text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Boarding-out of Children (Foster Placement) Regulations 1988 and shall come into force on 1st June 1989.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Care Act 1980;
“the 1969 Act ” means the Children and Young Persons Act 1969 ;
“area authority” in relation to a child means the local authority for the area in which the household in which the child is placed is situated where the child is not in the care of that authority;
“approved household” means a household approved under regulation 3 of these Regulations;
“care authority” in relation to a child means the local authority in whose care the child is under section 2 of the Act (duty of local authority to provide for orphans, deserted children etc ), by virtue of a care order or a warrant under section 23(1) of the 1969 Act (which relates to remands to the care of local authorities) or under any other enactment by virtue of which Part III of the Act (which relates to children in the care of a local authority) applies to the child ;
“custodian” in relation to a child means the person in whom legal custody of the child is vested under a custodianship order under section 33(1) of the Children Act 1975 ;
“foster home” means the household in which a child is placed;
“foster parent” means the person with whom a child is for the time being placed or may be placed;
“guardian ad litem” means a guardian ad litem appointed in pursuance of section 32B of the 1969 Act under rules made under section 65 of the Adoption Act 1976 or in pursuance of section 7 or section 12F of the Act ;
“placement” in relation to a child means a boarding out to which these Regulations apply and “placement” and “placed” shall be construed accordingly;
“supervisory duties” means the duties imposed by regulation 8 (supervisory duties in respect of placements).
3
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
b
any reference to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Scope of the Regulations
2
1
Subject to the provisions of paragraphs (2), (3) and (4), these Regulations shall apply to the placement of a child with a foster parent to live in his household where the placement is made by a care authority under section 21 of the Act or a voluntary organisation under section 61 of the Act.
2
These Regulations shall not apply to the placement of a child for adoption pursuant to the Adoption Act 1976 with a person who proposes to adopt him.
3
Where a child is committed by a court to the care of a local authority by an order under section 7(2) of the Family Law Reform Act 1969, section 43 of the Matrimonial Causes Act 1973, section 2(2)(b) of the Guardianship Act 1973, section 34(5), 36(2) and (3)(a) of the Children Act 1975 or section 26(1)(b) of the Adoption Act 1976, the application of these Regulations is subject to any directions given by the court, whether any such direction is given before or after the coming into force of these Regulations.
4
Nothing in these Regulations shall require the temporary removal of a child from the household in which he is to be placed and in which he is already living before he is placed.
Approval of households
3
1
Except as provided in regulation 9 (emergency placements), a child may not be placed with a foster parent unless the household in which the child is to be placed is approved under this regulation by the care authority or the voluntary organisation which place the child.
2
A local authority or voluntary organisation shall not approve a household under this regulation unless satisfied that a person in the household is suitable to act as a foster parent and shall, as far as practicable, obtain the particulars specified in Part I of Schedule 1 relating to that person and other persons in the household and shall have regard to such matters, and the references required by paragraph (3), in reaching a decision as to the approval of that household.
3
A local authority or voluntary organisation shall require the person in the household which the authority or organisation propose to approve who is to act as a foster parent to supply the names and addresses of two persons who can provide personal references for him and shall arrange for those persons to be interviewed.
4
A local authority or voluntary organisation shall give notice in writing to a prospective foster parent as to whether or not the household in which he is living has been approved under this regulation and whether approval is in respect of a particular child or class of children or in respect of any particular kind of placement in such circumstances as may be specified by the authority or organisation.
5
Where a household is approved under this regulation the notice referred to in paragraph (4) shall include the particulars specified in Part II of Schedule 1 or be accompanied by a document which includes those particulars.
6
Where a household is approved under this regulation the local authority or voluntary organisation shall from time to time review whether that household continues to be suitable to be approved under this regulation and whether the foster parent in the household continues to be suitable to act as a foster parent and at the conclusion of the review the authority or organisation shall prepare a report and give notice in writing of their decision to the foster parent.
7
In reviewing their approval in accordance with paragraph (6) a local authority or voluntary organisation shall seek the views of the foster parent in question and take his views into account in reaching their decision.
8
A local authority or voluntary organisation may by notice in writing given to the foster parent in the household terminate the approval of the household under this regulation from such date as is specified in the notice.
Medical examinations and care of children’s health
4
1
A local authority or voluntary organisation shall ensure that arrangements are made for a child placed by them with a foster parent to be provided with health care, including medical and dental attention, and ensure that the name of the child is included on the list of a general medical practitioner who provides general medical services under Part II of the National Health Service Act 1977 .
2
Except in the case of a placement to which paragraph (3) applies, a local authority or voluntary organisation shall, before they place a child, make arrangements for —
a
the child to be examined by a registered medical practitioner, and
b
the practitioner who has carried out the medical examination to make a written assessment of the state of health of the child and his need for health care,
unless the child has been so examined and such assessment has been made within the period of 3 months immediately preceding the placement.
3
Where —
a
in the opinion of a local authority or voluntary organisation it is necessary to place a child in an approved household in an emergency; or
b
a child is placed as provided in regulation 9 (emergency placements),
and it is not practicable to comply with the requirements of paragraph (2), the local authority or voluntary organisation shall, as soon as practicable, and in any case not more than 14 days after the child has been placed by them, arrange for the child to be examined by a registered medical practitioner and for such a written assessment as is described in paragraph (2)(b) to be obtained unless the child has been so examined and such assessment has been made within the period of 3 months immediately preceding the placement.
4
A local authority or voluntary organisation shall make arrangements for a child who has been placed by them to be examined by a registered medical practitioner and for such a written assessment as is described in paragraph (2)(b) to be obtained —
a
at least once in every period of 6 months before the child’s second birthday; and
b
at least once in every period of 12 months after the child’s second birthday.
Duties of local authorities and voluntary organisations in relation to placements
5
1
A local authority shall satisfy themselves that placement of a child with a foster parent is the most suitable way of performing their general duty under section 18 of the Act (general duty of local authority in relation to children in their care) and that the placement of a child with a particular foster parent is the most suitable having regard to all the circumstances.
2
A voluntary organisation shall satisfy themselves that the placement of a child with a foster parent is the most suitable way of performing their general duty under section 64A of the Act (general duty of voluntary organisation in relation to children in their care) and that the placement of a child with a particular foster parent is the most suitable placement having regard to all the circumstances.
3
In making arrangements for a placement a local authority or voluntary organisation shall satisfy themselves that the child’s needs arising from his cultural background and racial origin will be met, so far as practicable.
4
A local authority or organisation shall ensure that a child is placed with a foster parent who is of the same religious persuasion as the child or, if that is not practicable, that the foster parent has given an undertaking to the authority or the organisation that the child will be brought up in that religious persuasion.
5
Except as provided in regulation 9 (emergency placements) a local authority or voluntary organisation shall before a child is placed with a foster parent, if practicable, and in any case not more than 14 days after the child has been placed with the foster parent, provide the foster parent with such information in writing as the authority or organisation consider necessary to enable the foster parent to care for the child, being information which relates to —
a
the state of health of the child, and his need for health care and surveillance;
b
the personal history, religious persuasion and cultural background and racial origin of the child;
c
the plans of the authority or organisation for the child; and
d
any other relevant matters.
Agreements with foster parents
6
Except as provided in regulation 9 (emergency placements), a local authority or voluntary organisation shall not place a child with a foster parent unless the foster parent has before or at the time of the placement signed an undertaking as to the matters set out in Part I of Schedule 2 and entered into an agreement in writing with the authority or organisation which shall include the provisions set out in Part II of that Schedule.
Notices relating to placements
7
1
Except in the circumstances mentioned in paragraph (3), where a local authority or voluntary organisation have placed a child they shall give notice in writing of the placement to the child’s parent or guardian or custodian (as the case may be) which shall contain the particulars specified in paragraph (2).
2
The particulars to be contained in a notice under paragraph (1) are as follows: —
a
that the child has been placed with a foster parent;
b
the name and address of the foster parent;
c
arrangements for access to the child having regard to the Code of Practice made under section 12G of the Act;
d
any other particulars relating to the care and welfare of the child which it appears to the local authority or voluntary organisation ought to be supplied,
except that the authority or organisation may omit the particulars specified in sub-paragraph (b) above if they determine that including those particulars in the notice would not be in accordance with their general duty in respect of the child under section 18 or section 64A of the Act, as the case may be.
3
A local authority or voluntary organisation shall not be under a duty to give notice under paragraph (1) to any person whose whereabouts are unknown to the authority or organisation or cannot readily be obtained.
4
Where a child is placed by a local authority or voluntary organisation, the authority or organisation shall give to the District Health Authority for the district in which the child has been placed and to the appropriate officer notice in writing of the placement and the name and address of the foster parent.
5
In paragraph (4) “appropriate officer” means such officer as may be appointed for the purposes of that paragraph by the local education authority for the area in which the child has been placed.
6
Where a placement has been terminated by a local authority or voluntary organisation or has ended for any other reason, the authority or organisation shall give notice of the termination to the persons and authorities to whom notices of the placement were given in accordance with paragraphs (1) and (4).
Supervisory duties in respect of placements
8
1
A local authority or voluntary organisation shall satisfy themselves that the welfare of each child who has been placed by them continues to be appropriately provided for by his placement with a particular foster parent and for that purpose the authority or organisation shall —
a
make arrangements for the child to be visited and seen in the foster home in which he is placed by a person authorised by the authority or organisation from time to time and when reasonably requested by the child or the foster parent and as circumstances may require, and
i
in any case within one week from the beginning of the placement,
ii
except in relation to placements to which paragraph (4) applies, at intervals of not more than 6 weeks during the first year of the placement, and
iii
in the second and succeeding years, at intervals of not more than 3 months;
b
review the child’s welfare and progress, including his health, and his physical, emotional, educational and social development, within the period of 3 months from the beginning of the placement and thereafter at intervals of not more than 6 months;
c
give such advice and assistance to the foster parent with whom the child is placed as appears to the local authority or organisation to be necessary.
2
In carrying out a review in accordance with paragraph (1)(b) a local authority or voluntary organisation shall, so far as practicable, ascertain and give due consideration to the child’s wishes and feelings, having regard to his age and understanding, and seek and take into account the views of —
a
the child’s parent or guardian, or
b
where a custodianship order relating to the child is in force, the custodian and, where the custodian and a parent of the child have legal custody jointly, that parent, and
c
the foster parent with whom the child is placed.
3
In carrying out a review in accordance with paragraph (1)(b) a local authority or voluntary organisation shall reconsider whether —
a
there is a continuing need for the child to be in the care of the local authority or voluntary organisation, as the case may be, and if so whether the placement of the child with a foster parent is the most suitable way of performing their general duty under section 18 or section 64A of the Act;
b
the placement with the foster parent continues to be the most suitable placement having regard to all the circumstances;
c
the child’s needs arising from his cultural background, racial origin and religious persuasion are being met.
4
In the case of a placement under regulation 9 (emergency placements) the local authority shall make arrangements for the child to be visited not less than once each week during the placement.
5
For the purposes of carrying out visits in accordance with paragraph (1)(a) or (4) the person authorised to visit and see the child in the foster home shall, if he considers it appropriate, make arrangements to see the child alone.
6
On each occasion on which a child is visited and seen in pursuance of a provision of these Regulations by any person authorised by the care authority, the voluntary organisation in whose care the child is or the area authority who are performing duties under this regulation in respect of the child, the authority or organisation, as the case may be, shall cause a written report to be prepared by that person.
7
On each occasion on which a review of the case of a child is carried out pursuant to paragraph (1)(b) the authority or organisation shall make a written report thereon.
Emergency placements
9
1
Where it is necessary to make arrangements for the placement of a child in an emergency, a local authority may make arrangements for the placement of a child with a person in a household which has not been approved under regulation 3 for a period not exceeding 6 weeks if, after interviewing that person, inspecting the accommodation and obtaining information about other persons living in his household, the authority are satisfied that —
a
the person with whom the child is placed is a relative or friend of the child;
b
he has signed an undertaking to carry out the duties specified in paragraph (2); and
c
it is necessary for the child’s welfare that the arrangements should be made.
2
The duties referred to in paragraph (1)(b) are —
a
to care for the child as if he were a member of that person’s family, and to promote his welfare, having regard to any particular arrangements agreed with the local authority;
b
to permit any person authorised by the Secretary of State, the local authority by whom the child was placed or, where appropriate, the area authority, to visit the child in the foster home;
c
to allow the child to be removed from the foster home by the local authority by whom the child was placed or, where appropriate, the area authority;
d
to ensure that any information which he may acquire relating to the child or his family or any other person given to him in confidence in connection with the placement is kept confidential and not to disclose such information to any person other than the local authority;
e
to allow access to the child in accordance with arrangements made by the local authority.
Restriction on placements outside England and Wales
10
1
A care authority shall not place a child outside the British Islands unless the authority are satisfied that the exceptional circumstances of his case make such placement desirable.
2
A voluntary organisation shall not place a child outside the British Islands.
3
If a care authority or a voluntary organisation make arrangements to place a child outside England and Wales the authority or organisation shall take steps to ensure that, so far as practicable, requirements corresponding with the requirements of these Regulations are complied with in relation to that child as would be required to be complied with under these Regulations if the child were placed in England or Wales.
Termination of placements
11
1
A care authority or voluntary organisation shall not allow a child placed by them to remain placed with a particular foster parent if it appears that the placement is no longer in accordance with the general duty of the authority in respect of the child under section 18 of the Act or that of the organisation under section 64A of the Act.
2
Where in the case of a child who has been placed in the area of an area authority by a care authority or a voluntary organisation it appears to the area authority that it would be detrimental to the welfare of the child if he continued to be so placed the area authority may remove the child forthwith.
3
Where a child placed by a care authority is removed by the area authority under paragraph (2) the area authority shall forthwith notify the care authority of the removal.
4
Where a child placed by a voluntary organisation is removed by the area authority under paragraph (2) the authority shall forthwith notify the organisation of the removal.
Registers to be kept by local authorities
12
1
A local authority shall, in respect of every child placed in their area, whether by them or by another local authority or by a voluntary organisation, enter into a register to be kept for the purpose, the particulars specified in paragraph (2) and such of the particulars specified in paragraph (3) as may be appropriate.
2
The particulars to be entered in the register in accordance with paragraph (1) are —
a
the name, sex, and date of birth of the child;
b
the name and address of the child’s parent or guardian and custodian;
c
the name and address of the foster parent;
d
the name of the local authority or voluntary organisation in whose care the child is;
e
the name of the local authority or voluntary organisation by whom the child is placed;
f
the statutory provision by virtue of which the child is in the care of a local authority;
g
the date on which each placement of the child began and terminated and the reason for each termination.
3
The additional particulars to be entered in the register, where appropriate, in accordance with paragraph (1) are in the case of a child in respect of whom arrangements have been made under regulation 17 (arrangements for supervisory duties to be carried out by area authorities) a note of that fact and the name of the local authority with whom the arrangements were made.
4
Entries in registers kept in accordance with this regulation shall be retained for at least 5 years beginning with the date on which the child to which the entry relates attains the age of 18 years or, if the child has died before attaining that age, the period of 5 years beginning with the date of his death.
5
Any register kept in accordance with this regulation shall be open to inspection at all reasonable times by any person duly authorised in that behalf by the Secretary of State.
6
A local authority shall provide such access to entries in the register relating to a particular child and disclose such information about him in their possession as may be required —
a
by the child’s guardian ad litem, and
b
subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), by a Local Commissioner appointed under section 23 of that Act (Commissioners for Local Administration) for the purposes of any investigation conducted in accordance with Part III of that Act.
7
A local authority shall secure the safe keeping of registers kept in accordance with this regulation and shall take all necessary steps to ensure that information contained therein is treated as confidential.
Case records relating to placements
13
1
A local authority shall compile and keep up to date a case record in respect of —
a
every child placed by them; and
b
every child placed by another authority in their area in respect of whom they perform supervisory duties.
2
A voluntary organisation shall compile and keep up to date a case record in respect of every child placed by them.
3
Every case record compiled in accordance with paragraph (1) or (2) shall include the documents specified in paragraph (4) and the information specified in paragraph (5).
4
The documents referred to in paragraph (3) are as follows: —
a
copies of reports made in pursuance of regulation 8(6) and (7);
b
copies of reports of each review carried out in respect of the child under section 27(4) of the Children and Young Persons Act 1969 ;
c
copies of undertakings given by and agreements made with every foster parent with whom the child is placed in pursuance of regulation 6;
d
copies of any undertakings in respect of the duties specified in regulation 9(2);
e
copies of the written information in respect of the child provided to foster parents in pursuance of regulation 5(5) and notices in respect of the child given in pursuance of regulation 7;
f
copies of any notice given under section 12B of the Act (termination of access) and any access order made by a court under section 12C of the Act (access orders) ;
g
copies of any agreements setting out the terms of arrangements made by the care authority for the performance of supervisory duties in respect of the child by an area authority.
5
The information to be included in case records is all the information relating to the child’s history and background and the child’s health, and his physical, emotional, educational and social development which in the opinion of the local authority or voluntary organisation, as the case may be, is relevant to the child’s welfare during periods in which the child is placed with a foster parent.
Records relating to foster homes
14
1
A local authority and a voluntary organisation shall compile and keep up to date a record in respect of every foster parent in a household approved by them under regulation 3 which shall include the documents specified in paragraph (2) and the information specified in paragraph (3).
2
The documents referred to in paragraph (1) are —
a
copies of notices given by the local authority or voluntary organisation in pursuance of regulation 3(4);
b
copies of reports of each review of the approval of the household of the foster parent carried out in pursuance of regulation 3(6); and
c
copies of notices given in pursuance of paragraph (6) or (8) of requisition 3.
3
The information referred to in paragraph (1) is as follows:–:
a
a record of each placement with the foster parent including the name, age and sex of each child placed with the foster parent, the dates on which each placement commenced and terminated and the circumstances in which the placement terminated;
b
information obtained by the authority or voluntary organisation, as the case may be, in relation to the approval of the household of the foster parent and the review or termination of such approval.
4
A local authority and a voluntary organisation shall compile a record in respect of each proposed foster parent to whom notice was given under regulation 3(4) that the household of the proposed foster parent had not been approved under regulation 3 which record shall include a copy of that notice and information obtained by the authority or organisation in relation to the household prior to the giving of that notice.
Retention of and access to records
15
1
Any case record compiled in accordance with regulation 13 or a complete recording thereof, shall be retained for 75 years beginning with the date of birth of the child to whom it relates or, if the child has died before attaining the age of 18, the period of 15 years beginning with the date of his death.
2
Any record compiled in accordance with regulation 14 or a complete recording thereof shall be retained for at least 10 years from the date on which approval of the household of the person to whom the record relates was terminated.
3
A local authority or voluntary organisation shall secure the safe keeping of records compiled in accordance with regulation 13 or 14 and shall take all necessary steps to ensure that information contained therein is treated as confidential.
4
Records compiled in accordance with regulation 13 or 14 or, as the case may be, complete recordings thereof, shall be open to inspection at all reasonable times by any person duly authorised in that behalf by the Secretary of State.
5
A local authority or voluntary organisation shall provide such access to records compiled in accordance with regulation 13 or 14 or, as the case may be, complete recordings thereof, and disclose such information about a particular child or foster parent as may be required —
a
by the child’s guardian ad litem, and
b
subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), by a Local Commissioner appointed under section 23 of that Act, for the purposes of any investigation conducted in accordance with Part III of that Act.
6
A local authority or voluntary organisation may make and preserve a complete recording of any record compiled in accordance with regulation 13 or 14 and may destroy any record of which they have made a recording which reproduces the total contents of such record.
Information to be given by local authorities and voluntary organisations
16
1
Where —
a
a local authority propose to approve a household under regulation 3 in the area of another local authority or, except in the case of an emergency placement in an approved household or as provided in regulation 9 (emergency placements), propose to place a child with a foster parent in the area of another local authority; or
b
a voluntary organisation propose to approve a household under regulation 3 or, except in the case of an emergency placement in an approved household, propose to place a child with a foster parent in the area of a local authority,the local authority or voluntary organisation, as the case may be, shall give notice in writing to the local authority for that area of their proposal and seek their views.
2
Where —
a
a local authority have approved a household in the area of another local authority under section 3 or have placed a child in the area of another local authority;
b
a voluntary organisation have approved a household in the area of a local authority under section 3 or have placed a child in the area of an authority;
the authority or organisation shall —
i
give notice in writing to the authority for that area of the approval of the household or the placement of the child, as the case may be, and supply such information as that authority may require in order to enter particulars thereof in the register kept by that authority as area authority in accordance with regulation 12,
ii
if such a placement is terminated, give notice in writing to the authority for that area of that fact and the reasons for termination of the placement,
iii
if they terminate their approval of a household approved under regulation 3, give notice in writing to the authority for that area of the date on which approval was terminated and the reasons for the termination.
3
Where a local authority (in this paragraph referred to as “the notified authority”) have received notice from another local authority or a voluntary organisation of any of the matters referred to in paragraph (1) or (2), except a notice given under paragraph (2)(iii), the notified authority shall give notice in writing to the authority or organisation by whom they were notified of any of the following matters —
a
a proposal by the notified authority to approve the same household under regulation 3 or the placement of, or a proposal to place, a child with the same foster parent;
b
that the notified authority had already approved the same household under regulation 3 at the time the authority received such notice or had already placed a child with the foster parent in that household at that time;
c
the termination by the notified authority of a placement of a child with the same foster parent, giving the reasons for that termination;
d
the termination by the notified authority of their approval of the same household under regulation 3 giving the date of the termination and the reasons for the termination.
4
Where a local authority have given notice in accordance with paragraph (1)(a) of a proposal to approve a household under regulation 3 or a voluntary organisation have given notice in accordance with paragraph (1)(b) of such a proposal and subsequently the authority or organisation do not approve that household, they shall give notice in writing thereof to the local authority to whom notice was given under paragraph (1)(a) or (b).
Arrangements between care authorities and area authorities
17
Where arrangements are made by a care authority in respect of a child placed by the care authority in the area of another authority for the area authority to carry out supervisory duties on behalf of the care authority —
a
the care authority shall supply the area authority with all such information as is necessary to enable the area authority to carry out supervisory duties on behalf of the care authority;
b
the area authority shall keep the care authority informed of the progress of the child and, in particular, shall furnish reports to the care authority following each visit to the household in which the child is placed and following each review of the case of the child carried out by the area authority in accordance with regulation 8(1)(b) or under section 27(4) of the Children and Young Persons Act 1969 ;
c
the care authority and the area authority shall consult with each other from time to time as necessary and as soon as practicable after each such review of the case of the child with regard to what action is required in relation to the child.
Duties of local authorities in regard to children placed by voluntary organisations
18
Except where a local authority are satisfied that a voluntary organisation have made suitable arrangements for the performance of their duties under these Regulations in respect of a child placed by the organisation in the area of the authority they shall make arrangements to visit the child in the home in which he is placed and if in the opinion of the authority the welfare of the child so requires the authority shall carry out supervisory duties in respect of the child or exercise their power under regulation 11(2) to remove the child from the home.
Transitional provisions
19
1
Where any child is boarded out with a foster parent in accordance with the Boarding-out of Children Regulations 1955 (in this regulation referred to as “the 1955 Regulations”) on 31st May 1989 or at any time during the period of one month ending with that date —
a
the household in which the foster parent with whom the child is boarded out is living shall be deemed to be approved under regulation 3 by the local authority or voluntary organisation by whom the child was boarded out until the date of the notice given to the foster parent under regulation 3(6) following the review referred to in paragraph (1)(b) below and the authority or organisation shall be deemed to have complied with paragraphs (1) to (5) of regulation 3;
b
the authority or organisation shall review their approval of that household in accordance with regulation 3(6) within one year from the coming into force of these Regulations and if they decide that that household continues to be suitable to be approved under regulation 3, they shall include in the notice given under regulation 3(6) following that review the particulars specified in Part II of Schedule 1;
c
regulation 14 (records relating to foster parents) shall not apply in relation to a foster parent in a household which is deemed to be approved under regulation 3 until the date of the notice given to the foster parent under regulation 3(6) following the review referred to in subparagraph (1)(b) above.
2
Where a child is boarded out with a foster parent in accordance with the 1955 Regulations immediately before these Regulations come into force these Regulations shall apply to the placement with that foster parent as if he had been placed under these Regulations subject to the following modifications: —
a
the duty of a local authority or voluntary organisation to provide the foster parent with the information specified in regulation 5(5) and to give notice in accordance with paragraphs (1) and (4) of regulation 7 to the persons specified therein shall be deemed to have been complied with if such information is provided and notice is given within one year from the coming into force of these Regulations;
b
if the placement is terminated by the authority or organisation before notice has been given under regulation 7(1), notice under regulation 7(6) shall be given to the persons to whom notice would have required to have been given under paragraph (1) and (4) of regulation 7 if the placement had been made on or after the coming into force of these Regulations;
c
a case record compiled in respect of a child under regulation 10 of the 1955 Regulations shall be deemed to be a case record kept under regulation 13(5) and regulation 13 shall apply to such case record except that any particulars required to be entered in accordance with regulation 13 which were not required to be entered in a case record compiled under the 1955 Regulations may be entered at any time within one year from the coming into force of these Regulations;
d
any notice required to be given in accordance with regulation 16 in respect of a child boarded out with a foster parent under the 1955 Regulations immediately before the coming into force of these Regulations may be given within one year from the coming into force of these Regulations;
e
the duty of a local authority or voluntary organisation under regulation 6 (agreement with foster parents) shall be deemed to have been complied with in the case of a placement with a foster parent with whom a child is boarded out under the 1955 Regulations immediately before the coming into force of these Regulations if an agreement and an undertaking are entered into by the foster parent in accordance with regulation 6(1) within one year from the coming into force of these Regulations;
f
an undertaking given by a foster parent in accordance with regulation 20 of the 1955 Regulations in respect of a child who was boarded out immediately before the coming into force of these Regulations shall continue to have effect as if the undertaking had been given under regulation 6(1) of these Regulations until the date on which such an agreement and undertaking made in accordance with regulation 6 referred to in paragraph (2)(e) have effect.
3
A register kept by a local authority under the 1955 Regulations shall be deemed to be a register kept under regulation 12 and these Regulations shall apply to such a register except that any particulars specified in paragraph (2) and (3) of regulation 12 relating to a child who is boarded out immediately before the coming into force of these Regulations which were not required to be entered in the register kept under the 1955 Regulations may be entered within one year from the coming into force of these Regulations.
4
Where a child is boarded out by a local authority in the area of another local authority under the 1955 Regulations immediately before the coming into force of these Regulations and there are in force immediately before that date arrangements between those authorities made under regulation 13 of the 1955 Regulations in respect of that child, those arrangements shall, so far as they are consistent with these Regulations, continue in force and have effect as if they were arrangements made under regulation 17 of these Regulations.
5
Where before the coming into force of these Regulations any thing has been done under the 1955 Regulations it shall be deemed to have been done, so far as it could have been done, under the corresponding provisions of these Regulations.
Revocation
20
The Boarding-out of Children Regulations 1955 and the Boarding-out of Children (Amendment) Regulations 1982 are hereby revoked.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State
Department of Health
12th December 1988


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Redundant Mineworkers and Concessionary Coal (Payments Schemes) (Amendment) Order 1988.
Commencement
2
All the Articles of this Order shall come into force on the twelfth day after the day on which it is made except that Article 5(b)(i) and (c) shall come into force on 2nd October 1988.
Amendments of 1978 Order
3
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978 shall be further varied in the Schedule as follows —
a
in Article 1, after the definition of “injury benefit” shall be inserted the following definition:
““invalid care allowance” means invalid care allowance under section 37 of the Social Security Act 1975 ;”
b
in Article 6, paragraph (2), after the words “excluding an earnings related supplement thereof” in the second place in which they occur shall be inserted the words “and less the weekly rate of any invalid care allowance to which he is entitled”;
c
in Article 8, paragraph (2), for the words “The weekly sum payable under paragraph (1)” shall be substituted the words “A weekly sum payable under paragraph (1) which has not been reduced by virtue of section 5(1) of the Social Security ( No. 2) Act 1980 and which is payable”.
Amendments of 1983 and 1984 Orders
4
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1983 and the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1984 shall be further varied in their Schedules as follows —
a
in Article 1, after the definition of “industrial disease” shall be inserted the following definition:
““invalid care allowance” means invalid care allowance under section 37 of the Social Security Act 1975;”
b
in Article 9 —
i
at the end of paragraph (1) shall be inserted the words “less the weekly rate of any invalid care allowance to which he is entitled”;
ii
in paragraph (2) for the words “The weekly sum payable under paragraph (1)” shall be substituted the words “A weekly sum payable under paragraph (1) which has not been reduced by virtue of section 5(1) of the Social Security (No. 2) Act 1980 and which is payable”.
Amendments of 1986 Order
5
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1986 shall be further varied in the Schedule as follows —
a
in Article 1, after the definition of “industrial disease” shall be inserted the following definition:
““invalid care allowance” means invalid care allowance under section 37 of the Social Security Act 1975;”
b
in Article 9 —
i
in paragraph (2), the words “whose relevant date falls on or before 3rd January 1987” shall be deleted;
ii
after paragraph (2) shall be inserted the following paragraph:
3
The weekly sum payable —
a
in the case of a coal industry employee who qualifies for payments under only one of paragraphs (1) and (2), under the relevant paragraph, or
b
in the case of a coal industry employee who qualifies for payments under both those paragraphs, under them both combined,
shall be reduced or extinguished, as the case may be, by the weekly rate of any invalid care allowance to which the employee is entitled.
;
iii
the existing paragraph (3) shall be renumbered (4) and in that paragraph for the words from “shall be reduced” to the end shall be substituted the following words:
“shall, if it has not been reduced by virtue of section 5(1) of the Social Security (No. 2) Act 1980, be reduced, further reduced or extin-guished, as the case may be, by the amount by which the weekly total of such benefit exceeds £35.”
c
in Article 10, paragraph (5), for the words from the beginning to “in relation to any week in which the employee” shall be substituted the words “Paragraph (4) shall not apply to a coal industry employee in relation to any week in which he”.
Michael Spicer
Parliamentary Under Secretary of State,
Department of Energy
18th July 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 2 Regulations 1988 and shall come into force on 30th May 1988.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 17 of the General Regulations
2
In regulation 17 of the General Regulations (applicable amounts) at the end there shall be added the following —
f
any amounts determined in accordance with the following provisions of this regulation.
2
Where —
a
a claimant has throughout the period beginning on 11th April 1988 and ending immediately before the coming into force of paragraphs 25 to 28 of Schedule 10 (capital to be disregarded) failed to satisfy the capital condition in section 22(6) of the Act (no entitlement to benefit if capital exceeds prescribed amount); and
b
as a consequence he is not entitled to any transitional addition, special transitional addition or personal expenses addition under Part II of the Transitional Regulations ; and
c
had those paragraphs been in force on 11th April 1988 he would have satisfied that condition and been entitled to any such addition,
the amount applicable under this paragraph shall, subject to paragraph (3), be equal to the amount of any transitional addition, special transitional addition and personal expenses addition to which he would be entitled under Part II of the Transitional Regulations had he been entitled to any such addition in the week commencing 11th April 1988.
3
For the purposes of paragraph (2), in determining a claimant’s total benefit income in his second benefit week for the purpose of calculating the amount of any transitional addition to which he would have been entitled, no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations (total benefit income) which is made in respect of that week to compensate for the loss of entitlement to income support.
4
Subject to paragraph (6), where —
a
the claimant or any member of his family was temporarily absent from his home in the claimant’s first or second benefit week (or both), because he was —
i
a patient; or
ii
outside Great Britain for the purpose of receiving treatment for any disease or bodily or mental disablement or for the purpose of accompanying a child or young person who is outside Great Britain for the purpose of receiving such treatment; or
iii
in a residential care or nursing home or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases); or
iv
in the care of a local authority under a relevant enactment; or
v
staying with a person who was contributing to his maintenance; and
b
as a result —
i
in the claimant’s first benefit week his requirements for the purpose of calculating his entitlement to supplementary benefit were increased or reduced or he was not entitled to that benefit; or
ii
in the claimant’s second benefit week his applicable amount was increased or reduced or he was not entitled to income support; and
c
the period during which his requirements were, or his applicable amount was, increased or reduced, or he was not entitled to benefit, or any one or more of those circumstances existed, did not exceed 8 weeks,
the amount applicable under this paragraph shall be equal to the amount determined under paragraph (5).
5
The amount for the purposes of paragraph (4) shall be an amount equal to the difference between —
a
the amount that his total benefit income in his first benefit week would have been had he been entitled in respect of that week to supplementary benefit calculated on the basis that he or any member of his family had not been absent from the home; and, if less,
b
the amount of his total benefit income in the first complete week after the period of temporary absence ends; but for the purpose of calculating his total benefit income in that week —
i
no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations which is made in respect of that week to compensate for the loss (in whole or in part) of entitlement to income support; and
ii
if the period of temporary absence ends after the coming into force of paragraph (4), the amount of income support to be taken into account shall, notwithstanding regulation 9(6) of the Transitional Regulations, be calculated as if that paragraph were not in force.
6
The amount under paragraph (4) shall cease to be applicable to a claimant if he ceases to be entitled to income support for a period exceeding eight weeks.
7
In this Regulation —
“first benefit week” and “second benefit week” have the meanings given to those expressions in regulations 2(1) of the Transitional Regulations and shall also include the week which would have been the claimant’s “first benefit week” or, as the case may be, “second benefit week” had he been entitled to supplementary benefit or, as the case may be, income support in that week;
“total benefit income” has, subject to paragraphs (3) and (5)(b), the same meaning as in regulation 9 of the Transitional Regulations;
“Transitional Regulations” means the Income Support (Transitional) Regulations 1987
.
Amendment of Schedule 10 to the General Regulations
3
In Schedule 10 to the General Regulations (capital to be disregarded) —
a
in paragraph 4(b) the words “where the claimant is not to be treated as occupying a dwelling” shall be omitted;
b
after paragraph 24 there shall be added the following paragraphs —
25
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.
26
Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
27
Any premises where the claimant has commenced legal proceedings to obtain possession of those premises in order to occupy them as his home, for a period of 26 weeks from the date on which he commenced such proceedings, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
28
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.
.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
19th May 1988


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Gaming Machine Licence Duty Regulations 1988 and shall come into force on 12th October 1988.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Betting and Gaming Duties Act 1981;
“arcade” means premises used wholly or mainly for the playing of games or amusements by means of machines, whether or not those machines are gaming machines;
“ Collector ” means the Collector of Customs and Excise, Glasgow;
“duty” means gaming machine licence duty chargeable under section 22 of the Act.
Revocation
3
The Gaming Machine (Licence Duty) Regulations 1984 are hereby revoked.
PART II
GENERAL
Application for licence
4
An application for a gaming machine licence under paragraph 6 of Schedule 4 to the Act shall be made to the Collector.
Display of ordinary licence
5
The holder of an ordinary licence shall display it at all times in a prominent position in the premises to which it relates.
Display of special licences
6
The holder of special licences shall display each licence at all times on the gaming machine to which it relates so that it is clearly visible from a position in front of the machine.
Records in respect of special licences
7
1
The holder of special licences shall keep records showing in relation to each gaming machine —
a
the location of the machine;
b
the make and model of the machine;
c
the manufacturer’s serial number, if any; and
d
the serial number and commencement and expiry dates of the relevant special licence.
2
The holder of special licences shall —
a
record any change in the particulars required under paragraph (1) above by the end of the working day following the day of the change;
b
upon demand made by the proper officer produce or deliver to him the records required by this regulation, and allow him to take copies; and
c
notify the Collector of the address at which the records required by this regulation are to be kept.
PART III
SPARE GAMING MACHINES
Spare gaming machines
8
A spare or broken down gaming machine shall not be treated by virtue of section 26(3) of the Act as provided for gaming on any premises where —
a
the machine is of the same type for duty purposes as those licensed on the premises; and
b
there is a licence in force in respect of at least 2 other machines; and either
c
the machine is kept in a place to which persons resorting to those premises have no access; or
d
the machine is installed so that it cannot be played at the same time as those licensed on the premises,
but this regulation shall not apply to more than one machine at any premises other than an arcade.
PART IV
EXCHANGE OF LICENCE
Exchange of licence
9
The holder of a gaming machine licence may exchange that licence for another licence and be allowed credit calculated in accordance with regulation 10 below, if all the following provisions apply —
a
an application to exchange the licence has been made in writing to the Collector at least 14 clear days before the new licence is to take effect;
b
the old licence would have been valid for at least one month after the date the new licence is to take effect; and
c
the new licence is to take effect at the date of the exchange.
Amount of credit on exchange of licence
10
1
The amount of credit allowed under Regulation 9 above shall be, for each complete remaining month of the old licence, an amount equal in the case of a whole, half or quarter year licence to one twelfth, one sixth or one third respectively of the duty paid on the issue of the old licence.
2
For the purposes of this regulation the amount of any credit allowed under regulation 9 above on the issue of the old licence shall be treated as having been paid on the issue of that licence.
3
The amount of credit shall not exceed the duty payable on the new licence.
Exchange of licence — general provisions
11
1
Where an application has been made under regulation 9 above for credit on the exchange of a licence, no repayment of duty under paragraph 11 of Schedule 4 to the Act shall be allowed on the surrender of the old licence.
2
For the purpose of paragraph 11 of Schedule 4 to the Act (surrender of licence) the amount of any credit allowed under regulation 9 above shall be treated as having been paid on the issue of the licence.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
16th September 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Three Valleys Water Order 1988 and shall come into force on 1st November 1988.
2
The Colne Valley Water Acts and Orders 1873 to 1984 and so much of this Order as relates to the Colne Valley Water Company may be cited together as the Colne Valley Water Acts and Orders 1873 to 1988.
3
So much of this Order as relates to the Rickmansworth Water Company shall be included among the enactments which may be cited together as the Rickmansworth Water Acts and Orders 1884 to 1988.
4
The Lee Valley Water Acts and Orders 1959 to 1985 and so much of this Order as relates to the Lee Valley Water Company may be cited together as the Lee Valley Water Acts and Orders 1959 to 1988.
5
In this Order —
“the 1970 Order ” means the Three Valleys Water Order 1970 ;
“the Joint Committee ” means the Three Valleys Water Committee established under the 1970 Order; and
“the Three Companies” has the same meaning as in the 1970 Order.
Change of financial year
2
1
If the Joint Committee so determine, by a resolution passed before 1st December in any calendar year, the accounts of the Joint Committee shall be made up for the period of 15 months from 1st January in that calendar year, and the following provisions shall have effect.
2
In section 2(1) of the 1970 Order, in the definition of “year”, for “31st December” substitute “31st March”.
3
Part V of the 1970 Order shall be amended in such manner as may be agreed between the Three Companies under section 26 of that Order.
4
In Schedule 2 to the 1970 Order, in paragraph 6, for “the thirtieth day of June”, “the thirty-first day of December” and “the first day of March”, substitute “30th September”, “31st March” and “1st June” respectively.
Signed by authority of the Secretary of State
J. A. C. Gunn
An Under Secretary in the
Department of the Environment
26th October 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan” means the plan numbered GLRT065/L28/36/T013/1 — 2, marked “The A406 London North Circular Trunk Road (Hanger Lane to Harrow Road Improvement, Trunk Road and Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads; and
iii
“the Trunk Road” means the London North Circular Trunk Road (A406).
5
This Order shall come into force on 3rd March 1988 and may be cited as the A406 London North Circular Trunk Road (Hanger Lane to Harrow Road Improvement, Trunk Road and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
I. Yass
An Under Secretary in the
Department of Transport
19th February 1988


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1988 and shall come into force on 3rd September 1988.
2
A safety zone is hereby established around each of the installations specified in Column 2 of the Schedule hereto (being installations stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects each installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified with respect to the installation in Columns 3 and 4 of the Schedule.
Cecil Parkinson
Secretary of State for Energy
12th August 1988


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1988 and shall come into force on 27th May 1988.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 and shall come into force on 11th April 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“appropriate office” means an office of the Department of Health and Social Security;
“capital limit” means the amount prescribed for the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support;
“claimant” means a person who makes a claim for remission, payment or repayment in accordance with regulation 7 or 8;
“date of claim” means the date on which a claim is received in an appropriate office;
“family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support except in regulation 4(d) where it has the meaning assigned to it by section 20(11) of that Act as it applies to family credit ;
“family credit” means family credit under Part II of the Social Security Act 1986;
“income support” means income support under Part II of the Social Security Act 1986 and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
“relevant charges” and “relevant travelling expenses” have the meanings prescribed by regulation 3(1);
“trade dispute” has the same meaning as in the Social Security Act 1975 ;
“week” means a period of 7 days beginning with midnight between Saturday and Sunday.
2
In these Regulations any reference to an instrument made under the Social Security Act 1986 is to be construed as a reference to that instrument as it has effect on the making of these Regulations and as amended subsequently.
3
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number and a reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.
Entitlement to full remission and payment
3
1
Any person of a description prescribed by regulation 4 is entitled, in accordance with the following provisions of these Regulations, to the remission of the whole amount of any charges referred to in paragraph (2) which would otherwise be payable by him (“relevant charges”) and payment of the whole amount of the travelling expenses referred to in paragraphs (3) and (4) (“relevant travelling expenses”).
2
Paragraph (1) applies to the following charges —
a
charges for drugs, medicines, appliances and pharmaceutical services payable in pursuance of section 77(1) of the Act;
b
charges for dental appliances and dental treatment payable in pursuance of section 78(1) or section 79(1) of the Act.
3
Paragraph (1) applies in the case of travelling expenses necessarily incurred or to be incurred by a person —
a
in attending a hospital for the purpose of availing himself of services provided under the care of a hospital consultant in pursuance of the Act,
b
in attending a disablement services centre for the purpose of availing himself of services provided by the Disablement Services Authority in pursuance of the Act,
including the travelling expenses of a companion in a case where it is necessary on medical grounds that that person should be accompanied.
4
The travelling expenses to be taken into account for the purposes of paragraph (3) are to be the cost of travelling by the cheapest means of transport available.
Description of persons entitled to full remission and payment
4
Regulation 3(1) applies to any person who, at the time when the relevant charge is made or when the relevant travelling expenses are incurred, is —
a
a person who is in receipt of income support, or
b
a member of the same family as a person who is in receipt of income support, or
c
a person who is in receipt of family credit, or
d
a member of the same family as a person who is in receipt of family credit, or
e
a person whose requirements equal or exceed his income resources and whose capital resources do not exceed the capital limit, or
f
a member of the same family as a person described in paragraph (e) of this regulation.
Persons entitled to remission in part or payment in part
5
1
A person who is not of a description prescribed by regulation 4 and whose capital resources do not exceed the capital limit is entitled, in accordance with the following provisions of these Regulations, to the remission of part of any relevant charges or, as the case may be, payment of part of any relevant travelling expenses if at the time when the relevant charge is made or when the travelling expenses are incurred he is —
a
a person whose income resources exceed his requirements by less than a third of the relevant charge or, as the case may be, by less than the relevant travelling expenses, or
b
a member of the same family as a person described in sub-paragraph (a) of this paragraph.
2
This regulation applies only in respect of charges for wigs, fabric supports and surgical brassieres payable in pursuance of section 77(1)(a) of the Act (supplied otherwise than under Part II of the Act), charges for dental appliances and dental treatment payable in pursuance of section 78(1) or section 79(1) of the Act, and any relevant travelling expenses.
3
The amount of any relevant charge which a person is entitled by paragraph (1) to have remitted is the difference between the relevant charge and 3 times the amount by which his income resources exceed his requirements.
4
The amount of the relevant charge for the purposes of paragraph (3) is —
a
in the case of a charge under section 77(1)(a) of the Act for the supply of an appliance, the charge made for that appliance;
b
in the case of a charge for dental treatment or for the supply of a dental appliance under Part II of the Act (general dental services), the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment;
c
in the case of a charge for the supply of a dental appliance supplied otherwise than under Part II of the Act, the charge made for that appliance.
5
The amount of the relevant travelling expenses which a person is entitled by paragraph (1) to be paid is the difference between the relevant travelling expenses incurred in any week and the amount by which his income resources exceed his requirements.
Calculation of resources and requirements
6
1
Where it is necessary that the resources and requirements of a person, and the relationship between them, should be calculated for the purposes of these Regulations, they shall be calculated by the Secretary of State according to the provisions of this regulation and Schedule 1.
2
For the purposes of paragraph (1), the resources and requirements of a person shall be calculated —
a
in the case of a claim made under regulation 7(1), by reference to his resources and requirements at the date of claim;
b
in the case of a claim made under regulation 8(2), by reference to his resources and requirements at the date when he paid the relevant charge or travelling expenses.his resources and requirements at the date of claim;
b
in the case of a claim made under regulation 8(2), by reference to his resources and requirements at the date when he paid the relevant charge or travelling expenses.
3
Unless any provision referred to in Schedule 1 specifies to the contrary, where a claimant is a member of a family, the resources of the other members of his family shall be calculated or estimated in the same manner as those of the claimant and shall be taken into account as if they were his resources; and in calculating his requirements, the requirements of the other members of his family shall be taken into account according to the provisions of Schedule 1.
4
In a case to which paragraph (3) applies, unless the context otherwise requires, any reference to a “claimant” in Schedule 1 or in the provisions referred to in that Schedule shall be construed as including the other members of his family.
5
In a case where the earnings of any person are to be calculated for the purpose of this regulation and those earnings have been affected by a trade dispute, the earnings to be taken into account shall be the earnings which that person would have received if there had been no trade dispute.
Claims for remission or payment
7
1
A person who is within a description prescribed by regulation 4(e) or (f) or 5(l) and who wishes to claim his entitlement under regulation 3(1) or 5(1) (full or partial remission of relevant charges or payment of relevant travelling expenses) shall make a claim to the Secretary of State on a form provided by or on behalf of the Secretary of State for that purpose and shall send or deliver that form to an appropriate office.
2
A claimant shall produce in support of his claim such evidence as the Secretary of State may reasonably require.
3
The Secretary of State may treat any claim under paragraph (1) as a claim to entitlement in respect of all of the relevant charges and relevant travelling expenses and shall calculate the resources and requirements of the claimant according to the provisions of regulation 6 and Schedule 1.
4
If the Secretary of State determines that the claimant and any member of his family are entitled to any remission of the relevant charges or any payment of the relevant travelling expenses, he shall issue a notice of entitlement to the claimant which shall be effective in respect of the claimant and any member of his family for the purposes of any remission of those charges, and any payment of those travelling expenses, to which they are entitled.
5
A notice of entitlement issued under paragraph (4) shall indicate whether the claimant and any member of his family are entitled to full or partial remission or payment and in the case of partial remission or payment shall specify the amount of any relevant charge or relevant travelling expenses for which there is no entitlement to remission or payment.
6
A notice of entitlement issued under paragraph (4) shall be effective for a period of 6 months from the date of claim, subject to its being superseded by any further notice issued as a result of a claim made in accordance with paragraph (8), and shall specify the dates of commencement and expiry of that period.
7
Subject to paragraph (8), any change in the financial or other circumstances of a claimant, or of any member of his family, during the period for which a notice of entitlement has been issued shall not affect the validity of the notice of entitlement in respect of that period or, in the case of partial remission or payment, the amounts referred to in paragraph (5).
8
A claimant who is issued with a notice of entitlement in a case of partial remission may make a further claim in accordance with paragraph (1) at any time during the period for which the notice of entitlement has been issued, if he considers that by reason of a change in his financial circumstances or those of any member of his family the amounts referred to in paragraph (5) should be reduced.
Repayment
8
1
Subject to the following provisions of these Regulations, a person of a description prescribed by regulation 4 or 5(1) who pays any relevant charge or relevant travelling expenses without exercising his right under regulation 3(1) or 5(1) to remission or payment is entitled to be repaid whatever amount would otherwise have been remitted or paid.
2
It is a condition of the entitlement to repayment under paragraph (1) of a person of any description that he makes a claim to the Secretary of State for repayment within one month after payment of the relevant charge or relevant travelling expenses and that he makes that claim on a form provided by or on behalf of the Secretary of State for that purpose for persons of that description.
3
It is a further condition of entitlement to repayment under paragraph (1) that the claimant produces in support of his claim such evidence as the Secretary of State may reasonably require.
4
If the Secretary of State is satisfied that a claimant is entitled to any repayment under paragraph (1) he shall cause a repayment to be made to him in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
Transitional
9
1
Where before 11th April 1988 a person has made a claim —
a
for the remission or repayment of any relevant charge in pursuance of the provisions of the National Health Service (Remission of Charges) Regulations 1974 or the National Health Service (Charges for Drugs and Appliances) Regulations 1980 , or
b
for the payment of any relevant travelling expenses in pursuance of the National Health Service (Expenses in attending Hospitals) Regulations 1950 ,
and his claim has not been determined before that date, his claim shall be determined in accordance with the provisions of those Regulations as though they remained in force.
2
Where before 11th April 1988 a person has paid any relevant charge or relevant travelling expenses but has not made a claim for the repayment of that charge or those expenses before that date, he may make a claim for repayment in accordance with the provisions of the Regulations referred to in paragraph (1) within the time allowed by those provisions and his claim shall be determined in accordance with the provisions of those Regulations as though they remained in force.
3
Where before 11th April 1988 a person has been issued with any document by or on behalf of the Secretary of State which was effective for the purposes of the remission of any of the relevant charges in accordance with the Regulations referred to in paragraph (1)(a), in respect of a period or course of treatment which continues until a date after 11th April 1988, he shall continue to be entitled to remission in respect of that period or course of treatment as though those Regulations remained in force.
Revocations
10
The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
21st March 1988ecified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
21st March 1988