The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

Made: 4th March 2013

Laid before Parliament: 7th March 2013

Coming into force in accordance with regulation 1(2)

The Secretary of State for Health makes these Regulations in exercise of the powers conferred by sections 172, 176, 182, 183, 184, 188 and 272(7) and (8) of the National Health Service Act 2006[^f00001].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013.

• (2) These regulations come into force on 1st April 2013, except for—

• (a) in regulation 17, paragraphs (2) and (5), the definition of “qualifying young person” in paragraph (7), and paragraphs (8) and (9), and regulation 19(2), which come into force on 29th April 2013; and

• (b) regulation 24(2) which comes into force on 8th April 2013.

• (3) In these Regulations—

• “the Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000[^f00002];

• “the Dental Charges Regulations” means the National Health Service (Dental Charges) Regulations 2005[^f00003]; and

• “the Travel Expenses and Remission of Charges Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003[^f00004].

Amendment of the Charges Regulations to increase charges

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Transitional provision relating to the Charges Regulations

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Amendment of regulation 2 of the Charges Regulations

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Amendment of regulation 3 of the Charges Regulations

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Amendment of regulation 4 of the Charges Regulations

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Amendment of regulation 4A of the Charges Regulations

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Amendment of regulation 5 of the Charges Regulations

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Amendment of regulation 6 of the Charges Regulations

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Amendment of regulation 6A of the Charges Regulations

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Insertion of additional regulation into the Charges Regulations

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Amendment of regulation 7 of the Charges Regulations

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Amendment of regulation 7A of the Charges Regulations

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Amendment of regulation 10 of the Charges Regulations

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Amendment of regulation 11 of the Charges Regulations

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Amendment of the Dental Charges Regulations

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• (1) The Dental Charges Regulations are amended as follows.

• (2) In regulation 4 (calculation of charges)—

• (a) in paragraph (1), for “£17.50” substitute “£18.00”;

• (b) in paragraph (2), for “£48.00” substitute “£49.00”;

• (c) in paragraph (3), for “£209.00” substitute “£214.00”;

• (d) in paragraph (4), for “£209.00” substitute “£214.00”; and

• (e) in paragraph (5), for “£17.50” substitute “£18.00”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 2 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 2 of the Travel Expenses and Remission of Charges Regulations (interpretation) is amended as follows.

• (2) After the definition of “the 2006 Act”, insert the following definition—

• “the 2012 Act” means the Welfare Reform Act 2012[^f00023];

• (3) After the definition of “care home”, insert—

• “CCG” means a clinical commissioning group;

• (4) In the definition of “couple”, after “1992” insert “, except that in regulation 5(1)(f) it has the meaning given in section 39 of the 2012 Act (couples)”.

• (5) After the definition of “health care professional”, insert—

• “health service body” means an NHS trust, an NHS foundation trust, the Board or a CCG;

• (6) After the definition of “provider”, insert the following definitions—

• “the public health functions of the local authority” means the functions of a local authority under section 2B (functions of local authorities and Secretary of State as to improvement of public health) and 111 (dental public health) of, and paragraphs 1 to 7B of Schedule 1 (further provision about the Secretary of State and services under this Act) to, and pursuant to regulations made under section 6C (regulations as to the exercise by local authorities of certain public health functions) of, the 2006 Act;
• “qualifying young person” has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons);

• (7) In the definition of “single person”, after “young person” insert “except that in regulation 5(1)(f) it is to be construed in accordance with section 1(2)(a) of the 2012 Act (universal credit)”.

• (8) After the definition of “urgent course of treatment”, insert the following definition—

• “universal credit” means universal credit under Part 1 of the 2012 Act;

Amendment of regulation 3 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 3 of the Travel Expenses and Remission of Charges Regulations (NHS travel expenses) is amended as follows.

• (2) Omit sub-paragraph (ii) of paragraph (1)(a).

• (3) In sub-paragraph (b) of paragraph (1), for “under section 23” to the end of the sub-paragraph, substitute “under the 2006 Act by a health service body or a local authority.”.

• (4) In paragraph (2), for “under section 23” to the end of the paragraph substitute “under the 2006 Act by a health service body or a local authority.”.

• (5) In paragraph (6), after “health service body” insert “or local authority”.

Amendment of regulation 5 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 5 of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment) is amended as follows.

• (2) In paragraph (1)—

• (a) at the end of sub-paragraph (d), omit “or”;

• (b) in sub-paragraph (e), at the end of the sub-paragraph for “.” substitute “; or”; and

• (c) after sub-paragraph (e), insert the following sub-paragraph—

(f) during the period beginning on 29th April 2013 and ending on 31st October 2013— (i) he is the recipient of an award of universal credit either as a single person or as a member of a couple, (ii) he is a child or qualifying young person for whom a recipient referred to in paragraph (i) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder), or (iii) he is a member of a couple, the other member of which is the recipient of an award of universal credit as a single person.

Amendment of regulation 10 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 10 of the Travel Expenses and Remission of Charges Regulations (payment of NHS travel expenses) is amended as follows.

• (2) For paragraph (1), substitute—

(1) Subject to paragraphs (3) to (5), where a person is entitled in accordance with regulation 5 or 6 to a payment in respect of NHS travel expenses in relation to services which are provided by a provider pursuant to arrangements made under the 2006 Act with the provider by a health service body— (a) the person may make an application for payment to the provider or the health service body which made those arrangements; and (b) either the provider or that health service body may calculate the actual amount payable in accordance with these Regulations and make the payment.

• (3) For paragraph (2), substitute—

(2) Subject to paragraphs (3) to (5), where a person is entitled in accordance with regulation 5 or 6 to a payment in respect of NHS travel expenses in relation to services which are provided by a provider pursuant to arrangements made with the provider by a local authority in the exercise of the public health functions of the local authority under the 2006 Act— (a) if the provider is an NHS trust or NHS foundation trust, the person may make an application for payment to that NHS trust or NHS foundation trust and that NHS trust or NHS foundation trust must calculate the amount payable in accordance with these Regulations; or (b) if the provider is not an NHS trust or NHS foundation trust, the person may make an application for payment to the relevant CCG and the relevant CCG must calculate the amount payable in accordance with these Regulations and make the payment.

• (4) For paragraph (3), substitute—

(3) In a case falling within regulation 3(1)(b) (travel to a port), the application for payment may be made to, and the calculation and payment must be made by— (a) where the arrangements referred to in regulation 3(1)(b) were made by a health service body, the health service body which made those arrangements; or (b) where the arrangements referred to in regulation 3(1)(b) were made by a local authority, the relevant CCG.

• (5) After paragraph (5), insert—

(6) In this regulation, “relevant CCG” means the CCG in whose area the person making an application under this regulation was usually resident at the time the application was made.

Amendment of regulation 12 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 12 of the Travel Expenses and Remission of Charges (repayments) is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (a)(i)—

• (i) for “, an NHS foundation trust or a Primary Care Trust”, substitute “or an NHS foundation trust”, and

• (ii) for “, NHS foundation trust or the Primary Care Trust”, substitute “or the NHS foundation trust”;

• (b) after sub-paragraph (a)(i), insert—

(ia) in respect of a NHS charge made by a provider of NHS services under regulation 6B of the Charges Regulations (supply of drugs and appliances by other providers of NHS services) for an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs), calculate the amount payable and notify in writing the health service body which arranged with the provider for the provision of those services of the claimant’s entitlement and the amount to be paid,

• (c) for sub-paragraph (a)(ii), substitute—

(ii) in a case falling within regulation 3(1)(a) where the services are provided by a provider pursuant to arrangements made under the 2006 Act with the provider by a health service body, notify in writing the health service body which made those arrangements of the claimant’s entitlement,

; and

• (d) after sub-paragraph (a)(ii), insert—

(iii) in a case falling within regulation 3(1)(a) where the services are provided by a provider pursuant to arrangements made with the provider by a local authority in the exercise of the public health functions of the local authority under the 2006 Act— (aa) if the provider is an NHS trust or NHS foundation trust, notify in writing that NHS trust or NHS foundation trust, or (bb) if the provider is not an NHS trust or NHS foundation trust, notify in writing the relevant CCG of the claimant’s entitlement, or

; and

• (e) for sub-paragraph (b), substitute—

(b) in a case falling within regulation 3(1)(b) (travel to a port) notify in writing— (i) where the arrangements referred to in regulation 3(1)(b) were made by a health service body, the health service body which made those arrangements, or (ii) where the arrangements referred to in regulation 3(1)(b) were made by a local authority, the relevant CCG.

• (3) In paragraph (2), for “a Primary Care Trust” substitute “a relevant CCG”.

• (4) After paragraph (3), insert—

(4) In this regulation— - “provider of NHS services” has the same meaning as in regulation 2 of the Charges Regulations; and - “relevant CCG” means the CCG in whose area the claimant was usually resident at the time the claim was made.

Amendment of regulation 13 of the Travel Expenses and Remission of Charges Regulations

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In regulation 13 of the Travel Expenses and Remission of Charges Regulations (reimbursement of payments made in respect of NHS travel expenses) omit “or (2) or a repayment under regulation 12(a)”.

Amendment of regulation 14 of the Travel Expenses and Remission of Charges Regulations

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• (1) Regulation 14 of the Travel Expenses and Remission of Charges Regulations (payment and repayment of NHS foreign travel expenses) is amended as follows.

• (2) In paragraph (1), for “A” substitute “Subject to paragraph (1A), a”.

• (3) After paragraph (1), insert—

(1A) A person who wishes to claim entitlement to payment or repayment of NHS foreign travel expenses, where the services in question are provided pursuant to arrangements made under the 2006 Act by a local authority, must apply in writing to the relevant CCG within 3 months of the expenses having been incurred or such further period as the relevant CCG may for good cause allow.

• (4) For paragraph (2), substitute—

(2) Paragraphs (2) to (4) of regulation 7 apply to a claim (whether for payment or repayment) made under this regulation as if the references to the Secretary of State in those paragraphs were— (a) in the case of a claim made under paragraph (1), references to the health service body which arranged the services referred to in regulation 3(2); or (b) in the case of a claim made under paragraph (1A), references to the relevant CCG.

• (5) After paragraph (2), insert—

(3) In this regulation, “relevant CCG” means the CCG in whose area the claimant was usually resident at the time the claim was made.

Amendment of Schedule 1 to the Travel Expenses and Remission of Charges Regulations

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• (1) Schedule 1 to the Travel Expenses and Remission of Charges Regulations (modifications of the Income Support (General) Regulations 1987) is amended as follows.

• (2) In column 2 of Table B, in the modifications of Schedule 2 to the Income Support (General) Regulations 1987, in the substitute regulation 13A—

• (a) at the end of paragraph (1)(b)(i), omit the “or”;

• (b) at the end of paragraph (1)(b)(ii), for “.” substitute “;”; and

• (c) after paragraph (1)(b)(ii), insert—

(iii) in receipt of the enhanced rate of the daily living component of a personal independence payment prescribed in accordance with section 78(3)(b) of the Welfare Reform Act 2012; or (iv) in receipt of an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

Signed

Signed by authority of the Secretary of State for Health.

Earl Howe — Parliamentary Under-Secretary of State, — Department of Health — 4th March 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (“the Charges Regulations”), the National Health Service (Dental Charges) Regulations 2005 (“the Dental Charges Regulations”) and the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the Travel Expenses and Remission of Charges Regulations”).

Regulation 2 increases prescription and other charges payable under the Charges Regulations. Specifically, charges for the supply of drugs and appliances under the Charges Regulations are increased from £7.65 to £7.85; the charge for the supply of a pair of elastic hosiery under the Charges Regulations is increased from £15.30 to £15.70; and charges for fabric supports and wigs supplied under the Charges Regulations are increased from their previous levels.

Regulation 3 makes transitional provision in relation to charges for fabric supports and wigs supplied under the Charges Regulations.

Regulations 5 to 10, 14 and 15 make amendments to the Charges Regulations which are consequential on changes to the health service made by the Health and Social Care Act 2012, which include replacing references to Primary Care Trusts with references to the National Health Service Commissioning Board.

Regulation 11 inserts a new regulation 6B into the Charges Regulations to provide that persons or bodies who provide services under the 2006 Act pursuant to arrangements made with the NHS Commissioning Board, clinical commissioning groups, NHS trusts, NHS foundation trusts, local authorities or the Secretary of State in the exercise of their public health functions and who supply drugs or appliances to a patient for their treatment otherwise than under regulations 3 to 6A of the Charges Regulations, must make and recover prescription and other charges from the patient. There are a number of exceptions to the requirement to make and recover such charges specified in the new regulation 6B.