PART 8MISCELLANEOUS
Amounts wrongly paid25.
(1)
(2)
Where a supplier makes a claim for a payment to F1NHS England, representing that the conditions specified in regulation 5(2), 14(2) or 19(2) are met, but those conditions are not met and F1NHS England makes a payment to the supplier under these Regulations, F1NHS England may recover the amount of that payment from the supplier.
Signatures and claims for payments26.
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.
F6Claims, signatures and evidence of eligibility during a pandemic etc.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.
Exercise of F1NHS England’s functions under these Regulations27.
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).
Transitional Provisions28.
(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 F1NHS England.
Revocations29.
The Regulations specified in column 1 of Schedule 4 are revoked to the extent specified in column 3 of that Schedule.