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- Point in Time (01/04/2019)
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Point in time view as at 01/04/2019.
There are currently no known outstanding effects for the The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998, Section 16.
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16.—(1) A patient who considers that a payment may be made under this Part in his case in respect of the replacement or repair of his optical appliance may indicate to the supplier that he wishes such a payment may be made.
[F1(2) In the case of a replacement, the supplier shall–
(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
(b)mark on the voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;
(c)duly complete the relevant part of the voucher with–
(i)the name and address of the patient,
(ii)the patient’s date of birth;
(d)if the patient has been asked for, but not produced, satisfactory evidence of entitlement, record the fact on the voucher.
(3) In the case of a repair, the supplier shall–
(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
(b)mark on the voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be repaired as set out in column 1 of that Schedule;
(c)indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises–
(i)the replacement or repair of one or more lens included in the appliance and, if so, how many,
(ii)the repair of a frame and, if so, whether it is the whole frame, the front of the frame or one or both sides of the frame;
(d)duly complete the relevant parts of the voucher with–
(i)the name and address of the patient,
(ii)the patient’s date of birth;
(e)if the patient has been asked for, but not produced, satisfactory evidence of entitlement, record the fact on the voucher.]
(4) The patient shall sign on the voucher–
(a)a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
(b)a declaration in writing to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and
(c)an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
(5) A patient who is an eligible person only by virtue of regulation 8(2)(d) or only by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall show a current notice of entitlement to the supplier and permit [F2the supplier] to copy such details as may be required for the purposes of regulation 18(2)(b)(iv) [F3or (2C)(b)(v)].
(6) In a case to which regulation 15(1)(b) applies, a supplier intending to use the voucher under regulation 17 shall first submit it to the responsible authority so that it may be satisfied as to the circumstances in which the loss or damage occurred and give its approval to the use of the voucher.
Textual Amendments
F1Reg. 16(2)(3) substituted (1.5.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(c), 6
F2Words in reg. 16(5) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 7(a)
F3Words in reg. 16(5) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 7(b)
Commencement Information
I1Reg. 16 in force at 1.4.1998, see reg. 1(1)
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