The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Services for serving members of the armed forces and their families E+W

7.—(1) This regulation applies to—

(a) a person who is a serving member of the armed forces; and

(b) that person's family.

(2) [F1 NHS England] must arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service to persons to whom this regulation applies of—

(a) community services;

(b) secondary care services; and

(c) the services specified in Schedule 4.

(3) The arrangements to be made by [F1 NHS England] under paragraph (2)(b) in respect of a person referred to in paragraph (1)(a) must include the provision of any infertility treatment to that person and to that person's partner.

(4) The infertility treatment referred to in paragraph (3) must—

(a) where a person referred to in paragraph (1)(a) has been injured in service and is in receipt of compensation for infertility under the Armed Forces Compensation Scheme, include funding the cost of sperm storage facilities from the date on which the injury was sustained (where clinically necessary and where provision for such storage has previously been made); and

(b) where, and to the extent that, [F1 NHS England] is satisfied that this is clinically appropriate in the circumstances of any case, include the provision of up to three cycles of in vitro fertilisation treatments or other means of assisted conception.

(5) In paragraph (1)(b), “family”, in relation to a person to whom this regulation applies, means that person's immediate family registered for primary care services with Defence Medical Services.

(6) [F1 NHS England] must regard a person (“A”) as the partner of a person referred to in paragraph (1)(a) (“B”) if—

(a) A is the spouse or civil partner of B; or

(b) A and B are cohabiting as partners in a substantial and exclusive relationship in circumstances where either—

(i) A is financially dependent on B, or

(ii) A and B are financially interdependent.

(7) In deciding whether A is in a substantial relationship with B, [F1 NHS England]must—

(a) have regard to any evidence which A considers demonstrates that the relationship is substantial; and

(b) in particular, have regard to the examples of evidence specified in paragraph (8) which could, either alone or together, indicate that the relationship is substantial.

(8) The evidence referred to in paragraph (7)(b) is—

(a) evidence of regular financial support of A by B;

(b) evidence of a will or life insurance policy, valid at the time at which the infertility treatment is sought in which—

(i) B nominates A as principal beneficiary or co-beneficiary, or

(ii) A nominates B as the principal beneficiary;

(c) evidence indicating that A and B have purchased or are purchasing accommodation together as joint owners or evidence of joint ownership of other valuable property, such as a car or land;

(d) evidence of a joint savings plan or joint investments of a substantial nature;

(e) evidence that A and B operate a joint account for which they are co-signatories;

(f) evidence of joint financial arrangements such as joint repayment of a loan or payment of each other's debts;

(g) evidence that either A or B has given the other the power of attorney;

(h) evidence that the names of both A and B appear on a lease or, if they live in rental accommodation, rental agreement; and

(i) evidence of the length of the relationship.

(9) For the purposes of paragraph (6)(b), a relationship is not an exclusive relationship if one or both of the parties is a party to another relationship which is, or could be considered to be, a substantial and exclusive relationship having regard to the provisions of this regulation.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1