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

• Citation: S.I. 1999/609
• Sections: 21

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1999 and shall come into force on 1st April 1999.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1 of the principal Regulations (interpretation)–

(a) in paragraph (2), in the definition of “ NHS sight test fee”, for the amount “£39.04” substitute “£40.33” and for the amount “£14.10” substitute “£14.57”;

(b) in paragraph (2), for the definition “small glasses” substitute–

“small glasses” means glasses–

prescribed for a child who is under the age of 7 years at the date of issue of a voucher relating to those glasses where the voucher is issued on the same occasion as the prescription relating to those glasses is issued;

having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and

having a boxed centre distance of no more than 55 millimetres, and for this purpose “box centre” is to be construed in accordance with Part 1 of British Standard 3521/91 (Terms relating to ophthalmic optics and spectacles frames) published by the British Standards Institution as effective immediately before 8th March 1999;

(c) in sub-paragraph (b) of paragraph (3), before the word “where” insert the words “subject to sub-paragraph (bb),”;

(d) after sub-paragraph (b) of paragraph (3), insert the following sub-paragraph–

(bb) where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and

Section 3 Amendment of regulation 8 of the principal Regulations

In regulation 8(2) of the principal Regulations (eligibility—supply of optical appliances), after the words “at the time of” insert the words “the payment for”.

Section 4 Amendment of regulation 9 of the principal Regulations

In regulation 9 of the principal Regulations (issue of vouchers by ophthalmic medical practitioners or opticians)–

(a) after paragraph (1) insert the following paragraphs–

(1A) Where–

(a) a patient has been supplied with an optical device following a testing of sight under the Ophthalmic Services Regulations or otherwise;

(b) the patient has indicated that he is an eligible person; and

(c) the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–

(i) the prescription relating to the patient’s existing optical appliance is unchanged; and

(ii) the patient requires a new optical appliance because his existing appliance has been rendered unserviceable by fair wear and tear,

the ophthalmic medical practitioner or optician may issue to the patient, in accordance with paragraph (2), a voucher relating to the optical appliance prescribed by the prescription.

(1B) Where–

(a) a patient has been issued with a prescription following a testing of sight under the Ophthalmic Services Regulations or otherwise;

(b) the patient has indicated that, following the issue of the prescription, he has become an eligible person; and

(c) an ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–

(i) no voucher has been issued in respect of the prescription; and

(ii) the prescription is unchanged,

the ophthalmic medical practitioner or optician may issue to the patient a voucher relating to the optical appliance prescribed by the prescription.

(b) In paragraph (5), after the word “Unless” insert the words “paragraph (1A) or”.

Section 5 Amendment of regulation 11 of the principal Regulations

For regulation 11 of the principal Regulations (issue of replacement vouchers by health authorities or NHS trusts) substitute the following regulation–

Issue of replacement vouchers by Health Authorities or NHS trusts

(11) Where, on an application by a patient within 2 years of a voucher having been issued to him under regulation 9(1) or 10(1), a Health Authority or NHS trust is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may authorise an ophthalmic medical practitioner or optician to issue to the patient a replacement voucher completed in accordance with regulation 9(2)(a) and (b) or 10(2)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.

Section 6 Amendment of regulation 12 of the principal Regulations

In regulation 12(1) of the principal Regulations (use of vouchers for supply of optical appliances), for “6 months” substitute “2 years”.

Section 7 Amendment of regulation 13 of the principal Regulations

In regulation 13 of the principal Regulations (payments to suppliers), in paragraph (2)(b), for “21(1)” substitute “27(1)”.

Section 8 Amendment of regulation 19 of the principal Regulations

In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair)–

(a) in paragraph (1)(b), for “£40.90” substitute “£42.00”; and

(b) in paragraph (3), for “£10.50” substitute “£10.80”.

Section 9 Amendment of regulation 20 of the principal Regulations

In regulation 20 of the principal Regulations (payments to patients in respect of the supply, replacement or repair of optical appliances)–

(a) in paragraph (1), for “(15)(1)” substitute “15(1)”;

(b) in paragraph (3)–

(i) before the words “Any such claim” insert the words “Subject to paragraph (3A),”;

(ii) after the words “after the date of” insert the words “payment for”;

(c) after paragraph (3), insert the following paragraph–

(3A) Where a patient pays by instalments for the supply, replacement or repair of an optical appliance, any claim he makes under paragraph (2)(a) or (b) must be made within three months after the date of payment of the first instalment.

(d) in paragraph (5), before the words “Where the Secretary of State” insert the words “Subject to paragraph (7),”;

(e) in paragraph (6), before the words “Where the responsible authority” insert the words “Subject to paragraph (7),”;

(f) after paragraph (6), add the following paragraph–

(7) Where the responsible authority makes a payment under paragraph (5) or (6) to a patient who pays by instalments for the supply, replacement or repair of an optical appliance, that payment shall be made as soon as reasonably practicable after the date on which the total value of the instalments paid becomes equal to or greater than the redemption value of the voucher which could have been completed under regulation 9, 10 or 16 if the patient had satisfied the requirements of regulation 9(1), 10(1) or 16(4) as the case may be.

Section 10 Amendment of the Schedules to the principal Regulations

(1) For Schedule 1 to the principal Regulations (voucher letter codes and face values—supply and replacement), substitute the Schedule 1 set out in Part I of the Schedule to these Regulations.

(2) In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)–

(a) in paragraph 1(1)(a) (prism—single vision lens), for “£5.40” substitute “£6.00”;

(b) in paragraph 1(1)(b) (prism—other lens), for “£6.70” substitute “£6.90”;

(c) in paragraph 1(1)(c) (single vision tinted lens), for “£2.90” substitute “£3.00”, and after the word “tinted” insert the words “or photochromic”;

(d) in paragraph 1(1)(d) (other tinted lens), for “£3.40” substitute “£3.50”, and after the word “tinted” insert the words “or photochromic”;

(e) in paragraph 1(1)(e) (small glasses), for “£46.10” substitute “£47.30”, for “£40.90” substitute “£42.00”, and for “£22.10” substitute “£22.70”;

(f) in paragraph 1(1)(g) (specially manufactured frames), for “£46.10” substitute “£47.30”;

(g) in paragraph 2(a) (minimum complex appliance payment—single vision lenses), for “£4.60” substitute “£10.00”;

(h) in paragraph 2(b) (minimum complex appliance payment—other lenses), for “£24.80” substitute “£25.40”.

(3) For Schedule 3 to the principal Regulations (voucher values—repair), substitute the Schedule 3 set out in Part II of the Schedule to these Regulations.

Section 11 Revocation

In paragraph 1 of Schedule 2 to the principal Regulations–

(a) sub-paragraph (1)(f) is hereby revoked; and

(b) in sub-paragraph (2), “, (f)” shall be omitted.

Section 1

Glasses with single vision lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.

Section 2

Glasses with single vision lenses–

(a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres;

(b) of a spherical power of less than 10 dioptres with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.

Section 3

Glasses with single vision lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres.

Section 4

Glasses with single vision lenses–

(a) of a spherical power of more than 14 dioptres with any cylindrical power;

(b) of a cylindrical power of more than 6 dioptres with any spherical power.

Section 5

Glasses with bifocal lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.

Section 6

Glasses with bifocal lenses–

(a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres;

(b) of a spherical power less than 10 dioptres with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.

Section 7

Glasses with bifocal lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres;

Section 8

Glasses with prism-controlled bifocal lenses of any power or with bifocal lenses–

(a) of a spherical power of more than 14 dioptres with any cylindrical power;

(b) with a cylindrical power of more than 6 dioptres with any spherical power.

Section 9

Glasses not falling within any of paragraphs 1 to 8 for which a prescription is given in consequence of a testing of sight by an NHS trust.

Section 10

Contact lenses for which a prescription is given in consequence of a testing of sight by an NHS trust.