The National Health Service (Charges for Drugs and Appliances) Amendment (No.2) Regulations 2007

Transitional provisions relating to regulation 9 of the Charges Regulations

3.—(1) Where an application for a pre-payment certificate made under regulation 9 of the Charges Regulations as they are immediately before these Regulations come into force is received prior to 1^st July 2007, but is not determined prior to 1^st July 2007, the Charges Regulations shall have effect in relation to that application and to the grant of any pre-payment certificate pursuant to that application as if these Regulations had not come into force.

(2) Where, on or after 1^st July 2007 but prior to 1^st November 2007, a postal application for a pre-payment certificate valid for 4 months is received with payment of the sum of £34.65, that application shall be determined and, if appropriate, a pre-payment certificate valid for 4 months shall be granted in accordance with the Charges Regulations as if these Regulations had not come into force and the Charges Regulations shall have effect in relation to that pre-payment certificate, including any application for a refund of the sum paid for that pre-payment certificate, as if these Regulations had not come into force.

(3) Where an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received prior to 1^st July 2007, but is not determined prior to 1^st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.

(4) Where, on or after 1^st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 12 months which was granted pursuant to an application received prior to 1^st July 2007 and the application is made on the grounds that not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom the pre-payment certificate was granted—

(a) became a person to whom any of the provisions of regulation 7(1)(b) to (f) of the Charges Regulations applied;

(b) became a person entitled to remission under regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(1);

(c) died; or

(d) became resident in hospital and thereafter—

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

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

the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.

(5) Where, on or after 1^st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 4 months which was granted pursuant to an application received prior to 1^st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.

(1)

S.I. 2003/2382, as amended by S.I. 2004/663, S.I. 2004/936, S.I. 2005/26, S.I. 2005/578, S.I. 2006/675, S.I. 2006/1065, S.I. 2006/2171 and S.I. 2007/988.