The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008

• Citation: S.I. 2008/1697
• Sections: 5

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008 and shall come into force on 1 st August 2008, except for regulations 3 and 4 which shall come into force on 27 th October 2008.

(2) These Regulations apply in relation to England.

(3) In these Regulations—

“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;

“the Income Support Regulations ” means the means the Income Support (General) Regulations 1987 ;

“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .

Section 2 Amendment of regulation 2 of the Charges Regulations

In regulation 2 of the Charges Regulations (interpretation), in paragraph (1)—

(a) after the definition of “Nursing and Midwifery Register” insert—

“optometrist independent prescriber” means a person—

who is registered in the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989 ; and

against whose name in that register is recorded an annotation that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;

(b) in the definition of “prescriber”, after “pharmacist independent prescriber,” insert “optometrist independent prescriber,”.

Section 3 Amendment of regulation 2 of the Travel Expenses and Remission of Charges Regulations

(1) Regulation 2 of the Travel Expenses and Remission of Charges Regulations (interpretation) is amended as follows.

(2) In the definition of “family”, after sub-paragraph (a), insert—

(aa) in regulation 5(1)(cc), in relation to a person who is receiving income-related employment and support allowance it has the meaning given in regulation 2 of the Employment and Support Allowance Regulations 2008 ,

(3) After the definition of “income-based jobseeker’s allowance” insert—

“income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 ;

Section 4 Amendment of regulation 5 of the Travel Expenses and Remission of Charges Regulations

In regulation 5 of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment), in paragraph (1)—

(a) after sub-paragraph (c) insert—

(cc) he is receiving income-related employment and support allowance;

(b) in sub-paragraph (d), after “income based jobseeker’s allowance” insert “, income-related employment and support allowance”.

Section 5 Modifications of the Income Support Regulations in Schedule 1 to the Travel Expenses and Remission of Charges Regulations

(1) Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of the Income Support (General) Regulations 1987) is amended as follows.

(2) In Table A, in the modifications of regulation 66A of the Income Support Regulations (treatment of student loans), in the first entry, for “Guide to Student Support issued by the Student Awards Agency for Scotland 2007-2008” substitute “Guide to Student Support issued by the Student Awards Agency for Scotland 2008-2009 ”.