2003 No. 201
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2003
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 26, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2003 and shall come into force on 6th April 2003.
2
In these regulations–
a
“the 1986 Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 19862”; and
b
“eligible person” has the same meaning as in paragraph 2(1) of the 1986 Regulations.
Amendment of the 1986 Regulations2
1
The 1986 regulations are amended as follows.
2
In regulation 2(1) (interpretation)3–
a
after the definition of “capital limit”, insert–
“child tax credit” means child tax credit under the Tax Credits Act 20024;
b
after the definition of “director”, insert–
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
c
after the definition of “qualifications”, insert–
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;
d
after the definition of “suspended by direction of the Tribunal”, insert–
“tax credit” has the same meaning as in section 1(2) of the Tax Credits Act 2002;
e
after the definition of “the Tribunal”, insert–
“working tax credit” means working tax credit under the Tax Credits Act 2002;
f
omit the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit”.
3
In regulation 14 (sight tests – eligibility)5–
a
in paragraph (2)–
i
at the end of sub paragraph (j), insert–
or
k
he is a member of a family–
i
one member of which is receiving–
aa
working tax credit and child tax credit; or
bb
working tax credit which includes a disability element; or
cc
child tax credit, but is not eligible for working tax credit;
ii
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or
l
he is a member of a family in respect of which there is a current notice of entitlement under regulation 14ZA.
ii
omit sub paragraphs (c), (d), (g) and (h); and
b
for paragraph (4), substitute–
4
In paragraph (2)–
a
in sub paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992, as it applies to income support;
b
in sub paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 19956; and
c
in sub paragraph (k), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 20027.
4
After regulation 14, insert–
Notice of entitlement14ZA
1
Where a person is entitled to a sight test under general ophthalmic services because he is a member of a family described in regulation 14(2)(k), the Scottish Ministers shall issue a notice of entitlement under this regulation to that family.
2
Such a notice of entitlement shall apply to–
a
any family member who is named in the notice of entitlement; and
b
any other member of such a person’s family.
3
A notice of entitlement issued under paragraph (1) shall be effective–
a
from such date; and
b
for such period,
as the Scottish Ministers may determine.
4
Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.
5
A notice of entitlement means a notice issued under this regulation and not under regulation 7 of the Remission Regulations 8.
Saving provision3
Notwithstanding the revocation of regulation 14(2)(c), (d), (g) and (h) of the 1986 Regulations, any person who, immediately before the coming into force of regulation 2 of these Regulations was an eligible person under regulation 14(2)(c), (d), (g) and (h) of the 1986 Regulations shall continue to be an eligible person until 31st July 2003.
(This note is not part of the Regulations)