Explanatory note

These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (“the Prescription Charges Regulations”), which include the charges that are payable for the supply of NHS drugs and appliances in England. They also amend the Primary Ophthalmic Services Regulations 2008 (“the POS Regulations”), which make provision for who is entitled to free NHS sight tests under the National Health Service Act 2006, and the National Health Service (Optical Charges and Payments) Regulations 2013 (“the Optical Charges Regulations”), which provide help by means of a voucher system for certain eligible groups for the supply, replacement and repair of optical appliances. They also amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the TERC Regulations”), which provide, directly and indirectly, for people in England who are in receipt of certain benefits or on low incomes both to be reimbursed for certain travel expenses incurred in obtaining NHS care and to be exempt from paying NHS prescription and dental charges. For present purposes, the relevant arrangements for help with health costs provided for by the TERC Regulations, the POS Regulations and the Optical Charges Regulations are known as the NHS Low Income Scheme.

The Secretary of State is given a discretion to grant membership of the NHS Low Income Scheme to people coming to the United Kingdom as part of medical evacuation arrangements from a conflict zone. This membership is to be for a specified period, although that period may be extended (regulations 2 to 4).

The Prescription Charges Regulations are amended in three respects. Firstly, drugs supplied as part of NHS treatment for tuberculosis, its effects or the effects of its treatment are to be supplied free of any prescription charge that would otherwise be payable (regulation 5). Secondly, amendments were made by the National Health Service (Charges, Remission of Charges and Pharmaceutical Services etc.) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/636) to enable automatic cancellation of, and refunds for, prepayment certificates purchased by persons who become entitled to a maternity or medical exemption certificate – but people undergoing treatment for or related to cancer were inadvertently left out of those automatic arrangements and this has been corrected (regulation 6). Thirdly, regulation 17 is amended so that the refunds for pre-payment certificates mirror the cost of purchasing them, and in doing so this reflects the increase in the costs of pre-payment certificate as set out in regulation 16, as amended by the National Health Service (Charges for Drugs and Appliances) (Amendment) Regulation 2024 (S.I. 2024/456). The figure for a 3-month pre-payment certificate is now £32.05 instead of £31.25, and the figure for a 12-months pre-payment certificate is now £114.50 instead of £111.60 in respect of the refunding arrangements that apply in the circumstances specified in that regulation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen, and only a limited impact on the public sector, below the threshold for producing a full impact assessment.