Citation and commencement

1. These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2008 and come into force on 27th October 2008.

Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

2.–(1) The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003(2) are amended as follows.

(2) In regulation 2 (interpretation)-

(a) for the definition of "family", substitute

• "has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992(3) as it applies to income support, except that:

  (a)

  in regulation 4(2)(f) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995(4);

  (b)

  in regulations 4(2)(j) and 10(2) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002(5);

  (c)

  where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999(6), it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom the asylum-seeker has included in that claim, and references to "family" in regulations 4(2)(i) and 10(1), (3) and (7) shall be construed accordingly; and

  (d)

  in regulation 4(2)(o) it has the meaning assigned to it by regulation 2 of the Employment and Support Allowance Regulations 2008(7);"; and

(b) after the definition of "income-based jobseeker´s allowance" insert-

""income-related employment and support allowance" means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007(8);".

(3) In regulation 4(2) (description of persons entitled to full remission and payment), after sub paragraph (m) insert-

"(n) a person who is in receipt of income-related employment and support allowance; or

(o) a member of the same family as a person who is in receipt of income-related employment and support allowance.".

(4) In regulation 9(1) (claims for remission or payment) for "(h) or (i),", substitute "(h), (i) or (m),".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 ("the 2003 Regulations").

Regulation 2(2)(a) substitutes a new definition of "family" in the 2003 Regulations. In addition to drafting amendments, it inserts a new definition of family at paragraph (d) which relates to the amendment made by regulation 2(3).

Regulation 2(2)(b) inserts a definition of "income-related employment and support allowance" into the 2003 Regulations which relates to the amendment made by regulation 2(3).

Regulation 2(3) amends regulation 4 of the 2003 Regulations to provide that a person who is receiving income-related employment and support allowance (or a member of that person´s family) will be entitled to the full remission of NHS charges and the full payment of NHS travelling expenses without needing to make a claim for such remission or payment.

Regulation 2(4) amends regulation 9 of the 2003 Regulations to provide that a relevant child, defined as a person who is being supported by a local authority under section 29(1) of the Children (Scotland) Act 1995 (c. 36), must make a claim to Scottish Ministers for the full remission of NHS charges and the full payment of NHS travel expenses.