The National Health Service (Charges for Drugs and Appliances) Regulations 2000 (revoked)

Changes over time for: Section 9

Version Superseded: 01/04/2007

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Pre-payment certificatesE+W

9.—(1) Subject to the following provisions of this regulation, [F1the Secretary of State] on payment of the relevant sum prescribed by paragraph (5) shall as soon as reasonably practicable grant a certificate (in these regulations referred to as a “pre-payment certificate") to any person [F2who provides the Secretary of State with all the information the Secretary of State requires to determine an application, by—

(a)duly completing and submitting an application for it on a form provided for the purpose; or

(b)providing the Secretary of State with that information in a manner that is acceptable to the Secretary of State].

(2) A pre-payment certificate shall be valid for a period of either four months or twelve months and an application for such a certificate shall indicate the period for which it is required to be valid.

(3) A pre-payment certificate which is granted confers on the person to whom it is granted exemption as provided by regulation 7(1)(g) in respect of drugs and appliances supplied during the period for which it is valid.

[F3(4) A pre-payment certificate shall be valid—

(a)from a date before the application is made, where that date—

(i)was specified by the applicant when making the application; and

(ii)is no more than one month prior to the date upon which the application was made under paragraph (1); or

(b)from a date after the application is made, where that date—

(i)was specified by the applicant when making the application; and

(ii)is no more than one month after the date upon which the application was made under paragraph (1); or

(c)if the applicant does not specify a date under sub-paragraphs (a)(i) and (b)(i), from the date upon which the application is received.]

(5) For the purposes of this regulation the prescribed sum shall be [F4£34.65] for a pre-payment certificate valid for 4 months and [F5£95.30] for a pre-payment certificate valid for 12 months.

(6) Where payment of a prescribed sum has been made under this regulation and, not more than one month after the date on which his pre-payment certificate became valid, the person in respect of whom payment was made–

(a)becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies;

(b)or becomes a person entitled to remission under [F6regulation 5 of the Travel Expenses and Remission of Charges Regulations]; or

(c)dies; or

(d)becomes resident in a hospital and thereafter either–

(i)dies while resident in hospital before the expiry of the pre-payment certificate; or

(ii)remains in hospital until the expiry of the pre-payment certificate,

an application for repayment of that sum may be made, by or on behalf of that person or his estate, in accordance with [F7paragraphs (13) to (15)].

[F8(7) Where payment of a prescribed sum has been made and where on or after 1st April 2001 the person in respect of whom the payment was made dies or becomes resident in a hospital and thereafter dies during the relevant period as defined in paragraph (9) an application for a refund may be made, by or on behalf of that person or his estate, in accordance with paragraphs (13) to (15) in respect of each complete month following the date on which the person died or became resident in a hospital.

(8) The refund referred to in paragraph (7) shall be calculated as follows—

(a)in the case of a pre-payment certificate valid for 4 months, one quarter of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;

(b)in the case of a pre-payment certificate valid for 12 months, one twelfth of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;

and for the purposes of these calculations a complete month is a month beginning on the monthly anniversary of the date on which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month.

(9) [F9In paragraph (7) “the relevant period” means the period beginning one month after the date on which the pre-payment certificate became valid and ending with the date of its expiry.]

(10) Where payment of a prescribed sum in respect of a pre-payment certificate valid for 12 months has been made and where on or after 1st April 2001 and during the relevant period defined in paragraph (12), the person in respect of whom the payment was made—

(a)becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or

(b)becomes a person entitled to remission under [F10regulation 5 of the Travel Expenses and Remission of Charges Regulations],

an application for a refund may be made, by or on behalf of that person or his estate in accordance with paragraphs (13) to (15).

(11) The refund referred to in paragraph (10) shall be for the sum which is the difference between the prescribed sum paid and the sum which was prescribed for a pre-payment certificate valid for four months on the date that the prescribed sum was paid.

(12) [F11In paragraph (10) “the relevant period” means the period of three months beginning one month after the date on which the pre-payment certificate became valid.]

(13) Applications under this regulation shall be made to the [F12Secretary of State] and shall be accompanied by the certificate (where granted) and a declaration in support of the claim and any repayment shall be made in such manner and subject to such conditions as the Secretary of State may determine.

(14) Subject to paragraph (15) an application under this regulation shall be made where the person in respect of whom the payment of the prescribed sum was made—

(a)dies or becomes resident in a hospital and thereafter dies, within 24 months of the date of his death; or

(b)has a pre-payment certificate valid for 4 months and becomes a person;

(i)to whom any of the provisions of regulation 7(1)(b) to (f) apply, or

(ii)entitled to remission under [F13regulation 5 of the Travel Expenses and Remission of Charges Regulations],

within four months of the date on which the pre-payment certificate became valid; or

(c)has a pre-payment certificate valid for 12 months and becomes a person;

(i)to whom any of the provisions of regulation 7(1)(b) to (f) apply; or

(ii)entitled to remission under [F14regulation 5 of the Travel Expenses and Remission of Charges Regulations],

within seven months of the date on which the pre-payment certificate became valid; or

(d)becomes resident in hospital and remains there until the expiry of the pre-payment certificate within 3 months of the date of expiry.

(15) Where an application under this regulation is made outside the time limits specified in paragraph (14) in respect of a death which occurs on or after 1st April 2001 or in respect of a person who becomes a person to whom paragraph 14(b) to (d) applies on or after 1st April 2001, the [F15Secretary of State shall accept it if] satisfied that the delay was for good cause.]

Textual Amendments

F1Words in reg. 9(1) substituted (1.10.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 9(a)(i)

F2Words in reg. 9(1) substituted (1.10.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 9(a)(ii)

F3Reg. 9(4) substituted (1.10.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 9(b)

F4Word in reg. 9(5) substituted (1.4.2006) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/675), regs. 1(1), 2(4)(a) (with reg. 5)

F5Word in reg. 9(5) substituted (1.4.2006) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/675), regs. 1(1), 2(4)(b) (with reg. 5)

F6Words in reg. 9(6)(b) substituted (1.4.2005) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 (S.I. 2005/578), regs. 1(1), 13

F7Words in reg. 9(6) substituted (1.4.2001) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 (S.I. 2001/746), regs. 1(1), 7(2)

F8Reg. 9(7)-(15) substituted for reg. 9(7)(8) (1.4.2001) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 (S.I. 2001/746), regs. 1(1), 7(3)

F9Reg. 9(9) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 8(3)

F10Words in reg. 9(10)(b) substituted (1.4.2005) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 (S.I. 2005/578), regs. 1(1), 13

F11Reg. 9(12) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 8(4)