The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017

Amendment of the 1986 Regulations

3.—(1) The 1986 Regulations are amended in accordance with this regulation.

(2) In regulation 13 (sight tests – eligibility)—

(a) in paragraph (2), for sub-paragraph (q) substitute—

“(q) that person is a relevant universal credit recipient.”;

(b) after paragraph (2A), insert—

“(2B) In paragraph (2)(q) “relevant universal credit recipient” means a person who, in the relevant assessment period—

(a) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the award did not include the child element,

(ii) the single claimant or, as the case may be, both joint claimants, did not have limited capability for work, and

(iii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £435.00 or less;

(b) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the award included the child element, and

(ii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £935.00 or less;

(c) had an award of universal credit, either as a single claimant or as one of joint claimants, where—

(i) the single claimant or, as the case may be, one or both joint claimants, had limited capability for work, and

(ii) the single claimant had earned income or, as the case may be, the joint claimants had combined earned income, of £935.00 or less; or

(d) was a qualifying young person for whom a recipient referred to in sub-paragraph (b) or (c) is responsible (within the meaning of Part 1 of the 2012 Act (universal credit) and regulations made thereunder).

(2C) Where paragraph (2D) applies, a person is, for the purposes of regulation 13B(1)(c), to be treated as falling within the description of a relevant universal credit recipient in paragraph (2)(q).

(2D) This paragraph applies where the conditions in sub-paragraphs (a), (b), (c) or (d) of paragraph (2B) are satisfied in the assessment period in which the sight test takes place and—

(a) there is no relevant assessment period; or

(b) none of those conditions were satisfied in the relevant assessment period.”;

(c) omit paragraph (3)(e); and

(d) after paragraph (3), insert—

“(4) For the purposes of paragraphs (2B) and (2C)—

“assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 (assessment periods)(1);

“child element” means the child element of universal credit as specified in regulation 24(1) of the Universal Credit Regulations 2013 (the child element);

“earned income” means a person’s earned income as defined by Chapter 2 of Part 6 of the Universal Credit Regulations 2013 (calculation of capital and income – earned income);

“joint claimants” has the meaning given in section 40 of the 2012 Act (interpretation of Part 1);

“limited capability for work” means limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related activity);

“qualifying young person” has the meaning given in section 10(5) of the 2012 Act (responsibility for children and young persons);

“relevant assessment period” means the assessment period immediately preceding that in which the sight test takes place; and

“single claimant” has the meaning given in section 40 of the 2012 Act (interpretation of Part 1).”.

(3) In regulation 13B (sight test treated as a test under general ophthalmic services)—

(a) for paragraph (1), substitute—

“(1) A person whose sight is tested by a contractor, but who was not an eligible person immediately before the testing and is shown—

(a) during the testing to fall within the description specified in sub-paragraph (d) of regulation 13(1);

(b) in accordance with paragraph (3), within 3 months after the testing to fall within any of the descriptions specified in sub-paragraphs (e), (f) or (k) of regulation 13(2); or

(c) within three months after the testing to fall within the description specified in regulation 13(2)(q),

shall be taken for the purposes of the testing to have so fallen immediately before the person’s sight was tested.”

(b) in paragraph (4), after “(3)” insert “or (1)(c)”.

(1)

S.I. 2013/376.