Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/425/made/data.htm?wrap=true
Published: 1996-09-12

Statutory Rules of Northern Ireland
1996 No. 425

HEALTH AND PERSONAL SOCIAL SERVICES
Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 1996

Made
12th September 1996

Coming into operation
7th October 1996

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 45, 98, 106 and 107(6) of, and paragraphs 1(b) and 1B of Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972(1) and with the approval of the Department of Finance and Personnel insofar as they relate to the remission of charges, and in conjunction with the Department of Finance and Personnel insofar as they relate to travelling expenses, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Travelling Expenses and Remission of Charges (Amendment No. 3) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996.

(2) In these Regulations “the principal Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989(2).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2(1) of the principal Regulations (interpretation)—

(a)in the definition of “family”—

(i)at the end of sub-paragraph (a) the word “and” shall be omitted;

(ii)after sub-paragraph (b) there shall be added the following sub-paragraph—

“(c)in regulation 4(1)(j) and (l) it has the meaning assigned to it by Article 2(2) of the Jobseekers (Northern Ireland) Order 1995(3);”;

(b)after the definition of “family credit” there shall be inserted the following definition—

““income-based jobseeker’s allowance” has the meaning assigned to it by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995;”.

Amendment of regulation 4 of the principal Regulations

3.  In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment)(4) in paragraph (1)—

(a)for sub-paragraph (g) there shall be substituted the following sub-paragraph—

“(g)a person who is in receipt of disability working allowance, or”;

(b)for sub-paragraphs (i) and (j) there shall be substituted the following sub-paragraphs—

“(i)a person who is in receipt of an income-based jobseeker’s allowance, or

(j)a member of the same family as a person who is in receipt of an income-based jobseeker’s allowance, or

(k)a person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence, or

(l)a member of the same family as a person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence.”.

Amendment of regulation 7 of the principal Regulations

4.  In regulation 7 of the principal Regulations (claims for remission or payment)—

(a)in paragraph (1), for the words “regulation 4(1)(e), (f), (i) or (j)” there shall be substituted the words “regulation 4(1)(e) or (f)”;

(b)in paragraph (3), there shall be omitted the words “or, in the case of a claim by a person who is within a description prescribed by regulation 4(1)(i) or (j), the capital resources”.

Amendment of Schedule 1A to the principal Regulations

5.  In Schedule 1A to the principal Regulations (periods of validity of notices of entitlement)(5)—

(a)paragraph 2 shall be omitted;

(b)after paragraph 7 there shall be added the following paragraph—

“8.  A person whose 6 months from the date on which an entitlement to an income-based income-based jobseeker’s jobseeker’s allowance is less allowance would have been payable than 10 pence. if it had been payable.”.

Sealed with the Official Seal of the Department of Health and Social Services on 12th September 1996.

L.S.
P. Conliffe
Assistant Secretary

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to travelling expenses on 12th September 1996.

L.S.
J. G. Sullivan
Assistant Secretary

The Department of Finance and Personnel hereby approves the foregoing Regulations insofar as they relate to the remission of charges.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th September 1996.

L.S.
J. G. Sullivan
Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)
These Regulations further amend the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989 (“the principal Regulations”), which provide for the remission and repayment of certain charges which would otherwise be payable under the Health and Personal Social Services (Northern Ireland) Order 1972 and for the payment by the Department of travelling expenses incurred in attending a hospital.
Regulation 2 amends the definition of “family” and adds a definition of “income-based jobseeker’s allowance”.
Regulation 3 amends regulation 4 of the principal Regulations, which contains a list of descriptions of persons entitled to full remission and payment, by removing the capital restriction which applied to persons in receipt of disability working allowance and certain members of their family. The list is also amended to include persons who are in receipt of an income-based jobseeker’s allowance, or who are entitled to an income-based jobseeker’s allowance of less than 10 pence (and therefore do not actually receive such an allowance), and certain members of their family.
Regulation 4 amends regulation 7 of the principal Regulations by removing the requirement for certain persons in receipt of disability working allowance to make a claim on a form provided for that purpose and for the Department to calculate the capital resources of such persons.
Regulation 5 amends Schedule 1A to the principal Regulations, so as to specify the period for which a notice of entitlement is effective for a person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence. The amendments also omit the period previously specified for persons in receipt of disability working allowance whose capital did not exceed £8,000.


(1)
S.I. 1972/1265 (N.I. 14); relevant amending Instruments are S.I. 1988/594 (N.I. 2) Article 14 and S.I. 1991/194 (N.I. 1) Article 34 and Part II of Schedule 5

(2)
S.R. 1989 No. 348; relevant amending Regulations are S.R. 1991 No. 224, S.R. 1993 No. 161, S.R. 1995 No. 138 and S.R. 1996 No. 107

(3)
S.I. 1995/2705 (N.I. 15)

(4)
Sub-paragraphs (g) to (j) were added to regulation 4(1) by S.R. 1995 No. 138

(5)
Schedule 1A was inserted by S.R. 1996 No. 107
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