The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) Regulations 1999

• Citation: S.I. 1999/2562
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) Regulations 1999 and shall come into force on 5th October 1999.

(2) In these Regulations—

(a) “the 1997 Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ;

(b) “the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .

Section 2 Amendment of the 1997 Regulations

(1) In Regulation 1(2) of the 1997 Regulations (citation, commencement and interpretation)—

(a) after the definition of “the Act” there shall be inserted the following definition—

“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or, as the case may be, working families' tax credit, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 , as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;

(b) for the definition of “disability working allowance” there shall be substituted the following definition—

“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;

(c) for the definition of “family credit” there shall be substituted in the appropriate place the following definition—

“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;

(2) Regulation 8 of the 1997 Regulations (eligibility—supply of optical appliances) shall be amended as follows—

(a) for paragraph (3)(c) there shall be substituted—

(c) he is in receipt of working families' tax credit with an amount withdrawn of £70 or less;

(b) for paragraph (3)(d) there shall be substituted—

(d) he is a member of the same family as a person described in paragraph (c) of this paragraph;

(c) for paragraph (3)(g) there shall be substituted—

(g) he is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less;

(d) in paragraph (4)(b) for “family credit” there shall be substituted “working families' tax credit”;

(e) in paragraph (4)(c) for “disability working allowance” there shall be substituted “disabled person’s tax credit”.

Section 3 Amendment of the 1986 Regulations

(1) In regulation 2(1) of the 1986 Regulations (interpretation)—

(a) after the definition of “the 1984 Act ” there shall be inserted the following definition—

“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or, as the case may be, working families' tax credit, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 , as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;

(b) for the definition of “disability working allowance” there shall be substituted the following definition—

“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;

(c) for the definition of “family credit” there shall be substituted in the appropriate place the following definition—

“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;

(2) Regulation 13 of the 1986 Regulations (sight tests—eligibility) shall be amended as follows—

(a) for paragraph (2)(c) there shall be substituted—

(c) he is in receipt of working families' tax credit with an amount withdrawn of £70 or less;

(b) for paragraph (2)(d) there shall be substituted—

(d) he is a member of the same family as a person described in paragraph (c) of this paragraph;

(c) for paragraph (2)(g) there shall be substituted—

(g) he is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less;

(d) in paragraph (3)(b) for “family credit” there shall be substituted “working families' tax credit”.

Section 4 Transitional Provision

(1) Where immediately before 5th October 1999 a person, or a member of his family, was in receipt of disability working allowance or family credit, as the case may be, the amendments made by regulation 2 or 3 of these Regulations shall not have effect in his case for so long as he, or a member of his family, continues to be in receipt of disability working allowance or family credit, as the case may be.

(2) In this regulation, “disability working allowance” and “family credit” shall continue to have the meaning given to them in the 1997 Regulations or the 1986 Regulations, as the case may be, immediately before the coming into force of these Regulations.