2004 No. 1042 (W.124)
NATIONAL HEALTH SERVICE, WALES

The National Health Service (Travelling Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2004

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 38, 78(1), 83A, 126(4) and 128(1) of and paragraph 2A of Schedule 12 to, the National Health Service Act 19771 hereby makes the following Regulations:

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2004 and will come into force on 6th April 2004.

(2)

In these Regulations —

“the 1988 Regulations” (“Rheoliadau 1988”) means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 19882;
“the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 19973;
“the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 19864.

(3)

These Regulations apply to Wales only.

Amendment of regulation 4 of the 1988 Regulations2.

In regulation 4(2)(j) of the 1988 Regulations (description of persons entitled to full remission and payment), for “requirements equal or exceed his or her income resources”, substitute “income resources do not exceed his or her requirements or exceed his or her requirements by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000”5.

Amendment of regulation 8 of the 1997 Regulations3.

In regulation 8(3)(e) of the 1997 Regulations (eligibility — supply of optical appliances), after “requirements as so calculated”, insert “or exceed his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000”.

Amendment of regulation 13 of the 1986 Regulations4.

In regulation 13(2)(e) of the 1986 Regulations (sight tests — eligibility), for “or equal to his requirements as so calculated”, substitute “his requirements as so calculated or exceed his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000”.

Use of these Regulations5.

(1)

Where a person’s entitlement to payment of National Health Service travelling expenses or the full remission of a National Health Service charge under regulation 4 of the 1988 Regulations is determined on or after the 6th April 2004, it must be determined in accordance with the amendment made by regulation 2 of these Regulations irrespective of when the charge is made or the National Health Service travelling expenses are incurred.

(2)

Where a person’s entitlement to a payment for or towards the cost of an optical appliance under regulation 8 of the 1997 Regulations, or a person’s eligibility for a sight test under regulation 13 of the 1986 Regulations is determined on or after the 6th April 2004, such entitlement or eligibility must be determined in accordance with the amendments made by regulations 3 or 4 of these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
Rhodri Morgan
First Minister for Wales
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (“the 1988 Regulations”), the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Service) Regulations 1986 (“the 1986 Regulations”).

The 1988 Regulations provide for the remission of National Health Service (“NHS”) charges and for the payment of travelling expenses in certain cases.

The 1997 Regulations provide for a scheme of payments to be made by Local Health Boards and NHS Trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances.

The 1986 Regulations contain provision for the arrangements for the provision of general ophthalmic services under the NHS.

The changes made by these Regulations increase the income level at which entitlement arises to repayment of travel expenses and a full remission of NHS charges, an NHS sight test and a voucher towards the cost of an optical appliance. The income level at which entitlement arises is increased from that which is equal (or less than) a person’s requirements to that which exceeds his or her requirements by fifty per cent or less of the NHS prescription charge currently payable in accordance with the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (the charge is currently £6.40).