Statutory Instrument 1990 No. 1665 (S.164)

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990

---

© Crown Copyright 1990

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990, ISBN 011004665X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1990 No. 1665 (S.164)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990

The Secretary of State, in exercise of the powers conferred on him by sections 75A, 105 and 108(1) of the National Health Service (Scotland) Act 1978(^[1]) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No.2) Regulations 1990 and shall come into force on 1st September 1990 immediately after the Income-Related Benefits Amendment Regulations 1990(^[2]).

Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988
    2.    —(1)The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(^[3]) shall be amended in accordance with the following provisions of this Regulation.

    (2)  In regulation 2(1) (interpretation)(^[4]), for the definition of "partner" there shall be substituted the following definition:—
""partner" means, where a claimant—
(a) is a member of a married or an unmarried couple, the other member of that couple;

(b) is married polygamously to two or more members of his household, any such member;" .



    (3)  In Table A in Part I of Schedule 1 (calculation of resources) after the entry "regulations 54 to 60" there shall be inserted the following:—

regulation 66A

As if in paragraph (2) for the words "and from the weekly amount" there were substituted the words "and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount"

As if after paragraph (2) there were inserted the following paragraphs:—
"  (2A)  This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2. (2B) This paragraph applies where the claimant is a student to whom paragraph 7B(1) of Schedule 1 to the Income Support (General) Regulations 1987(^[5]) applies. (2C) This paragraph applies where the student is a partner of a claimant and the claimant is not also a student."

As if in paragraph (3) for the reference "(1) and (2)" there were substituted the reference "(1) to (2C)".
 (3) In Table B in Part II of Schedule 1 (calculation of requirements), in the entry in column
 (2) corresponding to the entry "Schedule 2" the words "as if head (c) of sub-paragraphs (1) and (2) were omitted in columns (1) and (2) of that Table;" shall be omitted.

Sandison of Bowden

Minister of State, Scottish Office
St Andrew's House, Edinburgh

9th August 1990

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988. They modify the provisions of the Income Support (General) Regulations 1987 which have effect for the purposes of calculating a person's resources and requirements by confining the £10 disregard, in the calculation of income from student loans, to cases where—
(a) a student is eligible for a premium;

(b) in certain circumstances, a student suffers from deafness; or

(c) a claimant, who is not a student, has a partner who is a student.

They delete the modification which precludes 16 and 17 year olds in receipt of the disability premium from receiving the personal allowance applicable to 18 year olds.

[1] 1978 c. 29; section 75A was inserted by section 14(2) of the Social Security Act 1988 (c. 7); section 105, which was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the making of regulations; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] S.I. 1990/1657. back

[3] S.I. 1988/546, amended by S.I. 1989/393 and 616 and 1990/551. back

[4] See S.I. 1990/551. back

[5] S.I. 1987/1967; relevant amending instrument is S.I. 1990/1657. back