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The National Health Service (Personal Dental Services Agreements) Regulations 2005
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Changes over time for: Paragraph 12
Version Superseded: 25/11/2022
Alternative versions:
- 01/01/2006- Amendment
- 14/09/2020
Point in time - 25/11/2022- Amendment
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Point in time view as at 14/09/2020. This version of this provision has been superseded.
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Repair or replacement of restorationsE+W
This section has no associated Explanatory Memorandum
12.—(1) Subject to sub-paragraph (5), where a restoration specified in sub-paragraph (2) needs to be repaired or replaced the contractor shall repair or replace the restoration at no charge to the patient.
(2) The restorations referred to in sub-paragraph (1) are any filling, root filling, inlay, porcelain veneer or crown provided by the contractor to a patient in the course of providing services under the agreement, including referral services, which, within the relevant period, has to be repaired or replaced to secure oral health.
(3) The repair or replacement of a restoration specified in sub-paragraph (2) is a banded course of treatment for the purposes of calculating the number of units of dental activity and paragraph 1 of Schedule 2 shall apply notwithstanding that no charge is made or recovered in accordance with the NHS Charges Regulations.
(4) The band in which the restoration specified in sub-paragraph (2) falls shall be determined in accordance with the NHS Charges Regulations.
(5) Sub-paragraph (1) shall not apply where—
(a)within the relevant period, a person other than the contractor has provided treatment on the tooth in respect of which the restoration was provided;
(b)the contractor advised the patient at the time of the restoration and indicated on the patient record that—
(i)the restoration was intended to be temporary in nature; or
(ii)in its opinion, a different form of restoration was more appropriate to secure oral health but, notwithstanding that advice, the patient nevertheless requested the restoration which was provided;
(c)in the opinion of the contractor, the condition of the tooth in respect of which the restoration was provided is such that the restoration cannot satisfactorily be repaired or replaced and different treatment is now required; or
(d)the repair or replacement is required as a result of trauma.
(6) In this paragraph “the relevant period” means the 12 month period beginning on the date on which the restoration was provided, and ceasing twelve months after that date.
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