The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2009

Made: 5th August 2009

Laid before the Scottish Parliament: 6th August 2009

Coming into force: 7th August 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections70(1), 73(a), 74(a), 105(7) and 108(1) of, and by paragraphs2 and 2A of Schedule11 to, the National Health Service (Scotland) Act 1978[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 2009 and come into force on 7thAugust 2009.

• (2) In these Regulations “the principal Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998[^f00002].

Amendment of the principal Regulations

2

• (1) The principal Regulations are amended as follows.

• (2) After Regulation8(2) insert—

(8(2A)) (1) A person described in paragraph(2) is prescribed as being a person for whom payments are to be made by the Health Board for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight under the Act. (2) A person referred to in paragraph(1) is a person who at the time of the payment for the supply of an optical appliance on or after 6thApril 2009, is a member of a family— (i) which satisfies the criteria specified in regulation8(3)(k)(i); and (ii) where the relevant income of the person or persons to whom an award of tax credit was made under section14 of the Tax Credits Act 2002[^f00003] is determined at the time of the award to exceed £15,050, but not to exceed £15,276. (3) A person prescribed in paragraph(1) is an eligible person for the purposes of PartsIV and V

• (3) In regulation 8(4)(c)[^f00004] (circumstances where a person’s resources are treated as less than his requirements), after “and (l)” insert “, and 8(2A)”.

• (4) In regulation 12(6)(a)[^f00005] (use of vouchers for the supply of optical appliances) for “or(d)”, substitute “or (d), or (2A)”.

• (5) In regulation 12A(1)[^f00006] (notice of entitlement), after “8(3)(k)” insert “or 8(2A)”.

• (6) In regulation 15(1)[^f00007] (eligibility – replacement or repair)—

• (a) in sub‑paragraph (b) for “or (e)” substitute, “or (e), or sub‑paragraph (c) of this paragraph”; and

• (b) after sub‑paragraph (b) insert—

(c) a person referred to in sub paragraph (b) includes a person who at the time of the payment for the replacement or repair on or after 6th April 2009 is a member of a family described in regulation 8(2A)(2).

• (7) In regulation 16(2)(a) and (3)(a)[^f00008] (completion of vouchers for replacement or repair) for “or (d)”, substitute “or (d), or (2A)”.

• (8) In regulation20(1) (payments to patients in respect of the supply, replacement or repair of optical appliances) after “8(2)” insert “,8(2A)”.

• (9) In regulation20(2) (payments to patients in respect of the supply, replacement or repair of optical appliances), for “or (d)”, substitute “or (d), or (2A)”.

Signed

ALEX NEIL — Authorised to sign by the Scottish Ministers — 5th August 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations1998 (“theprincipal Regulations”) which provide for payments to be made by means of a voucher system, in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances.

Regulation2(2) inserts a new regulation8(2A) to prescribe an additional category of person to whom payments are to be made by a Health Board for the supply of an optical appliance. This category is a person who at the time of the payment for the supply of an optical appliance on or after 6thApril 2009 is a member of a family one member of which is receiving working tax credit and child tax credit; or working tax credit which includes a disability element or severe disability element; or child tax credit but is not eligible for workers tax credit, but in each case only where the relevant income of the person or persons to whom an award of a tax credit was made under section14 of the Tax Credits Act 2002 was determined at the time of the award to exceed £15,050, but not to exceed £15,276.

Regulations 2(3), 2(4) and 2(5) amend regulations 8(4)(c), 12(6)(a) and 12A(1) respectively to include references to regulation 8(2A).

Regulation 2(6) amends regulation 15(1)(b) to include the additional category of persons in those who are eligible for a payment in respect of the replacement or repair of an optical appliance.

Regulations2(7), 2(8) and 2(9) amend regulations16(2)(a) and (3)(a), 20(1) and 20(2) of the principal Regulations to include a reference to the new regulation8(2A).

Footnotes

[^f00001]: 1978 c.29; section70(1) was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”), Schedule3 and the Smoking, Health and Social Care (Scotland) Act 2005 (asp13) (“the 2005 Act”), section14; section105(7) was amended by the Health Services Act 1980 (c.53), Schedule6, paragraph5(1) and Schedule7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule9, PartI, paragraph24 and the Health Act 1999 (c.8), Schedule4, paragraph60; section108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made; paragraph2(1) of Schedule11 was substituted by the 1988 Act, Schedule2, paragraph15(1), and paragraph2A of Schedule11 was inserted by the Health and Social Security Act 1984 (c.48), Schedule1, PartII, paragraph7 and amended by the 1988 Act, section13(2) and (5) and the 2005 Act, section13(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1998/642; amended by S.I. 1999/748 and S.S.I. 1999/64, 2000/45 and 395, 2001/88, 2002/17, 86 and 224, 2003/218 and 431, 2004/97 and 168, 2005/119, 2006/138, 2007/192, 2008/106 and 289 and 2009/86.

[^f00003]: 2002 c.21.

[^f00004]: Regulation8(4)(2) was substituted by S.S.I.2003/218.

[^f00005]: Regulation 12(6) was inserted by S.S.I.2001/88.

[^f00006]: Regulation12A was inserted by S.S.I.2003/218 and amended by S.S.I.2006/138.

[^f00007]: Regulation15(1)(b) was amended by S.S.I.2000/45.

[^f00008]: Regulation 16(2) and (3) were inserted by S.S.I.2001/88.