The Travelling Expenses and Remission of Charges (Amendment No. 2) Regulations (Northern Ireland) 2006

Made: 21st April 2006

Coming into operation: 1st May 2006

The Department of Health, Social Services and Public Safety[^f00001] makes the following Regulations in exercise of the powers conferred 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[^f00002] and with the approval of the Department of Finance and Personnel in so far as they relate to the remission of charges, and in conjunction with the Department of Finance and Personnel in so far as they relate to travelling expenses.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Travelling Expenses and Remission of Charges (Amendment No. 2) Regulations (Northern Ireland) 2006 and shall come into operation on 1st May 2006.

• (2) In these Regulations—

• “the principal Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[^f00003]; and

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00004].

Amendment of regulation 2 of the principal Regulations

2

In regulation 2 of the principal Regulations (Interpretation), for the definition of “residential care home” there is substituted—

• “residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[^f00005].

Amendment of Schedule 1 to the principal Regulations

3

• (1) Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations (Northern Ireland) 1987) is amended in accordance with paragraphs (2), (3) and (4).

• (2) In Table A, in the modifications of —

• (a) regulation 45 of the Income Support Regulations, for paragraphs (a) to (c), substitute—

(a) for a claimant permanently residing in accommodation as defined in Regulation 19A—£21,000; (b) in any other case—£16,000.

• (b) regulation 53 of the Income Support Regulations, for “£20,500” substitute “£21,000”;

• (c) regulation 53 of the Income Support Regulations, for “£12,500” substitute “£12,750”.

• (3) In Table B, in the modifications of —

• (a) regulation 18 of the Income Support Regulations, for the words ““regulations 19 and 21 (Special Cases)”“ substitute ““regulations 19A and 21 (Special Cases)”“;

• (b) regulation 18 of the Income Support Regulations, after “Omit paragraph (1)(cc) and (h).” there shall be inserted —

• After Regulation 18 insert the following Regulation — Residential Care Home 19A Where the claimant lives permanently in— a a residential care home within the meaning of Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; or b a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, 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 paragraph 1 of Schedule 4A. .

• (4) In Table B, the modification of regulation 19 of the Income Support Regulations shall be deleted.

Signed

Sealed with the Official Seal of the Health, Social Services and Public Safety on 21st April 2006.

Dr J.F. Livingstone — A senior officer of the — Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to Travelling Expenses on 21st April 2006.

Mary McIvor — A senior officer of the — Department of Finance and Personnel

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

Sealed with the Official Seal of the the Department of Finance and Personnel on 21st April 2006.

Mary McIvor — A senior officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (“the principal Regulations”), which provide for remission and payment 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 Health, Social Services and Public Safety of travelling expenses incurred in attending a hospital.

Regulation 2 amends regulation 2 of the principal Regulations to insert a new definition of “residential care home”.

Regulation 3 amends Schedule 1 of the principal Regulations to increase the amounts used as the basis for calculating entitlement to the payment of travel expenses and the remission of charges under those Regulations. It also makes some amendments to Schedule 1 to allow for new provisions for the purpose of calculating entitlement under the principal regulations for people living permanently in residential care homes or nursing homes.

Footnotes

[^f00001]: See S.I. 1999/283 (N.I. 1) Article 3(6)

[^f00002]: S.I. 1972/1265 (N.I. 14) as amended by Article 3(2) of, and paragraph 3 of Schedule 1 to, the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)); paragraphs 4 and 5 of Article 8 of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)); Article 34 of, and Part II of Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) there are other amendments which are not relevant

[^f00003]: S.R. 2004 No. 91; relevant amending Regulations are S.R. 2004 Nos. 156 and 162, S.R. 2005 Nos. 107 and 386

[^f00004]: S.R. 1987 No. 459

[^f00005]: S.I. 2003/431 (N.I. 9)