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PART ISGENERAL

Citation, commencement and interpretationS

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 and shall come into force on 1st April 1998.

(2) In these Regulations, unless the context otherwise requires–

“the Act” means the National Health Service (Scotland) Act 1978;

[F1“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;]

F2...

“capital limit” means the amount prescribed for the purposes of section 134(1) of the Social Security Contributions and Benefits Act 1992(1) as it applies to income support;

“child” means a person who is under the age of 16 years;

[F3“child tax credit” means child tax credit under the Tax Credits Act 2002;]

“complex appliance” means an optical appliance at least one lens of which–

(a)

has a power in any one meridian of plus or minus 10 or more dioptres, or

(b)

is a prism-controlled bifocal lens;

[F4“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;]

[F5“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000;]

F2...

“eligible person” is to be construed–

(a)

F6...

(b)

for the purposes of Parts IV and V, in accordance with regulation 8(2) to (5);

“face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 3;

F7...

“income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995(2);

[F8“income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007(2);]

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;

“Health Board” means a Health Board constituted under section 2 of the Act;

“minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 3;

F9...

“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;

[F10“ophthalmic medical practitioner” has the same meaning as in the Ophthalmic Services Regulations]

F11...

“Ophthalmic Services Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations [F122006];

“optician” means an ophthalmic optician;

“patient” means a person whose sight has been tested whether under the Act or otherwise;

“patient’s contribution” is to be construed as follows–

(a)

for the purposes of Parts F13... IV and V, where a patient’s resources are less than his requirements, the contribution shall be nil;

(b)

F14...

(c)

for the purposes of Parts IV and V, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to twice that excess;

“patient’s resources” means a person’s resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations;

[F15“pension credit guarantee credit” means state pension credit guarantee credit as construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;]

“redemption value” is to be construed–

(a)

F16...

(b)

for the purposes of Part IV, in accordance with regulation 14;

(c)

for the purposes of Part V, in accordance with regulation 19;

F17...

[F18“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;]

“the Remission Regulations” means [F19the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003] and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;

“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F20“responsible authority” means–

(a)

F21...

(b)

in relation to a voucher issued or completed pursuant to Part IV, otherwise than by [F22a Health Board] the Health Board for the area in which the supply of the optical appliance to which it relates takes or is to take place, except in regulation 13 where it means the Agency;

(c)

in relation to a voucher issued or completed pursuant to Part IV by [F22a Health Board] the Health Board in whose area the patient resides, except in regulation 13 where it means the Agency;

(d)

in relation to a voucher issued or completed pursuant to Part V, otherwise than by [F22a Health Board] the Health Board for the area in which the replacement or repair of the optical appliance to which it relates takes or is to take place, except in regulations 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

(e)

in relation to a voucher issued or completed pursuant to Part V by [F22a Health Board] the Health Board in whose area the patient resides, except in regulations 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

(f)

in relation to a payment made pursuant to Part VI, otherwise than by [F22a Health Board] the Health Board for the area in which the supply, replacement or repair of the optical appliance to which it relates took place, except in regulation 20(3), (4), (5), (6) and (7) where it means the Agency;

(g)

in relation to a payment made pursuant to Part VI by [F22a Health Board] the Health Board in whose area the patient resides, except in regulation 20(3), (4), (5), (6) and (7) where it means the Agency.]

[F23“severe disability element” means the severe disability element of working tax credit as specified in section 11(6)(d) of the Tax Credits Act 2002;]

[F24“small glasses” means glasses–

(a)

prescribed for a child who is under the age of 7 years at the date of issue of a voucher relating to those glasses where the voucher is issued on the same occasion as the prescription relating to those glasses is issued;

(b)

having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and

(c)

having a boxed centre distance of no more than 55 millimetres, and for this purpose “box centre” is to be construed in accordance with Part 1 of British Standard 3521/91 (Terms relating to ophthalmic optics and spectacle frames) published by the British Standards Institution as effective immediately before 9th March 1999;]

“supplier” includes a person replacing or repairing an optical appliance;

“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F25“tax credit” has the same meaning as in section 1(2) of the Tax Credits Act 2002;]

[F26“universal credit” means universal credit under Part 1 of the Welfare Reform Act  2012;]

F2...

[F27“voucher” for the purpose of enabling a payment to be made under these Regulations means–

(a)

F28...

(b)

in Part IV, a voucher form supplied–

(i)

where a testing of sight is carried out otherwise than by [F29a Health Board], by the Health Board to the person who carries it out;

(ii)

where a testing of sight is carried out by [F30a Health Board], by the [F31Health Board];

(c)

in Part V, a voucher form supplied to the supplier by the Health Board.]

[F32“working tax credit” means working tax credit under the Tax Credits Act 2002;]

(3) For the purposes of Schedule 1–

(a)where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and

(b)[F33subject to sub-paragraph (bb),] where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight; and

[F34(bb)where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and]

(c)a monocle shall be treated as though it were glasses.

[F35(3A) A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of the [F36Health Board.]]

(4) In these Regulations, unless the context otherwise requires, a reference–

(a)to a numbered regulation, Part or Schedule is to the regulation in, Part of, or Schedule to, these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c)in Schedule 1 to a numbered paragraph is to the paragraph in column 1 in that Schedule bearing that number.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.4.1998, see reg. 1(1)

(1)

1992 c. 4. The capital limit is prescribed for the purposes of income support in regulation 45 of S.I. 1987/1967. Whilst £8,000 is applicable in most cases there is a limit of £16,000 in certain cases prescribed in regulation 53(1B) of these Regulations. Regulation 45 was substituted by regulation 12(1)(a) of S.I. 1996/462, regulation 12(1)(b)(ii) of which also added regulation 53(1B).