🔆 📖 👤

Statutory Instruments

2013 No. 1600

National Health Service, England

The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

Made

1st July 2013

Laid before Parliament

4th July 2013

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 182, 183, 184 and 272(7) and (8) of the National Health Service Act 2006( 1 ).

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013.

(2) This regulation and regulation 2 come into force on 1st August 2013.

(3)Regulation 3 comes into force on 1st September 2013.

(4)Regulation 4 comes into force on 1st November 2013.

(5) In these Regulations

the 1987 Regulations” means the Income Support (General) Regulations 1987( 2 ); and

the 2003 Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003( 3 ).

Amendments to Schedule 1 to the 2003 Regulations: students from Scotland

2. In column 2 of Table A in Schedule 1 to the 2003 Regulations( 4 ) (modifications of the Income Support (General) Regulations 1987), in the modification of—

(a) regulation 62 of the 1987 Regulations( 5 ) (calculation of grant income), in the inserted paragraph (2C), after sub-paragraph (a) insert—

(aa) a young students’ bursary or an independent students’ bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 2007 ( 6 ) ; ;

(b) regulation 66A of the 1987 Regulations( 7 ) (treatment of student loans), for the substituted paragraph (1) substitute—

(1) A student loan (including any notional amount treated as part of the loan in accordance with paragraph (1A)) is to be treated as income, unless it is a hardship loan.

(1A) In the case of a student (S) who is paid a loan under the Education (Student Loans) (Scotland) Regulations 2007 ( 8 ) , that loan is to be treated as including a notional amount that is the difference (if there is one) between—

(a) the maximum amount that would potentially be payable under the Education (Student Loans) (Scotland) Regulations 2007 to an eligible student in the same academic year and studying on the same course as S; and

(b) the amount that is paid to S under the Education (Student Loans) (Scotland) Regulations 2007. .

Amendments to the 2003 Regulations: students from Wales

3. —(1) After regulation 18 of the 2003 Regulations (transitional provisions) insert the following regulation

Transitional provision: amendments made by regulation 3(2) of the National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

18A. —(1) Paragraph (2) applies in the case of a student who, in respect of attendance on a course for a period (“the relevant period”) which ends on or after 1st September 2013, continues after this regulation comes into force to be in receipt of a maintenance grant under regulations 38 to 41 of the Assembly Learning Grants and Loans (Higher Education) (Wales) ( No. 2) Regulations 2011 ( 9 ) (which relate to payment of maintenance grants) by virtue of regulation 3(11) of the Education (Student Support) (Wales) Regulations 2012 ( 10 ) (revocation, savings and transitional provisions).

(2) As regards that student—

(a) the amendments made by regulation 3(2) of the National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013(amendments to the 2003 Regulations: students from Wales) only apply with effect from the day after the end of the relevant period; and

(b) until the end of the relevant period, the modification in column 2 of Table A in Schedule 1 of regulation 62 of the Income Support Regulations applies as it had effect immediately before this regulation came into force. .

(2) In column 2 of Table A in Schedule 1 to the 2003 Regulations (modifications of the Income Support (General) Regulations 1987), in the modification of regulation 62 of the 1987 Regulations (calculation of grant income)—

(a) for “regulations 38 to 41 of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2011” substitute “regulations 41 to 44 of the Education (Student Support) (Wales) Regulations 2012”; and

(b) for “regulations 48 to 52” substitute “regulations 51 to 55”.

Amendment of regulation 5 of the 2003 Regulations: Universal Credit

4. In regulation 5 of the 2003 Regulations( 11 ) (entitlement to full remission and payment), in paragraph (1)(f), for “31st October 2013” substitute “5th April 2014”.

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

1st July 2013

( 1 )

2006 c. 41 . Section 183 has been amended by S.I. 2010/915 and by the Health and Social Care Act 2012 (c. 7) , Schedule 4, paragraph 98. By virtue of section 271(1) of the 2006 Act, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England. See also s ection 275(1) of the 2006 Act, which contains definitions of “prescribed” and “regulations” that are relevant to the powers being exercised.

( 6 )

S.S.I. 2007/153 ; regulation 4 has been amended by S.S.I. 2007/503 , 2008/206 and 2012/72 .

( 7 )

Regulation 66A was inserted by S.I. 1990/1549 and has been amended by: S.I. 1999/1935 , 2000/1922 , 2001/2319 , 2002/1589 , 2007/1632 , 2008/2767 and 2009/583 , 1575 and 3152 .

( 9 )

S.I. 2011/886 (W. 130) . Subject to transitional and saving provisions, these Regulations are revoked with effect from 1st September 2013 by S.I. 2012/3097 (W. 313) .

( 11 )

Amendments have been made to regulation 5 by S.I. 2004/ 663 and 936 , 2006/562 , 2008/1697 , 2009/411 and 2013/475 .

( 12 )

The Student Awards Agency for Scotland is at Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH. Its “Funding Guide 2013-214” is available on its website, www.saas.gov.uk .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (2013/1600)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the 1987 Regulationsreg. 1.the_1987_R_rtWixVd
the 2003 Regulationsreg. 1.the_2003_R_rtmb5WS

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.