The National Health Service (Dental Charges) Regulations 1989

Regulation 4(4)

SCHEDULE 1 CALCULATION OF CHARGE FOR SUPPLY OF APPLIANCE ON REFERRAL

1.  There shall first be taken an amount (“£a”) which is the greater of the following–

(a) the amount of the charges authorised by sections 78 and 79 of the Act which have been paid to the dental practitioner by the patient in respect of services provided under the contract or arrangement;

(b) the amount of the charges authorised by those sections, including any amount already paid, which would be payable to the dental practitioner by the patient in respect of those services if no charge fell to be made in respect of the supply of the appliance.

2.  Then £a shall be compared with the full amount of the charges payable to the dental practitioner by the patient in respect of services provided under the contract or arrangement (“£b”) and–

(a) if £a equals or exceeds £b, there is no charge for the supply of the appliance;

(b) if £a is less than £b, the charge for the supply of the appliance is–

(i) £b minus £a, or

(ii) 75% of the Statement remuneration for the supply of the appliance,

whichever is the lesser amount.

Regulation 5(5)

SCHEDULE 2 EXEMPTIONS – CATEGORIES AND EVIDENCE

(1)	(2)
Category	Evidence
1.  Under 18 years of age.	1.  The person’s birth certificate.
2.  18 years of age and receiving qualifying full-time education (within the meaning of paragraph 7 of Schedule 12 to the Act).	2.  The person’s birth certificate and a document signed by the principal or other appropriate officer of the recognised educational establishment, or by or on behalf of the person providing instruction by other comparable means, to the effect that the person is receiving full-time instruction at the establishment or by other comparable means.
3.  Expectant mother.	3.  A certificate, signed by a registered medical practitioner, as to the pregnancy.
4.  Having borne a child in the previous 12 months.	4.  The child’s birth certificate.

Regulation 8(2) and (3)

SCHEDULE 3 CHARGES FOR MORE EXPENSIVE SUPPLIES AND REPAIRS – GENERAL DENTAL SERVICES

PART I AMOUNT OF CHARGE

1.  The amount of the charge which may be made and recovered under regulation 8(2) is, subject to paragraph 2, £x plus £y where–

(a) £x is the amount of the charge which would be payable by the patient under section 78 of the Act in respect of the supply or repair of the appliance if it were an appliance of the basic type;

(b) £y is the difference between–

(i) the cost of supplying or repairing the more expensive appliance; and

(ii) the fees payable to the dental practitioner in accordance with Determination I of the Statement of Dental Remuneration in respect of the supply or repair of an appliance of the basic type, disregarding for this purpose any maximum fee in respect of combinations of dentures.

2.  The aggregate of £x and the charges payable by the patient under section 78 and 79 of the Act in respect of services provided in pursuance of the contract or arrangement other than the supply or repair of the appliance (“the other charges”) shall not exceed £150, so that–

(a) where the other charges are £150 or more, the amount of the charge referred to in paragraph 1 is £y only;

(b) where the other charges are of an amount less than £150, £x shall not exceed the difference between that amount and £150.

PART II PROCEDURE

1.  A dental practitioner who agrees to a request referred to in regulation 8(2) shall–

(a) complete, on a dental estimate form, an estimate for the treatment of the patient, including the supply or repair of an appliance of the basic type;

(b) complete a further estimate, on the supplementary estimate form set out in Determination VI of the Statement of Dental Remuneration or on a form to the like effect, of the cost of supplying or repairing the more expensive appliance;

(c) require the patient to sign both estimates;

(d) submit both estimates to the Board for approval of the treatment.

2.  If the Board approves the estimates, it shall determine and indicate in the appropriate parts of the dental estimate form–

(a) the amount of the charge to be made and recovered under sections 78 and 79 of the Act for the treatment set out in the estimate referred to in paragraph 1(a), other than for the supply or repair of an appliance of the basic type;

(b) the amount of the charge which may be made and recovered under regulation 8(2) for the supply or repair of the more expensive appliance.

3.  It is a condition of the approval by the Board of any estimate submitted under paragraph 1 that the dental practitioner shall comply, in respect of any such estimate, with the conditions with respect to materials set out in Determination III of the Statement of Dental Remuneration.

Regulation 9(1)

SCHEDULE 4 MANNER OF DETERMINING CHARGE FOR REPLACEMENT

1.  Where the Board, on considering an estimate submitted for the approval of a free replacement of a dental appliance supplied as part of general dental services, considers that there are grounds for believing that the replacement is necessitated by such an act or omission as is referred to in regulation 9(1), it may refer the matter to the Family Practitioner Committee for investigation.

2.  The Family Practitioner Committee shall make such inquiry into the matter referred as it thinks fit and if either–

(a) in its opinion the circumstances so require; or

(b) the person supplied or (if he is under 16 years of age) the person in charge of him so requires,

the inquiry shall take the form of an oral hearing by a sub-committee of the Family Practitioner Committee appointed for the purpose which shall report to the Family Practitioner Committee on the matter.

3.  The Family Practitioner Committee, having considered any report made by its sub-committee under paragraph 2,–

(a) shall determine whether the replacement is necessitated by an act or omission on the part of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of him when the act or omission occurred; and

(b) if it is so necessitated, shall determine, in accordance with regulation 9(2) and (3), the amount of the charge to be made and recovered.

4.  The Family Practitioner Committee shall communicate its determination to–

(a) the relevant person (within the meaning of regulation 9(4));

(b) the dental practitioner replacing the appliance;

(c) the Board.

Regulation 12(1)

SCHEDULE 5 REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
National Health Service (General Dental Services) Regulations 1973	1973/1468	Part V Schedule 1, paragraph 29
National Health Service (Charges for Appliances) Regulations 1974	1974/284	Regulations 4 and 8
National Health Service (General Dental Services) Amendment Regulations 1980	1980/986	Regulation 2(3)
National Health Service (Dental Charges) Regulations 1988	1988/473	The whole Regulations