The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2015

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) he is—

(i) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award does not include—

(aa) the child element;

(bb) the LCW element; or

(cc) the LCWRA element,

and either has no earned income or has earned income of £435 or less in the assessment period;

(ii) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(aa) the child element;

(bb) the LCW element; and

(cc) the LCWRA element,

and either has no earned income or has earned income of £935 or less in the assessment period; or

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

(3) For paragraph (4)(e) substitute—

“(e) in sub-paragraph (q)—

(i) “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations(2) (assessment periods);

(ii) “child element” means the child element of universal credit within the meaning of regulation 24(1) of the Universal Credit Regulations (the child element);

(iii) “couple” has the meaning given in section 39(3) of the Welfare Reform Act 2012 (couples);

(iv) “earned income” means a person’s earned income within the meaning of Chapter 2 of Part 6(4) of the Universal Credit Regulations (earned income);

(v) “LCW element” relates to a limited capability for work and means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements);

(vi) “LCWRA element” relates to a limited capability for work and work related activity and means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations (award to include LCW and LCWRA elements);

(vii) “qualifying young person” has the meaning given in regulation 5 of the Universal Credit Regulations (meaning of “qualifying young person”);

(viii) “single person” has the meaning given in section 1(2)(a) of the Welfare Reform Act 2012 (universal credit); and

(ix) “the Universal Credit Regulations” means the Universal Credit Regulations 2013(5).”.

(4) Omit paragraph (4)(f).

(1)

2012 c.5.

(2)

Regulation 21 was amended by S.I. 2014/2887 and S.I. 2015/1362.

(3)

Section 39 was amended by S.I. 2014/3229.

(4)

Chapter 2 of Part 6 was amended by S.I. 2012/822, S.I. 2013/1508, S.I. 2014/2888, S.I. 2014/3255, S.I. 2015/67, S.I. 2015/345 and S.I. 2015/478.

(5)

S.I. 2013/376.