The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001

Exemptions

7.—(1) Subject to the provisions of paragraphs 1(1) and 4 of Schedule 11 to the Act and to the following provisions of this regulation, no charge shall be payable under these Regulations other than regulation 6 by–

(a) a person who has not attained the age of 16 years;

(b) a person who has not attained the age of 19 years and is receiving qualifying full time education within the meaning of paragraph 7 of Schedule 11 to the Act(1);

(c) a person who has attained the age of 60 years;

(d) a woman to whom a Board has issued an exemption certificate on the ground that she is an expectant mother or has within the last twelve months given birth to a live child or a child registrable as still-born under the Registration of Births, Deaths and Marriages (Scotland) Act 1965(2);

(e) a person to whom a Board has issued an exemption certificate on the ground that the person is suffering from one or more of the following conditions:–

(i) permanent fistula (including caecostomy, colostomy, laryngostomy, or ileostomy) requiring continuous surgical dressing or an appliance;

(ii) forms of hypoadrenalism (including Addison’s disease) for which specific substitution therapy is required,

• diabetes insipidus and other forms of hypopituitarism,

• diabetes mellitus except where treatment is by diet alone,

• hypoparathyroidism,

• myasthenia gravis,

• myxoedema;

(iii) epilepsy requiring continuous anti-convulsive therapy;

(iv) a continuing physical disability which prevents the patient from leaving a residence without the help of another person;

(f) a person to whom the Scottish Ministers have issued a certificate in respect of the supply of drugs and appliances for the treatment of accepted disablement but only in respect of those supplies to which the certificate relates;

(g) a person to whom a certificate has been granted pursuant to regulations having effect under or by virtue of section 69(2) of the Act.

(2) No exemption from a charge payable under these Regulations shall be granted unless–

(a) in the case of a charge payable to a chemist, a declaration of entitlement to exemption on the prescription form presented to the chemist is duly completed by or on behalf of the person claiming exemption; or

(b) in the case of a charge payable to a doctor, a declaration of entitlement to exemption, which shall be in writing if the doctor so requires, is made to that doctor; or

(c) in the case of a charge payable to a Board or, as the case may be, to an NHS trust under regulation 5, the person claiming exemption provides such evidence as that Board or, as the case may be, that NHS trust may reasonably require that the person is entitled to such exemption.

(3) A person who wishes to claim exemption pursuant to the provisions of paragraph (1)(d) or (1)(e) shall apply for an exemption certificate to the Board on a form supplied by the Board for that purpose.

(4) A Board on being satisfied that an applicant is entitled to exemption pursuant to the provisions of paragraph (1)(d), shall issue an exemption certificate which shall have effect in the case of an expectant mother until the end of her pregnancy, and

(a) where she gives birth to a child registrable as still-born under the Registration of Births, Deaths and Marriages (Scotland) Act 1965, until the end of the period of twelve months beginning with the expected date of confinement, or

(b) in the case of a mother who has given birth to a live child, until the end of the period of twelve months beginning with the date of birth of that child.

(5) A Board shall issue to the applicant an exemption certificate which shall have effect for such period as they may determine, on being satisfied that the applicant is not entitled to exemption under the provisions of paragraph (1)(a), (1)(b) or (1)(c), and is entitled to exemption in pursuance of the provisions of paragraph (1)(e).

(6) Where a claim to exemption has been made but is not substantiated and in consequence of that claim a chemist, a doctor, a Board or, as the case may be, an NHS trust has not recovered a charge in respect of the supply of any drugs or appliances, a Board or NHS trust shall recover such charge from the person concerned.

(7) Any claim to exemption by reference to age or the validity of a certificate shall be determined by reference to age or validity on the date on which any order for drugs or appliances is presented for dispensing, or, as the case may be, drugs or appliances are supplied by a doctor, a Board or, as the case may be, an NHS trust.

(8) The charges which may be made and recovered by virtue of these Regulations are subject to the provisions of regulations made under section 75A of the Act(3) providing for remission or repayment(4).

(1)

Paragraph 7 of Schedule 11 was inserted by the Health Services Act 1980 (c. 53), Schedule 5, paragraph 8.

(2)

1965 c. 49.

(3)

Section 75A was inserted by the Social Security Act 1988 (c. 7), section 14(2).

(4)

See S.I. 1988/546, as amended by S.I. 1989/393 and 616, 1990/551, 917 and 1665, 1991/575, 1992/754, 1993/642 and 2049, 1995/700 and 2381, 1996/429 and 2391, 1997/1012 and 2455 and 1988/2772 and S.S.I. 1999/63 and 2000/79