The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

Payments to suppliers for replacement or repair S

18.— [F1 (1) Subject to paragraph (2B), the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has used the voucher in accordance with regulation 17; and

(b) the conditions specified in paragraph (2) are fulfilled.]

(2) The conditions referred to in paragraph (1) [F2 (b)] are that–

(a) the patient has signed the declarations and undertaking referred to in regulation 16(4) and acknowledged on the voucher that the optical appliance has been replaced or repaired; and

(b) the supplier has–

[F3 (i) made and kept a written record of the replacement or repair, including—

(aa) a description of the loss or damage;

(bb) the nature of any repair including details of any parts replaced;

(cc) the date on which the patient signed the declarations and undertaking referred to in regulation 16(4); and

(dd) the date of the replacement or repair;]

[F4 (aii) issued to the patient a receipt for any money received from them;]

(ii) obtained any prior approval required by regulation 16(6);

(iii) made a claim for payment [F5 by means of electronic communication in accordance with paragraph (2A)] to the responsible authority within the period of three months beginning with the date of the replacement or repair of the optical appliance; and

(iv) where the person has shown a notice of entitlement to him informed the responsible authority of the amount of the patient’s contribution, if any.

[F6 (2A) A claim [F7 as mentioned in paragraph (2)(b)(iii) must]—

(a) be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

(b) confirm the amount of contribution referred to in paragraph (2)(b)(iv), if any; and

(c) contain the personal identification number that has been allocated to the supplier by the responsible authority.]

[F8 (2B) Where a voucher has been issued by a Health Board, the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has used the voucher in accordance with regulation 17; and

(b) the conditions specified in paragraph (2C) are fulfilled.

(2C) The conditions referred to in paragraph (2B)(b) are that—

(a) the patient has signed the declarations and undertaking referred to in regulation 16(4) and acknowledged on the voucher that the optical appliance has been replaced or repaired; and

(b) the supplier has—

(i) made and kept a written record of the replacement or repair, including—

(aa) a description of the loss or damage;

(bb) the nature of any repair including details of any parts replaced;

(cc) the date on which the patient signed the declarations and undertaking referred to in regulation 16(4); and

(dd) the date of the replacement or repair;

(ii) issued to the patient a receipt for any money received from them;

(iii) obtained any prior approval required by regulation 16(6);

(iv) made a claim for payment either by means of electronic communication in accordance with paragraph (2D) or on a duly completed voucher to the responsible authority within the period of three months beginning with the date of the replacement or repair of the optical appliance; and

(v) where the person has shown a notice of entitlement to the supplier, informed the responsible authority of the amount of the patient’s contribution, if any.

(2D) A claim as mentioned in paragraph (2C)(b)(iv) which is made by means of electronic communication must—

(a) be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

(b) confirm the amount of contribution referred to in paragraph (2C)(b)(v), if any; and

(c) contain the personal identification number that has been allocated to the supplier by the responsible authority.]

[F9 (3) The responsible authority shall also make a payment, to be determined by the Scottish Ministers, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 16(2) or (3).]

Textual Amendments

F1 Reg. 18(1) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(a)

F2 Word in reg. 18(2) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(b)(i)

F3 Reg. 18(2)(b)(i) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(b)(ii) (with reg. 12)

F4 Reg. 18(2)(aii)(b) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(b)(iii)

F5 Words in reg. 18(2)(b)(iii) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(b)(iv)

F6 Reg. 18(2A) inserted (1.7.2015) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/219), regs. 1, 2(4)(b)

F7 Words in reg. 18(2A) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(c)

F8 Reg. 18(2B)-(2D) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 8(d)

F9 Reg. 18(3) inserted (1.5.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(c), 7

Commencement Information

I1 Reg. 18 in force at 1.4.1998, see reg. 1(1)