The National Health Service (Charges for Drugs and Appliances) Regulations 1989

Exemptions

6.—(1) No charge shall be payable under regulation 3 or regulation 4 by–

(a) a person who is under 16 years of age;

(b) a person who is under 19 years of age and is receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act(1);

(c) a man who has attained the age of 65 years or a woman who has attained the age of 60 years;

(d) a woman with a valid exemption certificate issued by a Committee 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 Births and Deaths Registration Act 1953(2);

(e) a person with a valid exemption certificate issued by a Committee on the ground that he 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) the following disorders for which specific substitution therapy is essential–

Addison’s disease and other forms of hypoadrenalism,

diabetes insipidus and other forms of hypopituitarism,

diabetes mellitus,

hypoparathyroidism,

myasthenia gravis,

myxoedema;

(iii) epilepsy requiring continuous anti-convulsive therapy;

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

(f) a person with a valid exemption certificate issued by the Secretary of State 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 with a valid pre-payment certificate.

(2) No charge shall be payable under regulation 5–

(a) in respect of the supply of an appliance specified in column (1) of Schedule 1, by a person of a description specified in paragraph (1)(f);

(b) in respect of the supply of an appliance not so specified or of drugs, by a person of a description specified in any of sub-paragraphs (c) to (g) of paragraph (1).

(3) A charge referred to in column (1) of Schedule 1 shall, in the case of a person referred to in regulation 5 of the Travelling Expenses and Remission of Charges Regulations, be remitted to the extent specified in that regulation.

(4) An exemption by reference to age or the validity of an exemption certificate shall be determined by reference to the age or validity on the day on which–

(a) in the case of pharmaceutical services provided by a chemist, the order for drugs or appliances is presented for dispensing;

(b) in any other case, the drugs or appliances are supplied.

(5) Where a claim to exemption has been made but is not substantiated and in consequence of that claim a chemist, a doctor or a health authority has not recovered a charge in respect of the supply of any drugs or appliances, a Committee or that health authority shall recover such charge from the person concerned.

(1)

Paragraph 7 was substituted by the Health Services Act 1980 (c. 53), Schedule 5, paragraph 4.

(2)

1953 c. 20.