National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003

• Citation: S.I. 2003/657
• Sections: 10

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003.

(2) Subject to paragraph (3), these Regulations shall come into force on 1st April 2003.

(3) Regulations 2 to 4 and 8 to 10 shall come into force on 6th April 2003.

(4) In these Regulations—

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

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

(5) These Regulations apply to England only.

Section 2 Amendment of regulation 1 of the Optical Regulations

In regulation 1 of the Optical Regulations (citation, commencement and interpretation), in sub-paragraph (2)—

(a) after the definition of “child”, there is inserted—

“child tax credit” means child tax credit under the Tax Credits Act 2002 ;

(b) after the definition of “complex appliance”, there is inserted—

“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;

(c) after the definition of “the 1989 regulations”, there is inserted—

“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;

(d) after the definition of “voucher”, there is inserted—

“working tax credit” means working tax credit under the Tax Credits Act 2002.

(e) the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.

Section 3 Amendment of regulation 8 of the Optical Regulations

(1) Regulation 8 of the Optical Regulations (eligibility—supply of optical appliances) is amended as follows.

(2) In paragraph (3)—

(a) at the end there is added—

(l) he is a member of a family—

(i) one member of which is receiving—

(aa) working tax credit and child tax credit;

(bb) working tax credit which includes a disability element; or

(cc) child tax credit, but is not eligible for working tax credit; and

(ii) where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or

(m) he is a member of a family, in respect of whom there is a current notice of entitlement under regulation 12A.

(b) sub-paragraphs (c), (d), (g) and (h) are omitted.

(3) For paragraph (4) there is substituted—

(4) In paragraph —

(a) in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 , as it applies to income support;

(b) in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 1995 ; and

(c) in sub-paragraphs (1) and (m), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 .

Section 4 New regulation 12A inserted into the Optical Regulations

After regulation 12 of the Optical Regulations (use of vouchers for supply of optical appliances), there is inserted—

(12A)

(1) Where a person is entitled to the payment of, or contribution towards, the cost incurred for the supply of an optical appliance because he is a member of a family described in regulation 8(3)(1), the Secretary of State shall issue a notice of entitlement to that family.

(2) Such a notice of entitlement shall apply to—

(a) any family member who is named in the notice of entitlement; and

(b) any other member of such a person’s family.

(3) A notice of entitlement issued under paragraph (1) shall be effective—

(a) from such date; and

(b) for such period,

as the Secretary of State may determine.

(4) Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.

Section 5 Amendment of regulation 19 of the Optical Regulations

In regulation 19 of the Optical Regulations (redemption value of voucher for replacement or repair)—

(a) in paragraph (1)(b) for “£44.60” there is substituted “£45.70”; and

(b) in paragraph (3) for “£11.50” there is substituted “£11.80”.

Section 6 Amendment of the Schedules to the Optical Regulations

(1) In Schedule 1 to the Optical Regulations (voucher letter codes and face values—supply and replacement), 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) In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a) in paragraph 1(1)(a) for “£9.90” there is substituted “£10.10”;

(b) in paragraph 1(1)(b) for “£11.90” there is substituted “£12.20”;

(c) in paragraph 1(1)(c) for “£3.30” there is substituted “£3.40”;

(d) in paragraph 1(1)(d) for “£3.80” there is substituted “£3.90”;

(e) in paragraph 1(1)(e)—

(i) for “£50.20” there is substituted “£51.50”,

(ii) for “£44.60” there is substituted “£45.70”, and

(iii) for “£24.20” there is substituted “£24.80”;

(f) in paragraph 1(1)(g) for “£50.20” there is substituted “£51.50”;

(g) in paragraph 2(a) for “£10.70” there is substituted “£11.00”; and

(h) in paragraph 2(b) for “£27.00” there is substituted “£27.70”.

(3) For Schedule 3 to the Optical Regulations (voucher values—repair), there is substituted the Schedule 3 set out in the Schedule to these Regulations.

Section 7 Application of Regulations 5 and 6

The amendments made in regulations 5 and 6 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2003.

Section 8 Amendment of regulation 2 of the Ophthalmic Regulations

In regulation 2 of the Ophthalmic Regulations (interpretation), in sub-paragraph (1)—

(a) after the definition of “capital limit”, there is inserted—

“child tax credit” means child tax credit under the Tax Credits Act 2002 ;

(b) after the definition of “director”, there is inserted—

“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;

(c) after the definition of “qualifications”, there is inserted—

“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;

(d) in the definition of “notice of entitlement” after “regulation 7” there is inserted “or 7ZA”;

(e) after the definition of “the Tribunal”, there is inserted—

“working tax credit” means working tax credit under the Tax Credits Act 2002.

(f) the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.

Section 9 Amendment of regulation 13 of the Ophthalmic Regulations

(1) Regulation 13 of the Ophthalmic Regulations (sight tests—eligibility) is amended as follows.

(2) In paragraph (2)—

(a) at the end there is added—

(l) he is a member of a family—

(i) one member of which is receiving—

(aa) working tax credit and child tax credit,

(bb) working tax credit which includes a disability element, or

(cc) child tax credit, but is not eligible for working tax credit, and

(ii) where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or

(m) he is a person in respect of whom there is a current notice of entitlement.

(b) sub-paragraphs (c), (d), (g) and (h) are omitted.

(3) For paragraph (3) there is substituted—

(3) In paragraph (2)—

(a) in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 , as it applies to income support;

(b) in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 1995 ; and

(c) in sub-paragraph (l), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 .

Section 10

(1) Until 31st July 2003, notwithstanding the revocation of regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations, any person who, immediately before the coming into force of regulations 2 to 4 of these Regulations, was an eligible person under regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations shall continue to be an eligible person for the purposes of Parts IV and V of the Optical Regulations.

(2) Until 31st July 2003, notwithstanding the revocation of regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations, any person who, immediately before the coming into force of regulation 8 and 9 of these Regulations, was an eligible person under regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations shall continue to be an eligible person.