The National Health Service (Payments for Optical Appliances) Amendment (No. 2) Regulations 1988

• Citation: S.I. 1988/552
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Payments for Optical Appliances) Amendment (No. 2) Regulations 1988 and shall come into force on 11th April 1988.

(2) In these Regulations“the principal Regulations ” means the National Health Service (Payments for Optical Appliances) Regulations 1986 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation)—

(a) after the definition of“the Act” there is inserted the following definition:—

“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;

(b) the definition of“contribution assessment” is omitted;

(c) after the definition of“face value” there are inserted the following definitions:—

“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 ;

(d) after the definition of“minimum complex appliance payment” there is inserted the following definition:—

“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;

(e) for the definition of“patient’s contribution” there is substituted the following:—

“patient’s contribution” means the amount specified under regulation 7(5) of the Remission Regulations as that for which there is no entitlement under those Regulations to remission of charges;

(f) after the definition of“redemption value” there is inserted the following definition:—

“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;

Section 3 Amendment of regulation 3 of the principal Regulations

In regulation 3 of the principal Regulations (eligibility for payment of costs of optical appliances)—

(a) in paragraph (2), sub-paragraphs (d) and (e) are omitted and after sub-paragraph (f) there is added the following sub-paragraph:—

(g) a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under these regulations and whose capital resources as so calculated do not exceed the capital limit.

(b) for paragraph (3) there are substituted the following paragraphs:—

(3) A person’s resources shall be treated as being less than his requirements if—

(a) he is in receipt of income support;

(b) he is a member of the same family as a person who is in receipt of income support;

(c) he is in receipt of family credit;

(d) he is a member of the same family as a person who is in receipt of family credit; or

(e) his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit.

(4) In paragraph (3)(b) and (3)(d)“family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support and to family credit respectively .

Section 4 Amendment of regulation 6 of the principal Regulations

In regulation 6 of the principal Regulations (use of voucher)—

(a) in paragraph (4)—

(i) for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g), or by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements,”, and

(ii) for“contribution assessment” there is substituted“notice of entitlement”;

(b) for paragraph (5) there is substituted the following paragraph:—

(5) A patient who is an eligible person only by virtue of regulation 3(2)(g), or only by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements, shall, on the same occasion as he presents the supplier with a voucher in accordance with paragraph (1), show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 7(2)(c)(iii).

Section 5 Amendment of regulation 7 of the principal Regulations

In regulation 7 of the principal Regulations (payments to suppliers):—

(a) in paragraph (1) for“The responsible authority” there is substituted“Except where it was the supplier, the responsible authority”;

(b) in paragraph (2)(c)—

(i) in head (ii) after“responsible authority” there is inserted“within the period of three months beginning with the date of supply of the optical appliance”, and

(ii) for head (iii) there is substituted the following:—

(iii) where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any

Section 6 Amendment of regulation 8 of the principal Regulations

In regulation 8 of the principal Regulations (payments in health authority cases)—

(a) in paragraph (1)(a) for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g), or by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements,”;

(b) in paragraphs (1)(b) and (2)(a) for“contribution assessment” there is substituted in each case“notice of entitlement”; and

(c) in paragraph (2)(c)—

(i) for“six months” there is substituted“one month”, and

(ii) for head (ii) there is substituted the following:—

(ii) a statement of the amount of his patient’s contribution, if any,

Section 7 Amendment of regulation 9 of the principal Regulations

In regulation 9 of the principal Regulations (redemption value of voucher), in paragraph (2) for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g)”.

Section 8 Savings and transitional

(1) Nothing in these Regulations shall prevent the use of a voucher duly issued to a person before 11th April 1988 in accordance with the principal Regulations.

(2) A contribution assessment issued before 11th April 1988, pursuant to regulation 6(4) and (5) of the principal Regulations, to a person to whom a voucher was issued before that date may be used in accordance with the provisions of the principal Regulations as in force immediately before that date.

(3) A person who, immediately before 11th April 1988, was an eligible person for the purposes of the principal Regulations by virtue of the issue to him of an exemption certificate pursuant to regulation 7(1)(i) of the National Health Service (Charges for Drugs and Appliances) Regulations 1980 shall continue to be an eligible person for those purposes for so long as that certificate remains in force.

(4) Regulation 5(b)(i) of these Regulations shall not affect a claim for payment under regulation 7 of the principal Regulations in so far as it relates to the supply of an optical appliance before 11th April 1988.

(5) Notwithstanding regulation 6(c)(i) of these Regulations, an application under regulation 8(2)(c) of the principal Regulations for a payment in respect of an optical appliance supplied before 11th April 1988 may be made within six months of the date of its supply.

Section 9 Revocation

Schedule 2 to the principal Regulations is revoked.