The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017

Amendment of the 1998 Regulations

2.—(1) Regulation 8 of the 1998 Regulations (eligibility – supply of optical appliances) is amended as follows.

(2) For paragraph (3)(q) substitute—

“(q) in the relevant assessment period he—

(i) received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £435.00 or less and—

(aa) the universal credit award did not include the child element; and

(bb) he or, in the case of a couple, both members of the couple, did not have limited capability for work;

(ii) received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £935.00 or less and either, or both, of the following sub-paragraphs apply—

(aa) the universal credit award included the child element;

(bb) he or, in the case of a couple, either member or both members of the couple, had limited capability for work; or

(iii) was a qualifying young person for whom a recipient referred to in sub-paragraph (ii) was responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder).”.

(3) In paragraph (4)(e)—

(a) for head (v) (definition of “LCW element”) substitute—

“(v) “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(1) respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related  activity);”;

(b) omit head (vi) (definition of “LCWRA element”); and

(c) after head (vii) (definition of “qualifying young person”) insert—

“(viia) “relevant assessment period” means the assessment period immediately preceding that in which the supply of the optical appliance is paid for;”.

(4) After paragraph (4) insert—

“(4A) In relation to paragraph (3)(q), where paragraph (4B) applies, a person is to be treated as a person of a description specified by regulation 8(2) for the purposes of regulation 20.

(4B) This paragraph applies where the conditions in heads (i), (ii) or (iii) of paragraph (3)(q) are satisfied in the assessment period in which the optical appliance is paid for and—

(a) there is no relevant assessment period; or

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

(1)

Regulations 39 and 40 were amended by S.I. 2014/597.