Regulation 26 Signatures and claims for payments
England and Wales
A signature required by these Regulations may be given, and a claim for a payment pursuant to regulations 6 or 24 may be made —
on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;
on behalf of any other person who is incapable of giving the signature or making the claim, by a relative or any other adult who has the care of that person; or
on behalf of any person under 18 years of age who is—
looked after by a local authority within the meaning of section 22(1) of the Children Act 1989 M1 (general duty of local authority in relation to children looked after by them), by a person authorised by that authority;
accommodated by a voluntary organisation within the meaning of section 59 of the Children Act 1989 M2 (provision of accommodation by voluntary organisations), by that organisation or a person authorised by it.
Regulations 12(4) and 17(4) and the related conditions under, respectively, regulations 14(2)(a) and 19(2)(a) do not apply in respect of a person who is an eligible person by virtue of regulation 8(2)(g) where—
that person is incapable of giving the signature, and
the parent, guardian, adult relative or other adult who has the care of that person is not present.
A signature required by these Regulations must—
subject to paragraph (3) where an electronic form is used, be provided electronically, or
where a paper form is used be in ink,
and must be in the signatory’s own handwriting with the signatory’s initials or forename and surname and not by means of a stamp or a reproduced image.
A signature in ink may be provided on a paper form separate from the document to which it relates in such exceptional circumstances as NHS England may reasonably determine.
Annotations
Textual amendments
- F1
Reg. 26 renumbered as reg. 26(1) (1.12.2017) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(2), 8(6)
- F2
Reg. 26(1A) inserted (19.12.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2024 (S.I. 2024/1250), regs. 1(2), 4(10)
- F3
Reg. 26(2) inserted (1.12.2017) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(2), 8(7)
- F4
Reg. 26(2)(i) substituted (1.1.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(10)(a)
- F5
Reg. 26(3) inserted (1.1.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(10)(b)
Marginal citations
- M1
1989 c.41. Section 22(1) of the Children Act 1989 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22), section 2 of the Children (Leaving Care) Act 2000 (c.35), and section 116 of the Adoption and Children Act 2002 (c.38).
- M2
Section 59 of the Children Act 1989 was amended by section 49 of the Children Act 2004 (c.31), paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008 (c.23).