Statutory Instruments
2001 No. 742
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001
Made
15th March 2001
Laid before Parliament
16th March 2001
Coming into force
except for regulation 3
9th April 2001
regulation 3
10th April 2001
The Secretary of State for Health, in exercise of the powers conferred by sections 83A, 126(4) and 128(1) of the National Health Service Act 1977( 1 ), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, interpretation, and extent
1. —(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001.
(2) These Regulations shall come into force:
(a) except for regulation 3, on 9th April 2001; and
(b) regulation 3, on 10th April 2001.
(3) In these Regulations “the principal Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988( 2 ).
(4) These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2. In regulation 2(1) of the principal Regulations (interpretation) for the definition of “capital limit” substitute,
“ “capital limit”—
(a)in the case of a person who lives permanently in a nursing home or residential care home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 ( 3 ) has the meaning it bears in section 21(2B) of the National Assistance Act 1948, and
(b)in the case of any other person, means the amount prescribed for the purposes of section 134(1) of the Social Security Contribution and Benefits Act 1992 ( 4 ) . ”
Amendment of regulation 4 of the principal Regulations
3. In paragraphs (c) and (g) of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) for “£70” there shall be substituted “£71”.
Amendment of Schedule 1 to the principal Regulations
4. In Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987)( 5 ) at the end of the entry relating to “regulation 53” there shall be added the following paragraph “As if in paragraph (1A) for “£10,000” on each occasion it appears there were substituted “£11,500” and as if for “£16,000” there were substituted “£18,500””.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th March 2001
1977 c. 49 ; section 83A was inserted by section 14(1) of the Social Security Act 1988 (c. 7) and amended by paragraph 6 of Schedule 2 to the Health and Medicines Act 1988 (c. 49) , by paragraph 18(5) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and by paragraph 40 of Schedule 1 to the Health Authorities Act 1995 (c. 17) . Section 126(4) was amended by section 65(2) of the 1990 Act and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4 paragraph 37(6). Section 128(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribe” and “regulations”; section 128(1) was amended by section 26(2)(g) and (i) of the 1990 Act. The functions of the Secretary of State under the National Health Service Act 1977 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 as amended by section 66(5) of the 1999 Act; these Regulations, therefore, do not extend to Wales.
S.I. 1988/551 as amended by S.I. 1989/394 , 517 and 614 , 1990/548 , 918 and 1661 , 1991/557 , 1992/1104 , 1993/608 , 1995/642 and 2352 , 1996/410 , 1346 and 2362 , 1997/748 and 2393 , 1998/2417 , 1999/767 and 2507 and 2000/621 . Relevant amending instruments are S.I. 1990/1661 , 1993/608 , 1997/748 and 1997/2393 .
11 + 12 GEO 6 c. 2
S.I. 1987/1967 ; regulation 53 of S.I. 1987/1967 is applied with modifications to and by the principal Regulations ( S.I. 1988/551 ).