The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2003

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2003.

(2) Subject to paragraph (3) these Regulations will come into force on 1st April 2003.

(3) Regulations 2, 3, 4, 8 and 9 will come into force on 6th April 2003.

(4) In these Regulations unless the context otherwise requires —

• “the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 1997(1);

• “the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986(2).

(4) These Regulations apply to Wales only.

Amendment of regulation 1 of the 1997 Regulations

2.—(1) Regulation 1 of the 1997 Regulations (citation, commencement and interpretation), is amended in accordance with the following provisions of this regulation.

(2) Omit the definitions of —

• “amount withdrawn”

• “disabled person’s tax credit”

• “working families' tax credit”.

(3) In the appropriate positions in alphabetical order insert the following definitions—

““child tax credit” means child tax credit under section 8 of the Tax Credits Act 2002(3);

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

“gross annual income” means income that is calculated for a tax year for the purposes of Part I of the Tax Credits Act 2002 in accordance with regulations made under section 7 of that Act;

“working tax credit” means working tax credit under section 10 of the Tax Credits Act 2002;”.

Amendment of regulation 8 of the 1997 Regulations

3.—(1) Regulation 8 of the 1997 Regulations (eligibility — supply of optical appliances) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)—

(a) after sub-paragraph (k) insert the following sub-paragraph—

“(l) he is a member of a family—

(i) that has a gross annual income of £14,200 or less, and

(ii) one member of which is receiving—

(aa) working tax credit and child tax credit, or

(bb) working tax credit which includes a disability element; or

(cc) child tax credit, but is not eligible to receive working tax credit.”.

(b) sub-paragraphs (c), (d), (g) and (h) are omitted.

(3) For paragraph (4) substitute the following paragraph—

“(4) In paragraph (3), “family” has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992(4) as it applies to income support except that —

(a) in sub-paragraph (j) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995(5); and

(b) in sub-paragraph (l) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002(6).”.

Insertion of regulation 12A into the 1997 Regulations

4.  After regulation 12 of the 1997 Regulations (use of vouchers for the supply of optical appliances) insert the following regulation—

“Notices of entitlement

12A— (1) If a person is entitled to the payment of, or contribution towards, the cost incurred for the supply of an optical appliance because he or she is a member of a family described in regulation 8(3)(l), the National Assembly for Wales will issue a notice of entitlement;

(2) A notice of entitlement issued in accordance with paragraph (1) will apply to —

(a) the person to whom it is issued and who is named on the notice of entitlement, and

(b) any other members of his or her family.

(3) A notice of entitlement issued in accordance with paragraph (1) will be effective—

(a) from such date; and

(b) for such period,

as the National Assembly for Wales may determine.

(4) Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice has been issued in accordance with paragraph (1), during the period for which the notice of entitlement has been issued, will not affect the validity of the notice of entitlement in respect of that period.”.

Amendment of regulation 19 of the 1997 Regulations

5.  In regulation 19 of the 1997 Regulations (redemption value of voucher for replacement or repair)—

(a) in paragraph (1)(b), for “£44.60” substitute “£45.70”; and

(b) in paragraph (3), for “£11.50” substitute “£11.80”.

Amendment of the Schedules to the 1997 Regulations

6.—(1) In Schedule 1 to the 1997 Regulations (voucher letter codes and face values — supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table.

TABLE

(1)	(2)
Old amount	New amount
£ 30.50	£ 31.30
£ 46.40	£ 47.60
£ 63.20	£ 64.80
£ 142.70	£ 146.30
£ 52.70	£ 54.00
£ 67.00	£ 68.70
£ 81.00	£ 83.00
£ 157.00 (in both places where it appears)	£ 160.90
£ 44.60	£ 45.70

(2) In Schedule 2 to the 1997 Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a) in paragraph 1(1)(a) (prism — single vision lens), for “£9.90” substitute “£10.10”;

(b) in paragraph 1(1)(b) (prism — other lens), for “£11.90” substitute “£12.20”;

(c) in paragraph 1(1)(c) (single vision tinted lens), for “£3.30” substitute “£3.40”;

(d) in paragraph 1(1)(d) (other tinted lens), for “£3.80” substitute “£3.90”;

(e) in paragraph 1(1)(e) (small glasses)—

(i) for “£50.20” substitute “£51.50”,

(ii) for “£44.60” substitute “£45.70”, and

(iii) for “£24.20” substitute “£24.80”;

(f) in paragraph 1(1)(g) (specially manufactured frames) for “£50.20” substitute “£51.50”;

(g) in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£10.70” substitute “£11.00”.

(h) in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£27.00” substitute “£27.70”.

(3) For Schedule 3 to the 1997 Regulations (voucher values — repair), substitute the Schedule 3 set out in the Schedule to these Regulations.

Use of these Regulations

7.  The amendments made by regulations 5 and 6 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulations 12 or 17 of the 1997 Regulations on or after 1st April 2003.

Amendment of regulation 2 of the 1986 Regulations

8.—(1) Regulation 2 of the 1986 Regulations (interpretation), is amended in accordance with the following provisions of this regulation.

(2) Omit the definitions of —

• “amount withdrawn”

• “disabled person’s tax credit”

• “working families' tax credit”.

(3) In the appropriate positions in alphabetical order insert the following definitions—

““child tax credit” means child tax credit under section 8 of the Tax Credits Act 2002(7);

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

“gross annual income” means income that is calculated for a tax year for the purposes of Part I of the Tax Credits Act 2002 in accordance with regulations made under section 7 of that Act;

“working tax credit” means working tax credit under section 10 of the Tax Credits Act 2002;”.

Amendment of regulation 13 of the 1986 Regulations

9.—(1) Regulation 13 of the 1986 Regulations (sight tests — eligibility) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (2),

(a) after sub-paragraph (j) insert the following sub-paragraph—

“(k) he is a member of a family—

(i) that has a gross annual income of £14,200 or less, and

(ii) one member of which is receiving—

(aa) working tax credit and child tax credit, or

(bb) working tax credit which includes a disability element; or

(cc) child tax credit, but is not eligible to receive working tax credit.”.

(b) sub-paragraphs (c), (d), (g) and (h) are omitted.

(3) For paragraph (3) substitute the following paragraph—

“(3) In paragraph (2), “family” has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992(8) as it applies to income support except that —

(a) in sub-paragraph (j) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995(9); and

(b) in sub-paragraph (k) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002(10).”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(11)

D. Elis- Thomas

The Presiding Officer of the National Assembly

31st March 2003