The National Health Service (Optical Charges and Payments) Regulations 2013

PART 8 E+W MISCELLANEOUS

Amounts wrongly paid E+W

25.—(1) Where a person who is not an eligible person declares that they are an eligible person and as a consequence [F1 NHS England] makes a payment to that person under these Regulations, [F1 NHS England] may recover the amount of that payment from that person.

(2) Where a supplier makes a claim for a payment to [F1 NHS England], representing that the conditions specified in regulation 5(2), 14(2) or 19(2) are met, but those conditions are not met and [F1 NHS England] makes a payment to the supplier under these Regulations, [F1 NHS England] may recover the amount of that payment from the supplier.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Signatures and claims for payments E+W

26.— [F2 (1)] A signature required by these Regulations may be given, and a claim for a payment pursuant to regulations 6 or 24 may be made —

(a) on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;

(b) on behalf of any other person who is incapable of giving the signature or making the claim, by a relative or any other adult who has the care of that person; or

(c) on behalf of any person under 18 years of age who is—

(i) looked after by a local authority within the meaning of section 22(1) of the Children Act 1989 M1 (general duty of local authority in relation to children looked after by them), by a person authorised by that authority;

(ii) accommodated by a voluntary organisation within the meaning of section 59 of the Children Act 1989 M2 (provision of accommodation by voluntary organisations), by that organisation or a person authorised by it.

[F3 (2) A signature required by these Regulations must—

[F4 (i) subject to paragraph (3) where an electronic form is used, be provided electronically, or]

(ii) where a paper form is used be in ink,

and must be in the signatory’s own handwriting with the signatory’s initials or forename and surname and not by means of a stamp or a reproduced image.]

[F5 (3) A signature in ink may be provided on a paper form separate from the document to which it relates in such exceptional circumstances as NHS England may reasonably determine.]

Textual Amendments

F2 Reg. 26 renumbered as reg. 26(1) (1.12.2017) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(2), 8(6)

F3 Reg. 26(2) inserted (1.12.2017) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(2), 8(7)

F4 Reg. 26(2)(i) substituted (1.1.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(10)(a)

F5 Reg. 26(3) inserted (1.1.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(10)(b)

Marginal Citations

M1 1989 c.41. Section 22(1) of the Children Act 1989 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22), section 2 of the Children (Leaving Care) Act 2000 (c.35), and section 116 of the Adoption and Children Act 2002 (c.38).

M2 Section 59 of the Children Act 1989 was amended by section 49 of the Children Act 2004 (c.31), paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008 (c.23).

[F6 Claims, signatures and evidence of eligibility during a pandemic etc. E+W

26A.— (1) Where, by virtue of these Regulations, a person is required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence.

(3) An announcement under paragraph (1) may be withdrawn or amended at any time.]

Textual Amendments

F6 Reg. 26A inserted (14.9.2020) by The National Health Service (Coronavirus) (Charges and Further Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020 (S.I. 2020/885), regs. 1(2), 3(2)

Exercise of [F1 NHS England’s] functions under these Regulations E+W

27.  NHS trusts and NHS foundation trusts are prescribed for the purposes of section 180(6A) of the 2006 Act M3 (payments in respect of costs of optical appliances and sight tests).

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Marginal Citations

M3 Section 180(6A) was inserted by paragraph 96 of Schedule 4 to the Health and Social Care Act 2012.

Transitional Provisions E+W

28.—(1) Where, before 1st April 2013, a person was issued with a voucher pursuant to regulations 9, 10, 11 or 16 of the 1997 Regulations, but that voucher has not been accepted before that date, such a voucher may be accepted in accordance with the provisions of the 1997 Regulations as though they remained in force.

(2) The amounts specified in regulation 20(1)(b) and (3), column 3 of Schedule 1, and Schedules 2 and 3 shall apply only to a voucher accepted on or after 1st April 2013 pursuant to regulation 12 or 18.

(3) Where, before 1st April 2013, a person made a claim for payment under regulation 6 or 20 of the 1997 Regulations, but that claim has not been determined before that date, the claim must be determined in accordance with the provisions of the 1997 Regulations as though they remained in force.

(4) For the purposes of paragraphs (1) and (3), references to the responsible authority in the 1997 Regulations shall be taken as a reference to [F1 NHS England].

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Revocations E+W

29.  The Regulations specified in column 1 of Schedule 4 are revoked to the extent specified in column 3 of that Schedule.