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

PART I S GENERAL

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 and shall come into force on 1st April 1998.

(2) In these Regulations, unless the context otherwise requires–

“the Act” means the National Health Service (Scotland) Act 1978;

[F1 “the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;]

[F2 “amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or working families' tax credit, as the case may be, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992 as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;]

“capital limit” means the amount prescribed for the purposes of section 134(1) of the Social Security Contributions and Benefits Act 1992(1) as it applies to income support;

“child” means a person who is under the age of 16 years;

“complex appliance” means an optical appliance at least one lens of which–

(a)

has a power in any one meridian of plus or minus 10 or more dioptres, or

(b)

is a prism-controlled bifocal lens;

[F3 “disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;]

“eligible person” is to be construed–

(a)

for the purposes of Part III, in accordance with regulation 3(2);

(b)

for the purposes of Parts IV and V, in accordance with regulation 8(2) to (5);

“face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 3;

F4 ...

“income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995(2);

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;

“Health Board” means a Health Board constituted under section 2 of the Act;

“minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 3;

“NHS sight test fee” means, in relation to a testing of a patient’s sight carried out either by an ophthalmic medical practitioner or by an optician–

(a)

at a place where the patient normally resides, an amount of [F5 £42.79]; or

(b)

in any other case, an amount of [F6 £15.46];

“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;

“ophthalmic list” means a list, prepared and published pursuant to regulations made under section 26(2) of the Act of medical practitioners and opticians who undertake to provide general ophthalmic services(3);

“Ophthalmic Services Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986(4);

“optician” means an ophthalmic optician;

“patient” means a person whose sight has been tested whether under the Act or otherwise;

“patient’s contribution” is to be construed as follows–

(a)

for the purposes of Parts III, IV and V, where a patient’s resources are less than his requirements, the contribution shall be nil;

(b)

for the purposes of Part III, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to that excess;

(c)

for the purposes of Parts IV and V, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to twice that excess;

“patient’s resources” means a person’s resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations;

“redemption value” is to be construed–

(a)

for the purposes of Part III, in accordance with regulation 7;

(b)

for the purposes of Part IV, in accordance with regulation 14;

(c)

for the purposes of Part V, in accordance with regulation 19;

“the 1989 Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989(5);

“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(6) and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;

“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F7 “responsible authority” means–

(a)

in relation to–

(i)

a voucher completed pursuant to Part III, the Health Board for the area in which the testing of sight takes place;

(ii)

a payment made pursuant to Part III, the Agency;

(b)

in relation to a voucher issued or completed pursuant to Part IV, otherwise than by an NHS trust, the Health Board for the area in which the supply of the optical appliance to which it relates takes or is to take place, except in regulation 13 where it means the Agency;

(c)

in relation to a voucher issued or completed pursuant to Part IV by an NHS trust, the Health Board in whose area the patient resides, except in regulation 13 where it means the Agency;

(d)

in relation to a voucher issued or completed pursuant to Part V, otherwise than by an NHS trust, the Health Board for the area in which the replacement or repair of the optical appliance to which it relates takes or is to take place, except in regulations 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

(e)

in relation to a voucher issued or completed pursuant to Part V by an NHS trust, the Health Board in whose area the patient resides, except in regulations 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

(f)

in relation to a payment made pursuant to Part VI, otherwise than by an NHS trust, the Health Board for the area in which the supply, replacement or repair of the optical appliance to which it relates took place, except in regulation 20(3), (4), (5), (6) and (7) where it means the Agency;

(g)

in relation to a payment made pursuant to Part VI by an NHS trust, the Health Board in whose area the patient resides, except in regulation 20(3), (4), (5), (6) and (7) where it means the Agency.]

[F8 “small glasses” means glasses–

(a)

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;

(b)

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

(c)

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 spectacle frames) published by the British Standards Institution as effective immediately before 9th March 1999;]

“supplier” includes a person replacing or repairing an optical appliance;

“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F9 “working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;]

[F10 “voucher” for the purpose of enabling a payment to be made under these Regulations means–

(a)

in Part III, a voucher form supplied by the Health Board to those whose names are included in its ophthalmic list;

(b)

in Part IV, a voucher form supplied–

(i)

where a testing of sight is carried out otherwise than by an NHS trust, by the Health Board to the person who carries it out;

(ii)

where a testing of sight is carried out by an NHS trust, by the NHS trust;

(c)

in Part V, a voucher form supplied to the supplier by the Health Board.]

(3) For the purposes of Schedule 1–

(a) where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and

(b) [F11 subject to sub-paragraph (bb),] where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight; and

[F12 (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]

(c) a monocle shall be treated as though it were glasses.

[F13 (3A) A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of the [F14 Health Board.]]

(4) In these Regulations, unless the context otherwise requires, a reference–

(a) to a numbered regulation, Part or Schedule is to the regulation in, Part of, or Schedule to, these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c) in Schedule 1 to a numbered paragraph is to the paragraph in column 1 in that Schedule bearing that number.

Textual Amendments

F1 Words in reg. 1(2) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 3(a)(i)

F2 Words in reg. 1(2) inserted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(a) (with reg. 10)

F3 Words in reg. 1(2) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(b) (with reg. 10)

F4 Words in reg. 1(2) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(c) (with reg. 10)

F5 Sum in reg. 1(2) substituted (1.12.2000) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/395), regs. 1(1), 2(a)

F6 Sum in reg. 1(2) substituted (1.12.2000) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/395), regs. 1(1), 2(b)

F7 Words in reg. 1(2) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(e) (with reg. 10)

F8 Words in reg. 1(2) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 3(a)(iv)

F9 Words in reg. 1(2) inserted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(d) (with reg. 10)

F10 Words in reg. 1(2) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(2)(f) (with reg. 10)

F11 Words in reg. 1(3)(b) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 3(b)

F12 Reg. 1(3)(bb) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 3(c)

F13 Reg. 1(3A) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 3(d)

F14 Words in reg. 1(3A) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 3(3) (with reg. 10)

Commencement Information

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

PART II S CHARGES

Charges for glasses and contact lenses S

2.—(1) A charge of such sum as may be determined by or in accordance with directions given by the Secretary of State shall be made and recovered in accordance with paragraph (2) in respect of the supply of glasses and contact lenses under the Act.

(2) Where a charge is payable by virtue of paragraph (1) the F15 ... NHS trust, or other person on its behalf, that supplies or is to supply the glasses or contact lenses may–

(a) on arranging to supply the glasses or contact lenses, make the charge; and

(b) on supplying the glasses or contact lenses or having them available for supply, recover the charge from the patient (if it has not previously been paid).

Textual Amendments

F15 Words in reg. 2(2) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 4 (with reg. 10)

Commencement Information

I2 Reg. 2 in force at 1.4.1998, see reg. 1(1)

PART III S PAYMENTS TOWARDS FOR COST OF SIGHT TESTS

Eligibility – sight tests S

3.—(1) A payment shall be made as provided for by this Part of these Regulations to contribute to the cost of a testing of sight which the responsible authority accepts as having been incurred by an eligible person.

(2) An eligible person is a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, exceed his requirements as so calculated, but whose patient’s contribution does not exceed the NHS sight test fee and whose capital resources as so calculated do not exceed the capital limit.

Commencement Information

I3 Reg. 3 in force at 1.4.1998, see reg. 1(1)

Completion and use of voucher – sight tests S

4.—(1) A person who wishes a payment to be made by virtue of this regulation in his case shall–

(a) apply to the Secretary of State for a notice of entitlement;

(b) apply for his sight to be tested by an ophthalmic medical practitioner or optician whose name is included in an ophthalmic list;

(c) indicate to that practitioner or optician that he is an eligible person at the time of the application; and

(d) show to him a current notice of entitlement and permit him to copy such details as may be required for the purposes of regulation 5(2)(b)(ii).

(2) The ophthalmic medical practitioner or optician may then duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of testing of sight.

(3) The person whose sight is or is to be tested shall sign on the voucher a declaration in writing to the effect that he is an eligible person.

(4) The ophthalmic medical practitioner or optician may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being part of the cost incurred for the testing of sight.

Commencement Information

I4 Reg. 4 in force at 1.4.1998, see reg. 1(1)

Payments to sight testers S

5.—(1) The responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of the voucher’s redemption value to an ophthalmic medical practitioner or optician who has used a voucher in accordance with regulation 4(4).

(2) The conditions specified in paragraph (1) are that–

(a) the patient has signed the declaration referred to in regulation 4(3);

(b) the ophthalmic medical practitioner or optician has–

(i) made a claim for a payment on a duly completed voucher to the responsible authority within the period of three months beginning with the date of the testing of sight, and

(ii) informed the responsible authority of the amount of the patient’s contribution.

Commencement Information

I5 Reg. 5 in force at 1.4.1998, see reg. 1(1)

Payments to patients in respect of sight tests S

6.—(1) A payment may be made under this regulation by the responsible authority to an eligible person who incurs the cost of a testing of sight by an ophthalmic medical practitioner or optician whose name is included in an ophthalmic list, without a voucher being completed in accordance with regulation 4.

(2) A patient who wishes to receive a payment under this regulation must–

(a) make a claim to the Secretary of State for a payment within three months after the date of the sight test, or within such further period as the Secretary of State may for good cause allow, and that claim must be made on a form provided by or on behalf of the Secretary of State for that purpose; and

(b) produce such evidence as the Secretary of State may reasonably require in support of the claim including the receipt for any fee paid for the testing of sight.

(3) Where the Secretary of State is satisfied that the patient is entitled to a payment under paragraph (1) he shall authorise in writing the payment of the amount in question to the patient by the responsible authority.

(4) On receipt of an authorisation under paragraph (3) the responsible authority shall make a payment to the patient of an amount equal to the redemption value of the voucher which could have been completed under regulation 4 if the patient had satisfied the requirements of regulation 4(1).

Commencement Information

I6 Reg. 6 in force at 1.4.1998, see reg. 1(1)

Redemption value of voucher for sight tests S

7.  For the purposes of this Part of these Regulations the redemption value of a voucher is the amount, if any, by which the patient’s contribution falls short of the lesser of–

(a) the NHS sight test fee; or

(b) the full cost which would have been incurred by the patient for the sight test but for these Regulations.

Commencement Information

I7 Reg. 7 in force at 1.4.1998, see reg. 1(1)

PART IV S PAYMENTS FOR COST OF SUPPLY OF OPTICAL APPLIANCES

Eligibility – supply of optical appliances S

8.—(1) A payment shall be made as provided for by this Part of these Regulations to meet, or to contribute towards, the cost incurred (whether by way of charge under the Act or otherwise) for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight of an eligible person–

(a) which took place under the Act; or

(b) which took place otherwise than under the Act F16 ....

(2) An eligible person is a person who at the time of [F17 the payment for] the supply of the optical appliance is any of the following:–

(a) a child;

(b) a person under the age of 19 years and receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 11 to the Act(7);

(c) a person whose resources are treated, in accordance with paragraph (3), as being less than his requirements;

(d) a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under this Part of these Regulations and whose capital resources do not exceed the capital limit;

(e) a person to whom a prescription is issued for a complex appliance.

(3) A person’s resources shall be treated as being less than his requirements if–

(a) he is in receipt of income support;

(b) he is a member of the same family as a person who is in receipt of income support;

[F18 (c) he is in receipt of working families' tax credit with an amount withdrawn of [F19 £71] or less;]

[F20 (d) he is a member of the same family as a person who is in receipt of working families' tax credit with an amount withdrawn of [F21 £71] or less;]

(e) his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit;

(f) he is a member of the same family as a person described in paragraph (e) of this paragraph;

[F22 (g) he is in receipt of disabled person’s tax credit with an amount withdrawn of [F23 £71] or less;]

(h) he is a member of the same family as a person described in sub-paragraph (g) of this paragraph;

(i) he is in receipt of an income-based jobseeker’s allowance; or

(j) he is a member of the same family as a person described in sub-paragraph (i) of this paragraph.

(4) In paragraph (3), “family” (in references to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992–

(a) as it applies to income support(8), in the case of paragraph (3)(b) and (f);

(b) as it applies to [F24 working families' tax credit, ] in the case of paragraph (3)(d); and

(c) as it applies to [F25 disabled person’s tax credit;] in the case of paragraph (3)(h),

and has the meaning given to it by section 35 of the Jobseekers Act 1995(9) in the case of paragraph (3)(j).

(5) For the purposes of regulation 10 and other provisions of this Part as they apply to payments where the testing of sight was by or on behalf of [F26 an] NHS trust, a person is also an eligible person if, because of the frequency with which the condition of his eyes changes, he is considered by the F27 ... NHS trust to be non-tolerant of his existing optical appliance.

Textual Amendments

F16 Words in reg. 8(1)(b) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(a) (with reg. 10)

F17 Words in reg. 8(2) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 4

F18 Reg. 8(3)(c) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(b) (with reg. 10)

F19 Sum in reg. 8(3)(c) substituted (10.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2), 3

F20 Reg. 8(3)(d) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(c) (with reg. 10)

F21 Sum in reg. 8(3)(d) substituted (10.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2), 3

F22 Reg. 8(3)(g) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(d) (with reg. 10)

F23 Sum in reg. 8(3)(g) substituted (10.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2), 3

F24 Words in reg. 8(4)(b) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(e) (with reg. 10)

F25 Words in reg. 8(4)(c) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(f) (with reg. 10)

F26 Words in reg. 8(5) substituted (5.10.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(g)(i) (with reg. 10)

F27 Words in reg. 8(5) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 5(g)(ii) (with reg. 10)

Commencement Information

I8 Reg. 8 in force at 1.4.1998, see reg. 1(1)

Issue of vouchers by ophthalmic medical practitioners and opticians S

9.—(1) An ophthalmic medical practitioner or optician who, following a testing of sight under the Ophthalmic Services Regulations, issues a prescription for an optical appliance to a patient–

(a) who has indicated that he is an eligible person; or

(b) who (whether or not he has so indicated) is issued with a prescription for a complex appliance,

shall, in the circumstances described in paragraph (3) but subject to paragraph (4), issue to the patient a voucher relating to the optical appliance prescribed on the same occasion as he issues the prescription in accordance with paragraph 10(3) of Schedule 1 to the Ophthalmic Services Regulations.

[F28 (1A) Where–

(a) a patient has been supplied with an optical appliance 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.]

(2) The ophthalmic medical practitioner or optician issuing the voucher shall sign it and shall–

(a) mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule; and

(b) duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.

(3) The circumstances referred to in paragraph (1) are where the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and made such enquiry of the patient as he considers relevant, is satisfied that–

(a) the patient requires an optical appliance for the first time or an optical appliance pursuant to a prescription the particulars of which differ from those relating to his existing appliance; or

(b) the patient requires an optical appliance because his existing optical appliance has been rendered unserviceable by fair wear and tear.

(4) Where a patient requires an optical appliance pursuant to a prescription the particulars of which differ from those relating to his existing appliance only because the patient is non-tolerant of that appliance, and has been so since it was supplied to him, no voucher shall be issued unless the [F29 Agency] being satisfied that the prescription for that existing appliance was clinically correct, has authorised the issue of a voucher.

(5) Unless [F30 paragraph (1A) or] regulation 11 applies, not more than one voucher shall be issued to a patient in respect of any one optical appliance prescribed.

Textual Amendments

F28 Reg. 9(1A)(1B) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 5(a)

F29 Word in reg. 9(4) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 5(b)

F30 Words in reg. 9(5) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 5(c)

Commencement Information

I9 Reg. 9 in force at 1.4.1998, see reg. 1(1)

Issue of vouchers by F31 ... NHS trusts in connection with the hospital eye service S

10.—(1) Where, following a testing of sight, a prescription for an optical appliance is issued to a patient–

(a) who has indicated that he is an eligible person;

(b) who (whether or not he has so indicated) is issued with a prescription for a complex appliance; or

(c) who is an eligible person by virtue of regulation 8(5),

the F32 ... NHS Trust by or on behalf of which the patient’s sight was tested shall issue to the patient a voucher relating to the optical appliance prescribed.

(2) The F33 ... NHS trust issuing the voucher shall–

(a) mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule; and

(b) duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.

Textual Amendments

F31 Words in reg. 10 heading omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 6(a) (with reg. 10)

F32 Words in reg. 10(1) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 6(b) (with reg. 10)

F33 Words in reg. 10(2) omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 6(b) (with reg. 10)

Commencement Information

I10 Reg. 10 in force at 1.4.1998, see reg. 1(1)

[F34 Issue of replacement vouchers by the Agency, F35 ... or NHS trusts S

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), the AgencyF36 ... 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.]

Textual Amendments

F34 Reg. 11 substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 6

F35 Words in reg. 11 heading omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 7(a) (with reg. 10)

F36 Words in reg. 11 omitted (5.10.1999) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1999 (S.S.I. 1999/64), regs. 1, 7(b) (with reg. 10)

Commencement Information

I11 Reg. 11 in force at 1.4.1998, see reg. 1(1)

Use of vouchers for the supply of optical appliances S

12.—(1) Subject to paragraphs (4) [F37 , (5) and (6)], a patient to whom a voucher, duly completed in accordance with regulation 9, 10 or 11, has been issued may present it to a supplier who supplies or is to supply him with an optical appliance, provided that the arrangements for supply are made within [F38 2 years] of the date on which the voucher was issued.

(2) A supplier may accept the voucher in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the supply of an optical appliance.

(3) A voucher relating to glasses may be accepted in connection with the supply of contact lenses.

(4) Before presenting the voucher to the supplier the patient shall sign on the voucher–

(a) a declaration in writing to the effect that he is an eligible person indicating the grounds of his eligibility; and

(b) an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.

(5) A patient who is an eligible person only by virtue of regulation 8(2)(d) or by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall–

(a) before presenting the voucher to the supplier, apply to the Secretary of State for a notice of entitlement; and

(b) on the same occasion as he presents the supplier with a voucher in accordance with paragraph (1), show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 13(2)(c)(iii).

[F39 (6) When the patient presents the voucher–

(a) the supplier shall ask him to produce satisfactory evidence that he is an eligible person, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d) already has satisfactory evidence of entitlement available to him;

(b) if the patient has been asked for but, not produced satisfactory evidence of entitlement, the supplier shall record the fact on the voucher.]

Textual Amendments

F37 Words in reg. 12(1) substituted (10.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2), 4(a)

F38 Words in reg. 12(1) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 7

F39 Reg. 12(6) inserted (10.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2), 4(b)

Commencement Information

I12 Reg. 12 in force at 1.4.1998, see reg. 1(1)

Payments to suppliers S

13.—(1) Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has accepted the voucher from a patient in accordance with regulation 12.

(2) The conditions referred to in paragraph (1) are that–

(a) the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to him;

(b) the optical appliance is not sold or supplied in contravention of section [F40 27(1)] of the Optician’s Act 1989(10); and

(c) the supplier has–

(i) made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient;

(ii) made a claim for a payment on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance;

(iii) where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any; and

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 3, certified that the glasses supplied were small glasses.

Textual Amendments

F40 Word in reg. 13(2)(b) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 8

Commencement Information

I13 Reg. 13 in force at 1.4.1998, see reg. 1(1)

Redemption value of voucher for supply of optical appliances S

14.—(1) Where an optical appliance was supplied otherwise than under the Act the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of–

(a) the full cost which would have been payable by the patient for the supply but for this Part of these Regulations;

(b) the face value of the voucher.

(2) Where an optical appliance was supplied under the Act, the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of–

(a) the amount of the charge for the time being determined pursuant to regulation 2 which would have been payable by the patient for the supply but for this Part;

(b) the face value of the voucher.

(3) In relation to payments to be made because of a person’s eligibility by virtue of regulation 8(2)(d), the amounts taken for the purposes of paragraph (1)(a) and (b) or paragraph (2)(a) and (b) shall, subject to paragraph (4), be reduced by the patient’s contribution.

(4) If a reduction made under paragraph (3) in the case of a patient to whom a prescription was issued for a complex appliance would render the redemption value of the voucher less than the minimum complex appliance payment, that value shall be the minimum complex appliance payment.

(5) Where the patient was an eligible person only because a prescription was issued to him for a complex appliance, the redemption value of a voucher shall be the minimum complex appliance payment, except that where–

(a) the appliance was supplied under the Act; and

(b) in accordance with directions given pursuant to regulation 2(1), the amount of a charge made for the supply under section 70(1) of the Act would, but for any maximum charge specified in the directions, have exceeded by any amount the charge actually made,

the redemption value shall be reduced by the amount of the excess.

Commencement Information

I14 Reg. 14 in force at 1.4.1998, see reg. 1(1)

PART V S PAYMENTS FOR COST OF REPLACEMENT OR REPAIR OF OPTICAL APPLIANCES

Eligibility – replacement or repair S

15.—(1) A payment shall be made as provided for by this Part of these Regulations to meet, or contribute towards, any cost accepted by the responsible authority as having been incurred (whether by way of charge under the Act or otherwise) for the replacement or repair of an optical appliance for which a prescription is given in consequence of a testing of sight of–

(a) a child, where the appliance needs replacement or repair in consequence of loss or damage;

(b) a person of any description specified [F41 in regulation 8(2)(b), (c), (d) or (e)] suffering from illness [F42 or disability], where the appliance needs replacement or repair in consequence of its loss or damage and the responsible authority is satisfied, after making such enquiries as it considers relevant, that the loss or damage would not have occurred but for that illness [F42 or disability].

(2) No payment shall be made by virtue of paragraph (1)(a) or (b) unless the responsible authority is satisfied, after making such enquiries as it considers relevant, that the full cost of replacement or repair cannot be met under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer.

Textual Amendments

F41 Words in reg. 15(1)(b) substituted (1.4.2000) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2000 (S.S.I. 2000/45), regs. 1(1), 3(a)

F42 Words in reg. 15(1)(b) inserted (1.4.2000) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2000 (S.S.I. 2000/45), regs. 1(1), 3(b)

Commencement Information

I15 Reg. 15 in force at 1.4.1998, see reg. 1(1)

Completion of vouchers for replacement or repair S

16.—(1) A patient who considers that a payment may be made under this Part in his case in respect of the replacement or repair of his optical appliance may indicate to the supplier that he wishes such a payment may be made.

(2) In the case of a replacement the supplier may–

(a) mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;

(b) duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of issue of the voucher.

(3) In the case of a repair the supplier may–

(a) mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be repaired as set out in column 1 of that Schedule;

(b) indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises–

(i) the replacement or repair of one or more lens included in the appliance, and, if so of how many,

(ii) the repair of a frame and, if so, whether it is of the whole frame, the front of a frame or one or both sides of a frame;

(c) duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of issue of the voucher.

(4) The patient shall sign on the voucher–

(a) a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;

(b) a declaration in writing to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and

(c) an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.

(5) A patient who is an eligible person only by virtue of regulation 8(2)(d) or only by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 18(2)(b)(iv).

(6) In a case to which regulation 15(1)(b) applies, a supplier intending to use the voucher under regulation 17 shall first submit it to the responsible authority so that it may be satisfied as to the circumstances in which the loss or damage occurred and give its approval to the use of the voucher.

Commencement Information

I16 Reg. 16 in force at 1.4.1998, see reg. 1(1)

Use of vouchers for replacement or repair S

17.  The supplier may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the replacement or repair.

Commencement Information

I17 Reg. 17 in force at 1.4.1998, see reg. 1(1)

Payments to suppliers for replacement or repair S

18.—(1) Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has used a voucher in accordance with regulation 17.

(2) The conditions referred to in paragraph (1) 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 and issued to the patient a receipt for any money received from the patient;

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

(iii) made a claim for payment 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

(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.

Commencement Information

I18 Reg. 18 in force at 1.4.1998, see reg. 1(1)

Redemption value of voucher for replacement or repair S

19.—(1) Subject to paragraph (4), the redemption value of a voucher shall, in the case of a replacement, be the lesser of–

(a) the full cost which would have been payable by the patient for the replacement but for this Part;

(b) the face value of the voucher or, in the case of the replacement of one only of a pair of contact lenses, [F43 £43.90].

(2) Subject to paragraph (4), the redemption value of a voucher shall, in the case of the repair of an appliance be the lesser of–

(a) the full cost which would have been payable by the patient for the repair but for this Part of these Regulations;

(b) the amount specified in column 2 of Schedule 2 which relates to the type of optical appliance repaired (identified in that column by reference to the relevant letter code as specified in Schedule 1) and to the nature of the repair specified in column 1 of Schedule 2, together with any increase provided for by Schedule 3.

(3) Where more than one repair is made to an appliance the amount taken for the purposes of paragraph (2)(b) as being specified in Schedule 2 shall be the aggregate of the relevant amounts ascertained in accordance with Schedule 2, except–

(a) that the element of the value of a voucher which relates to the repair of a frame shall not exceed [F44 £11.30]; and

(b) the maximum supplement payable under paragraph 1(1)(e) or (g) of Schedule 3 in respect of the repair of any one appliance shall not exceed [F45 £49.40].

(4) In the case of a person who was eligible for a payment to be made in his case only by virtue of regulation 8(2)(d), the amounts taken for the purpose of paragraphs (1)(a) and (b) and (2)(a) and (b) shall be reduced by the patient’s contribution.

Textual Amendments

F43 Sum in Reg. 19(1)(b) substituted (1.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(a), 8(a) (with reg. 10)

F44 Sum in Reg. 19(3)(a) substituted (1.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(a), 8(b) (with reg. 10)

F45 Sum in Reg. 19(3)(b) substituted (1.4.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(a), 8(c) (with reg. 10)

Commencement Information

I19 Reg. 19 in force at 1.4.1998, see reg. 1(1)

PART VI S PAYMENTS TO PATIENTS

Payments to patients in respect of the supply, replacement or repair of optical appliances S

20.—(1) A payment may be made under this regulation to a person of a description specified by regulation 8(2) or 15(1) who pays for the supply, replacement or repair of an optical appliance without exercising his right under regulation 9(1), 10(1) or 15(1) to a payment to meet or contribute towards the cost incurred for the supply, replacement or repair of such optical appliance.

(2) A patient who wishes to receive a payment under this regulation must–

(a) make a claim to the Secretary of State if he considers that he falls within the description specified in regulation 8(2)(c) or (d); or

(b) in all other cases, make a claim to the responsible authority.

(3) [F46 Subject to paragraph (3A),] any such claim must be made within three months after the date of [F47 payment for] the supply, replacement or repair of the optical appliance, or within such further period as the Secretary of State or the responsible authority may for good cause allow, and that claim must be made on a form provided by or on behalf of the Secretary of State or the responsible authority for that purpose.

[F48 (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.]

(4) It is a further condition of entitlement to a payment under paragraph (1) that the patient produces in support of his claim such evidence as the Secretary of State or the responsible authority may reasonably require including the receipt for any fee paid for the supply, replacement or repair.

(5) [F49 Subject to paragraph (7),] where the Secretary of State is satisfied that the patient is entitled to a payment as a result of a claim under paragraph (2)(a), he shall authorise in writing the payment of the amount in question to the patient by the responsible authority and, on receipt of such authorisation, the responsible authority shall make a payment to the patient of an amount equal to 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.

(6) [F50 Subject to paragraph (7),] where the responsible authority is satisfied that the patient is entitled to a payment of a claim under paragraph (2)(b), it shall make a payment to the patient of an amount equal to 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.

[F51 (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.]

Textual Amendments

F46 Words in reg. 20(3) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(a)(i)

F47 Words in reg. 20(3) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(a)(ii)

F48 Reg. 20(3A) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(b)

F49 Words in reg. 20(5) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(c)

F50 Words in reg. 20(6) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(d)

F51 Reg. 20(7) inserted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 10(e)

Commencement Information

I20 Reg. 20 in force at 1.4.1998, see reg. 1(1)

PART VII S MISCELLANEOUS

Amounts wrongly paid S

21.—(1) Where a person who is not an eligible person declares on a voucher that he is an eligible person and in consequence the responsible authority makes a payment under these Regulations, the person who makes the declaration shall repay the amount of that payment to the responsible authority.

(2) Where a supplier makes a claim for payment to the responsible authority, representing that the conditions specified in regulation 5(2), 13(2) or 18(2) are fulfilled, but those conditions are not fulfilled and the authority makes a payment to the supplier under these Regulations, it may recover the amount of that payment from the supplier.

Commencement Information

I21 Reg. 21 in force at 1.4.1998, see reg. 1(1)

Signatures and claims for payments S

22.  A signature required by these Regulations shall be given, and a claim for payment pursuant to regulation 6 or 20 shall be made–

(a) on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;

(b) on behalf of any other person who is incapable of giving the signature, by–

(i) an adult relative;

(ii) any other adult who has the care of that person; or

(iii) any other adult competent so to sign in accordance with any rule of law;

(c) on behalf of any person under 18 years of age–

[F52 (i) who is looked after by a local authority within the meaning of section 17(6) of the Children (Scotland) Act 1995 by a person duly authorised by that authority]

(ii) in the care of a voluntary organisation, by that organisation or a person duly authorised by them.

Textual Amendments

F52 Reg. 22(c)(i) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 11

Commencement Information

I22 Reg. 22 in force at 1.4.1998, see reg. 1(1)

Application of these Regulations S

23.  The amounts specified in these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 on or after 1st April 1998.

Commencement Information

I23 Reg. 23 in force at 1.4.1998, see reg. 1(1)

Revocations S

24.  The Regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.

Commencement Information

I24 Reg. 24 in force at 1.4.1998, see reg. 1(1)

Sam Galbraith

Minister for Health Scottish Office

St Andrew’s House,

Edinburgh