The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1995

• Citation: S.I. 1995/705
• Sections: 11

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1995 and shall come into force on 1st April 1995.

(2) In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation) after the definition of “complex appliance” there is inserted the following definition:—

“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ;

Section 3 Amendment of regulation 4(2) of the principal Regulations

In regulation 4(2) of the principal Regulations (completion and use of voucher — sight tests) after the word “patient” there is inserted—

, the patient’s date of birth

Section 4 Amendment of regulation 8 of the principal Regulations

(1) In regulation 8(3) of the principal Regulations (eligibility — supply of optical appliances), the word “or” at the end of sub-paragraph (e) is omitted and after sub-paragraph (f) there is inserted—

(g) he is in receipt of disability working allowance and his capital resources, calculated in accordance with the regulations concerning entitlement to that allowance , were not more than £8000 at the time that allowance was claimed; or

(h) he is a member of the same family as a person described in sub-paragraph (g) of this paragraph.

(2) For regulation 8(4) of the principal Regulations there is substituted—

(4) In paragraph (3), “family” (in references to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 —

(a) as it applies to income support , in the case of paragraph (3)(b) and (f);

(b) as it applies to family credit , in the case of paragraph (3)(d); and

(c) as it applies to disability working allowance , in the case of paragraph (3)(h).

Section 5 Amendment of regulation 9 of the principal Regulations

In regulation 9 of the principal Regulations (issue of vouchers by ophthalmic medical practitioners and opticians) in paragraph (3)(b), in place of the words “the patient’s age if under 19”, there is substituted “the patient’s date of birth”.

Section 6 Amendment of regulation 10 of the principal Regulations

In regulation 10 of the principal Regulations (issue of vouchers by Health Boards) in paragraph (3)(b), in place of the words “the patient’s age if under 19”, there is substituted “the patient’s date of birth”.

Section 7 Amendment of regulation 11 of the principal Regulations

In regulation 11 of the principal Regulations (issue of vouchers by Health Boards in connection with the hospital eye service) in paragraph (3)(b), in place of the words “the patient’s age if under 19”, there is substituted “the patient’s date of birth”.

Section 8 Amendment of regulation 17 of the principal Regulations

In regulation 17 of the principal Regulations (completion of vouchers) in paragraphs 2(b) and 3(c), in place of the words “the patient’s age if under 16” in each case, there is substituted “the patient’s date of birth”.

Section 9 Amendment of regulation 20 of the principal Regulations

In regulation 20 of the principal Regulations (redemption value of voucher — replacement or repair)—

(a) in paragraph (1)(b), for “£37.80” there is substituted “£38.60”;

(b) in paragraph (3)(i), for “£9.60” there is substituted “£9.90”; and

(c) in paragraph 3(ii) for “£42.10” there is substituted “£43.50” .

Section 10 Amendment of Schedules to the principal Regulations

(1) In Schedule 1 to the principal Regulations (voucher letter codes and face values) , in column 3 (face value of voucher), for each amount specified in column 1 of the Table below there is substituted the amount specified in relation to it in column 2 of that Table.

TABLE

(2) For Schedule 2 to the principal Regulations (voucher values — repair) there is substituted the Schedule 2 set out in the Schedule to these Regulations.

(3) In Schedule 3 to the principal Regulations (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)—

(a) in paragraph 1(1)(a) (single vision lens with prism), for “£4.90” there is substituted “£5.10”;

(b) in paragraph 1(1)(b) (other lens with prism), for “£6.10” there is substituted “£6.30”;

(c) in paragraph 1(1)(c) (single vision tinted lens), for “£2.50” there is substituted “£2.60”;

(d) in paragraph 1(1)(d) (other tinted lens), for “£3.00” there is substituted “£3.10”;

(e) in paragraph 1(1)(e) (small glasses) —

(i) in sub-head (i), for “£42.10” there is substituted “£43.50”,

(ii) in sub-head (ii), for “£37.40” there is substituted “£38.60”, and

(iii) in sub-head (iii), for “£20.20” there is substituted “£20.90”;

(f) in paragraph 1(1)(f) (photochromic lenses), for “£2.50” there is substituted “£2.60” and for “£3.00” there is substituted “£3.10”;

(g) in paragraph 1(1)(g) (specially manufactured frame), for “£42.10” there is substituted “£43.50”;

(h) in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.20” there is substituted “£4.30”; and

(i) in pararagraph 2(b) (minimum complex appliance payment—other lenses), for “£22.70” there is substituted “£23.40”.

Section 11 Application of these Regulations

The amendments made by regulations 9 and 10 of these Regulations apply only in relation to a voucher—

(a) accepted or used pursuant to regulation 12 or regulation 18 of the principal Regulations on or after 1st April 1995; or

(b) provided to a responsible authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.