The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1995

Made9th March 1995

Laid before Parliament10th March 1995

Coming into force1st April 1995

The Secretary of State, in exercise of the powers conferred on him by sections 26, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1995 and shall come into force on 1st April 1995.

2

In these Regulations “the principal Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 19862.

Amendment of regulation 2 of the principal Regulations2

In regulation 2(1) of the principal Regulations (interpretation), after the definition of “deputy” there is inserted the following definition:—

“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 19923;

Amendment of regulation 14 of the principal Regulations3

1

In regulation 14(2) of the principal Regulations (sight tests-eligibility)4 the word “or” at the end of sub-paragraph (e) is omitted and after sub-paragraph (f) there is inserted—

g
he is in receipt of disability working allowance and his capital resources, calculated in accordance with the regulations concerning entitlement to that allowance5, were not more than £8,000 at the time that allowance was claimed; or
h
he is a member of the same family as a person described in sub-paragraph (g) of this paragraph.

2

For regulation 14(4) of the principal Regulations, there is substituted—

4
In paragraph (2), “family” (in reference to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992—
a
as it applies to income support6, in the case of paragraph (2)(b) and (f);
b
as it applies to family credit7, in the case of paragraph (2)(d); and
c
as it applies to disability working allowance8 in the case of paragraph 2(h).

Fraser of CarmyllieMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh9th March 1995

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 (“the principal Regulations”) which provide for the arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide general ophthalmic services (ie sight testing services).

Regulation 2 of these Regulations amends regulation 2(1) of the principal Regulations in order to include a definition of disability working allowance.

Regulation 3 of these Regulations extends the categories of eligibility for free sight tests to include people in receipt of disability working allowance whose capital resources (calculated in accordance with the regulations concerning entitlement to that allowance) were £8,000 or less at the time that allowance was claimed, and also certain relatives of such people.