The National Health Service (Welfare Reform Consequential Amendments) (Wales) Regulations 2013
W.S.I. 2013/684 · Made 21 March 2013
NATIONAL HEALTH SERVICE, WALES
Made 21 March 2013
Laid before the National Assembly for Wales 22 March 2013
Coming into force 12 April 2013
The Welsh Ministers in exercise of the powers conferred by sections 71, 128, 129, 130, 131, and 203(9) and (10) of the National Health Service (Wales) Act 2006f1 hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Title, commencement and application
- 2Interpretation
- 3Amendment of the 1986 Regulations
- 4Amendment of the 1986 Regulations
- 5Amendment of the 1997 Regulations
- 6Amendment of the 1997 Regulations
- 7Amendment of the 2007 Regulations
- 8Amendment of the 2007 Regulations
- Signature
- Explanatory note
1Title, commencement and application
The title of these Regulations is the National Health Service (Welfare Reform Consequential Amendments) (Wales) Regulations 2013 and they come into force on 12 April 2013.
These Regulations apply in relation to Wales.
2Interpretation
In these Regulations—
-
“the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986f1;
-
“the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 1997f2; and
-
“the 2007 Regulations” (“Rheoliadau 2007”) means the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007f3.
3Amendment of the 1986 Regulations
The 1986 Regulations are amended in accordance with the provisions of regulation 4.
4Amendment of the 1986 Regulations
In regulation 2, in the appropriate place in the alphabetical order insert the following definitions—
“(a)““the 2012 Act” means the Welfare Reform Act 2012f1;”; and
“(b)“universal credit” means universal credit under Part 1 of the 2012 Act;”.
In regulation 13(2)—
at the end of sub-paragraph (o), omit “or”;
at the end of the sub-paragraph (p), for “.” substitute “; or”; and
after sub-paragraph (p), insert the following sub-paragraph—
“(q)during the period beginning on 29 April 2013 and ending on 31 March 2014—
(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, 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.”.
In regulation 13(3)—
at the end of sub-paragraph (c), omit “and”;
at the end of sub-paragraph (d), for “.” substitute “; and”; and
after sub-paragraph (d), insert the following sub-paragraph—
“(e)in sub-paragraph (q) “couple” has the meaning given in section 39 of the 2012 Act (couples) and “qualifying young person” has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons).”.
5Amendment of the 1997 Regulations
The 1997 Regulations are amended in accordance with the provisions of regulation 6.
6Amendment of the 1997 Regulations
In regulation 1, in the appropriate place in the alphabetical order insert the following definitions—
“(a)“the 2012 Act” means the Welfare Reform Act 2012f1;”; and
“(b)“universal credit” means universal credit under Part 1 of the 2012 Act;”.
In regulation 8(3)—
at the end of sub-paragraph (o), omit “or”;
at the end of the sub-paragraph (p), for “.” substitute “; or”; and
after sub-paragraph (p), insert the following sub-paragraph—
“(q)during the period beginning on 29 April 2013 and ending on 31 March 2014—
(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, 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.”.
In regulation 8(4)—
at the end of sub-paragraph (c), omit “and”;
at the end of the sub-paragraph (d), for “.” substitute “; and”; and
after sub-paragraph (d), insert the following sub-paragraph—
“(e)in sub-paragraph (q) “couple” has the meaning given in section 39 of the 2012 Act (couples) and “qualifying young person” has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons).”.
7Amendment of the 2007 Regulations
The 2007 Regulations are amended in accordance with the provisions of regulation 8.
8Amendment of the 2007 Regulations
In regulation 2, in the appropriate place in the alphabetical order insert the following definitions—
“(a)“the 2012 Act” (“Deddf 2012”) means the Welfare Reform Act 2012f1;”;
“(b)“qualifying young person” (“person ifanc cymwys”) has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons);”; and
“(c)“universal credit” (“credyd cynhwysol”) means universal credit under Part 1 of the 2012 Act;”.
In regulation 2, in the definition of “couple”, after “1992” insert “, except that in regulation 5(1)(aa)(i) and (iii) it has the meaning given in section 39 of the 2012 Act (couples)”.
In regulation 5(1), after sub-paragraph (a), insert the following sub-paragraph—
“(aa)during the period beginning on 29 April 2013 and ending on 31 March 2014—
(i)is the recipient of an award of universal credit either as a single person or as a member of a couple,
(ii)is a child or qualifying young person for whom a recipient referred to in paragraph (i) is responsible, or
(iii)is a member of a couple, the other member of which is the recipient of an award of universal credit as a single person;”.
In regulation 16(1), for sub-paragraph (b) substitute—
“(b)the amount which represents the weekly amount of any housing benefit to which the claimant or any member of his or her family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992f2.”
In Schedule 1, in column 2 of Table B, in the substitute paragraph 13A—
at the end of sub-paragraph (1)(b)(i), omit “or”;
at the end of sub-paragraph (1)(b)(ii), for “.” substitute “;”; and
after sub-paragraph (1)(b)(ii), insert—
“(iii)in receipt of the enhanced rate of the daily living component of personal independence payment prescribed in accordance with section 78(3)(b) of the 2012 Act; or
(iv)in receipt of an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011f3.”
Signature
Mark Drakeford
Minister for Health and Social Services, one of the Welsh Ministers
21 March 2013
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the National Health Service (General Ophthalmic Services) Regulations 1986 (1986/975) (“the 1986 Regulations”), the National Health Service (Optical Charges and Payments) Regulations 1997 (1997/818) (“the 1997 Regulations”) and the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (2007/1104 (W.116)) (“the 2007 Regulations”).
Regulations 3 and 4 make amendments to the 1986 Regulations consequential upon the introduction of universal credit by the Welfare Reform Act 2012 (2012 c. 5) (“the 2012 Act”).
Regulations 5 and 6 make amendments to the 1997 Regulations consequential upon the introduction of universal credit by the 2012 Act.
Regulations 7 and 8 make amendments to the 2007 Regulations consequential upon the introduction of universal credit by the 2012 Act, the abolition of council tax benefit, the introduction of personal independence payment by the 2012 Act and the introduction of the armed forces independence payment by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (2011/517).
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.