling occupied as the home to the extent that it is used to meet-

(a) repayments of unsecured loans for the purposes of carrying out repairs and improvements to the dwelling occupied as the home; or

(b) any amount due by way of premiums on that policy.".

Omit paragraphs 30, 34 and 37.

After paragraph 76 insert-

"      77. Any payment of State Pension Credit Savings Credit as defined under sections 1 and 3 of the State Pension Credit Act 2002[60].".

Schedule 10 In paragraph 17[61] for the words from "Except" to "payment" substitute "Any payment".

PART II
CALCULATION OF REQUIREMENTS
3. - (1) A claimant's requirements shall be calculated as being the amount referred to in head (a) below less, where applicable, the amount referred to in head (b) below, as follows:-

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(b) the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any council tax benefit to which the claimant or any member of the claimant's family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992[64].

    (2) Subject to sub paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which the claimant is resident with one or more other persons, the claimant's liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.

    (3) Sub paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only the claimant's partner.

     4. The provisions of the Income Support (General) Regulations 1987 specified in column (1) of Table B in this Schedule shall be applied-

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

Column 1	Column 2
Regulation or Schedule	Modification
Regulation 3	In paragraph (1)[67] omit the words "or with whom a claimant normally resides". In paragraph (2B)[68] omit the words "subject to paragraph (2C)". Omit paragraph (2C).
Regulation 17	In paragraph (1)[69] for the words from "18 to 22A" to "urgent cases" substitute "18, 19A and 21". Omit paragraphs (1)(bb) and (g). In paragraph (1)(e) omit "mortgage interest payments or" and "other".
Regulation 18	In paragraph (1)[70] for the words from "regulations 21 to 22A" to "urgent cases" substitute "regulations 19A and 21 (special cases)". Omit paragraph (1)(cc) and (h). After Regulation 18 insert- " Care Homes 19A. Where the claimant lives permanently in- (a) accommodation provided by a care home service provider or by a local authority under the Social Work (Scotland) Act 1968[71]; or (b) in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948[72], and he is a resident of such accommodation due to his personal circumstances and not as a carer, then his weekly applicable amount shall be calculated in accordance with Part 1 of Schedule 4A.".
Regulation 21	In paragraph (1)[73] omit from "Subject to" to "amounts)". In paragraph (3)[74] omit "partner of a person subject to immigration control". In paragraph (3) omit the definition of "person from abroad". Omit paragraphs (1B), (2), (3A), (3B), (3C), (3D), (3E), (3F), (4), (4A), (4B) and (5).
Regulations 21ZB and 22A	Omit these regulations
Schedule 2	In column (1) of the Table[75] for sub-paragraphs (1) to (3) substitute- " (1) Single Person aged not less than 25; (2) Lone Parent; (3) Single Person aged less than 25; (4) Couple". In column (2) of the Table (amounts) insert- (a) against sub-paragraph (1) of column (1), the amount prescribed in paragraph 1(e) of column (2) in the unmodified Regulations; (b) against sub-paragraph (2) of column (1), the amount prescribed in paragraph 1(e) of column (2) in the unmodified Regulations; (c) against sub-paragraph (3) of column (1), the amount prescribed in paragraph 1(b) of column (2) in the unmodified Regulations; and (d) against sub-paragraph (4) of column (1), the amount prescribed in paragraph 3(d) of column (2) in the unmodified Regulations. Omit paragraphs 1A, 2A, 9, 9A, 10(3), 10(4), 12(1)(c), 12(4), 15(2) and 15(2A). In paragraph 2(1)[76] omit "for the relevant period specified in column (1)". In paragraph 3(1)(a)[77] omit the words from "to whom" to "(3) apply" and omit paragraphs (2) to (7). For paragraph 10 substitute- " 10 - (1) Where the claimant is a single claimant or a lone parent, the condition is that he is aged not less than 60; (2) Where the claimant has a partner, the condition is that he or his partner is aged not less than 60.". For paragraph 11(b) substitute- " (b) where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them.". In cross heading to paragraph 12, omit "Higher Pensioner". In paragraph 12(1)(a)(i)[78] for the words "long term incapacity benefit" substitute "incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks," and omit the words from "but, in the case" to "in respect of him". In paragraph 12(1)(b)[79] after "the claimant" insert "or, as the case may be, his partner" and for sub-head (ii) substitute- " (ii) has been so entitled or so incapable for a continuous period of at least 28 weeks.". In paragraph 12(6)[80] after "sub-paragraph (1)(a)(i)" delete "or (c)(i)" and for "long-term incapacity benefit" substitute "incapacity benefit, notwithstanding the requirement that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,". In paragraph 13(2)(a)(ii)[81] and 13(2)(b)(iii)[82] for "normally residing" substitute "residing with him" and delete "or with whom he is normally residing".
Schedule 3	In paragraph 1(1)(b) for "paragraphs 15 to 17" substitute "paragraph 17". For paragraph 1(2) substitute- " (2) In this Schedule "period of study" has the meaning specified in regulation 61 (Interpretation)." For paragraph 1(3) substitute- " (3) For the purposes of this Schedule a disabled person is a person- (a) who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2 and whose capital does not exceed the capital limit; or (b) who is aged 75 or over and whose capital does not exceed the capital limit; or (c) in respect of whom a disabled child premium is included in his applicable amount or the applicable amount of a person living with him.". For paragraph 2(1)(c) substitute- " (c) he in practice shares the housing costs with other members of the household, where no member of that household who is liable to meet those costs is a close relative of the claimant or his partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.". Omit paragraphs 1A, 2(2), 3(7)-(10) 6-16 and 18(7)(e). In paragraph 3(12) for "not exceeding" substitute "is not likely to exceed". For paragraph 4 substitute- " 4. No amount may be met under the provisions of this Schedule where the claimant is in accommodation which is a care home or accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act[83] except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and, in so far as they relate to temporary absences, the provisions of paragraphs 3(11) and (12) apply to him for those absences.". In paragraph 17- (a) in the cross heading for "Other" substitute "Qualifying"; (b) in sub-paragraph (1) omit head (f) and immediately before head (a) insert- " (za) any periodical payment which a person is liable to make by way of rent in respect of a dwelling he occupies as his home; (zb) payments of interest and capital- (i) of a mortgage or loan secured on the dwelling occupied as the home; (ii) under a hire purchase agreement or other loan to buy the dwelling occupied as the home; or (iii) in respect of a loan taken out to adapt the dwelling occupied as the home for the special needs of a disabled person; (zc) payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;". (c) In sub-paragraph (2) omit head (c) and for "Subject to" to "amounts" substitute "Subject to sub-paragraphs (3), (3A) and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (e) of sub-paragraph (1)" and in head (a) omit the words from "unless the claimant" to the end of the head; and (d) After sub-paragraph (3) insert- " (3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (e) of sub-paragraph (1) payable in respect of a period of study, to be paid irregularly or so that- (a) no such costs are payable for or collected in the Christmas or Easter vacation within a period of study; or (b) the costs in respect of the Christmas or Easter vacations within a period of study vary from those in the rest of that period of study, the weekly amount shall be the amount payable in respect of a period of study divided by the number of weeks in that period of study. (3B) Where the housing costs, to be calculated in accordance with sub-paragraph (3A), are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction shall be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study.". For paragraph 18(7)(f) substitute- " (f) to whom paragraph (2B) of regulation 3 (definition of non-dependant) would apply;".
Schedule 3B	After Schedule 3B insert- " Schedule 4A Applicable amounts of a person in accommodation within the meaning of Regulation 19A. 1. - (1) The applicable amount of a claimant to whom regulation 19A applies shall be the aggregate of- (a) subject to paragraphs (2) and Schedule 2, the weekly charge for the accommodation, including all meals and services provided for him or, if he is a member of a family, for him and his family increased, where appropriate, in accordance with paragraph (2); and (b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph (2). (2) Except where otherwise provided, no amount shall be included in respect of a child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the Claimant would exceed Ł3,000. 2. - (1) The allowance for personal expenses for the claimant and his partner (where appropriate) shall be that set out in Schedule 9 to the Social Security (Claims and Payments) Regulations 1987[84] at paragraph 4(2)(c). (2) Where the claimant has a dependent child or children residing with him, the personal expenses allowed for each dependant shall be that set out in Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 at paragraph 4(2)(c).".
Schedule 7	Omit the references in paragraph 1[85] to sub-paragraph (g) of regulation 17 (1) and sub-paragraph (h) of regulation 18(1). Omit both columns of paragraphs 6, 7, 10A, 10B, 10C, 16A, 17 and 19A. In the first column of paragraph 9(a) for sub-paragraphs (i) and (ii) substitute- " (i) accommodation provided by a care home service provider or by a local authority under the Social Work (Scotland) Act 1968[86]; (ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948[87]". In the first column of paragraph 9(b) for sub-paragraphs (iii) and (iv) substitute- " (iii) accommodation provided by a care home service provider or by a local authority under the Social Work (Scotland) Act 1968; (iv) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948". After paragraph 10 insert- " 10ZA. A claimant who is a lone parent who is temporarily in accommodation provided by a care home service provider or by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948. 10ZB. Any amount applicable to the claimant under paragraph 1(1) of Schedule 4A, determined as if he were a single claimant plus- (a) in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 or under this Schedule as appropriate; and (b) any amount which would be applicable to the claimant, if he were not living away from home, under regulation 17(1)(c) or (d) in so far as it relates to the lone parent premium and family premium under paragraph 8 of Schedule 2.".