The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017

Transitional provision relating to the 1997 Regulations

7.—(1) This regulation applies where, before 1 April 2017, a cost is incurred by a person in respect of the supply, replacement or repair of an optical appliance before 1 April 2017 and—

(a) immediately before that date, that person was eligible for a payment by virtue of regulation 8 (eligibility – supply of optical appliances) or regulation 15 (eligibility – replacement or repair) of the 1997 Regulations; and

(b) but for the application of paragraph (2), that person’s entitlement would cease by virtue of the amendments made to regulation 8 of those Regulations by regulation 4 of these Regulations.

(2) Where this regulation applies, regulation 20 of the 1997 Regulations (payments to patients in respect of the supply, replacement or repair of optical appliances) continues to have effect in relation to that person’s eligibility for a payment as if the amendments made by regulation 4 of these Regulations had not come into force.

(3) This paragraph applies where—

(a) before 1 April 2017, a person was issued with a voucher in accordance with regulation 9 (issue of vouchers by ophthalmic medical practitioners or opticians), 10 (issue of vouchers by NHS trusts) or 11 (issue of replacement vouchers by NHS trusts or health authorities) of the 1997 Regulations; and

(b) that voucher has not been accepted before that date.

(4) Where paragraph (3) applies, such a voucher must be processed in accordance with the provisions of the 1997 Regulations as if the amendments made by regulation 4 of these Regulations had not come into force.