National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997, 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.

Regulations 2 and 3 make amendments to regulation 1 (citation, commencement and interpretation) and 9 (eligibility—supply of optical appliances) of the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical Regulations”) consequent on the abolition of disabled person’s tax credit and working family tax credit and their replacement by child tax credit and working tax credit by the Tax Credits Act 2002.

Regulation 4 inserts a new regulation 12A into the Optical Regulations to provide for the Secretary of State to issue notices of entitlement based on entitlement to the new child tax credit and working tax credit.

Regulation 5 amends regulation 19 of the Optical Regulations to increase the redemption value of a voucher issued towards the cost of replacement of a single contact lens and to increase the maximum contribution by way of a voucher to the cost of repair of a frame.

Regulation 6 increases the amounts contained in Schedules 1 and 2 to the Optical Regulations, and substitutes a new Schedule 3 into the Optical Regulations to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances. The rate of increase in both regulations 5 and 6 is, on average, 2.5%.

Regulation 7 provides that the increases contained in regulations 5 and 6 only apply in relation to vouchers accepted or used on or after 1 April 2003.

Regulations 8 and 9 make amendments to regulation 2 (interpretation) and 13 (sight tests—eligibility) of the National Health Service (General Ophthalmic Services) Regulations 1986 consequent on the abolition of disabled person’s tax credit and working family tax credit and their replacement by child tax credit and working tax credit by the Tax Credits Act 2002.

Regulation 10 makes transitional provision for those persons who were entitled to the payment of, or contribution towards, the cost for the supply of an optical appliance or eligible for a sight test by virtue of being in receipt of one of the old tax credits or being a member of a family of such a person.