Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 19986

In regulation 13 (payments to suppliers)—

a

for paragraph (1) substitute—

1

Subject to paragraph (2B), the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

a

the supplier has accepted the voucher from a patient in accordance with regulation 12; and

b

the conditions specified in paragraph (2) are fulfilled.

b

in paragraph (2)—

i

after “paragraph (1)” where it first appears insert “(b)”; and

ii

in sub-paragraph (c)(ii) for “either by means of electronic communication in accordance with paragraph (2A) or on a duly completed voucher” substitute “by means of electronic communication in accordance with paragraph (2A)”;

c

in paragraph (2A), for “made by means of electronic communication shall” substitute “as mentioned in paragraph (2)(c)(ii) must”; and

d

after paragraph (2A) insert—

2B

Where a voucher has been issued by a Health Board in accordance with regulation 10 the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

a

the supplier has accepted the voucher from a patient in accordance with regulation 12; and

b

the conditions specified in paragraph (2C) are fulfilled.

2C

The conditions referred to in paragraph (2B)(b) are that—

a

the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to them;

b

the optical appliance is not sold or supplied in contravention of section 27(1) of the Optician’s Act 19893; and

c

the supplier has—

i

made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient;

ii

made a claim for a payment either by means of electronic communication in accordance with paragraph (2D) or on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance;

iii

where the patient has shown a notice of entitlement to the supplier, informed the responsible authority of the amount of the patient’s contribution, if any; and

iv

where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of schedule 3, certified that the glasses supplied were small glasses.

2D

A claim as mentioned in paragraph (2C)(c)(ii) which is made by means of electronic communication must—

a

be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

b

confirm the matters referred to in paragraph (2C)(c)(iii) and (iv), where applicable; and

c

contain the personal identification number that has been allocated to the supplier by the responsible authority.