Road Traffic (NHS Charges) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/785 |
| Year | 1999 |
1999 No. 785
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
NATIONAL HEALTH SERVICE, SCOTLAND
ROAD TRAFFIC
The Road Traffic (NHS Charges) Regulations 1999
Made 15th March 1999
Laid before Parliament 15th March 1999
Coming into force 5th April 1999
The Secretary of State for Health, in exercise of the powers conferred by sections 1(5), 2(9)(b) and (10), 3(2), (4) and (6), 10(2) and (3), 11(2), (3) and (4), 13(4), 14(1), 16(2) and 17 of the Road Traffic (NHS Charges) Act 19991, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Road Traffic (NHS Charges) Regulations 1999 and shall come into force on 5th April 1999.
(2) In these Regulations—
“the Act” means the Road Traffic (NHS Charges) Act 1999;
“certificate” means a certificate of NHS charges issued under section 2 of the Act.
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department of Social Security2;
“hospital” means a health service hospital within the meaning of section 17 of the Act;
“incident” means an incident whereby a person suffers injury, or suffers injury and dies, as a result of the use of a motor vehicle on a road;
(3) A reference in these Regulations to a numbered section is a reference, unless the context otherwise requires, to that section of the Act.
Application for a certificate of NHS charges
2.—(1) An application for a certificate shall be made to the Compensation Recovery Unit and shall include the following particulars—
(a)
(a) the full name and address of the traffic casualty;
(b)
(b) the date of birth, and where known, the national insurance number of that person;
(c)
(c) the date of the incident;
(d)
(d) the nature of the injury;
(e)
(e) the name and address of any hospital at which the traffic casualty received treatment in respect of his injury.
(2) In a case to which section 2(8) applies (compensation payment made in circumstances where no certificate in force and no application made in period prescribed under section 2(9)(b) prior to making a compensation payment) an application for a certificate must be made within 14 days of the date on which the compensation payment is made.
(3) The prescribed period for the purposes of section 2(9)(b) is a period of 28 days ending immediately before the day on which the compensation payment is made.
Amount of NHS Charges—Incidents before 2nd July 1997
3.—(1) This regulation applies to any compensation payment made in respect of an incident which occurred before 2nd July 1997.
(2) Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify—
(a)
(a) where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £295, or
(b)
(b) subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital in respect of that treatment, the sum of £435 for each day, or part day, of admission.
(3) Where the traffic casualty is admitted to hospital on one day and discharged on another day the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
(4) The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £3,000.
Amount of NHS Charges—Incidents on or after 2nd July 1997
4.—(1) This regulation applies to any compensation payment made in respect of an incident which occurred on or after 2nd July 1997.
(2) Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify—
(a)
(a) where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £354, or
(b)
(b) subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £435 for each day, or part day, of admission.
(3) Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
(4) The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £10,000.
Provisions supplementary to regulations 3 and 4
5.—(1) A certificate issued under section 2(2) shall only take into account treatment received before the date the certificate is issued.
(2) A certificate issued under section 2(11) shall only take into account treatment received before the settlement date3.
Particulars of amounts specified in certificate
6. A person to whom a certificate is issued is entitled, on application to the Secretary of State, to the following particulars—
(a) in respect of treatment counted for the purposes of determining the amount in the certificate, the name of the responsible body of any hospital at which that treatment took place;
(b) where regulation 3(2)(b) or 4(2)(b) applies in respect of that treatment, the number of days of admission counted at that hospital.
Information to be provided with respect to a traffic casualty
7.—(1) A person specified in section 11(2)(a) shall send to the Compensation Recovery Unit the information set out in paragraph (3) not later than 14 days after the claim is made.
(2) A person specified in section 11(2)(b) to (e) shall send to the Compensation Recovery Unit such information set out in paragraph (3) as the Secretary of State may request within 14 days of the Secretary of State asking that person for that information.
(3) The information referred to in paragraphs (1) and (2) is—
(a)
(a) the full name and address of the traffic casualty;
(b)
(b) the date of birth or national insurance number of that person;
(c)
(c) the date of the incident;
(d)
(d) the nature of the injury;
(e)
(e) in respect of NHS treatment received at a hospital in respect of the injury—
(i) the name and address of the hospital, and
(ii) where known, whether the traffic casualty was admitted to hospital and if so the date of admission and discharge;
(f)
(f) the full name and address of the person against whom the claim is made.
(4) The responsible body of each hospital at which the traffic casualty received NHS treatment in respect of his injury shall send the following information to the Compensation Recovery Unit within 14 days of the Secretary of State asking for it—
(a)
(a) the date the treatment began;
(b)
(b) whether the traffic casualty was admitted to one of its hospitals, or not, and if so, the date of admission and discharge, and
(c)
(c) where known, the name and address of any other hospital at which the traffic casualty received treatment, and
(d)
(d) whether there is likely to be further treatment in respect of the injury.
(5) For the purposes of section 11(3), “claim”
(a)
(a) in relation to a person falling within section 1(3)(a) or (d) means a claim notified to him which may require him to make a payment in respect of the injury, whether or not proceedings have been commenced, and
(b)
(b) in relation to a person falling within section 1(3)(b) or (c) means a claim against that person for a payment in respect of the injury, whether or not proceedings have been commenced,
and “person against whom the claim is made” shall be construed accordingly.
Payments to Hospitals
8.—(1) The Secretary of State—
(a)
(a) shall make any payment under section 13(1) (payment to responsible body) not later than 40 days after the day he receives a payment of NHS charges;
(b)
(b) may make more than one such payment at the same time; and
(c)
(c) may do so by automatic credit transfer.
(2) In respect of each payment the Secretary of State shall send to the responsible body a statement showing—
(a)
(a) the name and address of the traffic casualty in respect of which the payment is made;
(b)
(b) the amount of the payment, and
(c)
(c) the date of the incident in respect of which the payment is made.
(3) Where—
(a)
(a) the Secretary of State receives a payment of NHS charges under section 1(2), and
(b)
(b) the responsible body of the hospital concerned (“the old body”) has...
To continue reading
Request your trial