{
  "url": "https://openlegislation.uk/national-health-service-optical-charges-and-payments-regulations-1989/regulation-8",
  "json_url": "https://openlegislation.uk/national-health-service-optical-charges-and-payments-regulations-1989/regulation-8.json",
  "legislation": "uksi/1989/396",
  "legislation_title": "The National Health Service (Optical Charges and Payments) Regulations 1989",
  "legislation_url": "https://openlegislation.uk/national-health-service-optical-charges-and-payments-regulations-1989",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Eligibility—supply of optical appliances",
  "text": "(1) A payment shall be made as provided for by this Part of these Regulations to meet, or to contribute towards, the cost incurred (whether by way of charge under the Act or otherwise) for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight of an eligible person–\n(a) which took place under the Act; or\n(b) which took place otherwise than under the Act and within the locality in which the person whose sight was tested normally resides or within a reasonable travelling distance of his home.\n(2) An eligible person is a person who at the time of the supply of the optical appliance is any of the following:–\n(a) a child;\n(b) a person under the age of 19 years and receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act;\n(c) a person whose resources are treated, in accordance with paragraph (3), as being less than his requirements;\n(d) a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under this Part of these Regulations and whose capital resources do not exceed the capital limit;\n(e) a person for whom a prescription is issued for a complex appliance.\n(3) A person’s resources shall be treated as being less than his requirements if–\n(a) he is in receipt of income support;\n(b) he is a member of the same family as a person who is in receipt of income support;\n(c) he is in receipt of family credit;\n(d) he is a member of the same family as a person who is in receipt of family credit;\n(e) his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit; or\n(f) he is a member of the same family as a person described in paragraph (e) of this paragraph.\n(4) In paragraph (3)(b) and (f) “family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support and in paragraph (2)(d) it has the meaning assigned to it by virtue of section 20(11) of that Act as it applies to family credit.\n(5) For the purposes of regulation 11 and other provisions of this Part of these Regulations as they apply to payments where the testing of sight was by a health authority, a person is also an eligible person if, because of the frequency with which the condition of his eyes changes, he is considered by the health authority to be non-tolerant of his existing optical appliance.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph 7 was substituted by the Health Services Act 1980 (c. 53), Schedule 5, paragraph 4."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1986 c. 50; see S.I. 1987/1967 regulations 14 to 16 as amended by S.I. 1988/1445 and 663."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1987/1973 regulations 6 to 9 as amended by S.I. 1988/660."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/1991/583",
      "affecting_title": "The National Health Service (Optical Charges and Payments) (Miscellaneous Amendments) Regulations 1991"
    },
    {
      "type": "added",
      "affecting": "uksi/1995/691",
      "affecting_title": "The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1995"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1995/691",
      "affecting_title": "The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1995"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/2328",
      "affecting_title": "The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1996"
    },
    {
      "type": "rev.in pt.",
      "affecting": "uksi/1996/2328",
      "affecting_title": "The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/2328",
      "affecting_title": "The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1996"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/396/regulation/8",
    "retrieved_at": "2026-10-29T15:47:59.924300+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}