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The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2015

S.S.I. 2015/86 · Made 26 February 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

National Health Service

Made 26th February 2015

Laid before the Scottish Parliament 2nd March 2015

Coming into force 1st April 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(1), 73(a), 74(a), 105(7) and 108(1) of, and paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 1978f1, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1978 c.29. Section 70(1) was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”) Schedule 3. Section 105(7) was amended by the Health Services Act 1980 (c.53) (“the 1980 Act”) Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41) Schedule 9, Part I, paragraph 24 and the Health Act 1999 (c.8) Schedule 4, paragraph 60. Section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. Paragraph 2 of Schedule 11 was substituted by the 1988 Act section 11 and Schedule 2, paragraph 15(1) and Schedule 3 and amended by the Health and Social Security Act 1984 (“the 1984 Act”) Schedules 1 and 8 and the 1980 Act Schedule 5. Paragraph 2A of Schedule 11 was inserted by the 1984 Act Schedule 1, Part II, paragraph 7 and amended by the 1988 Act section 13(2) and (5), and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) section 13. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  3. 3Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  4. 4Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  5. 5Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  6. 6Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  7. 7Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  8. 8Application of regulations 4 to 7
  9. Signature
  10. Schedule Schedule
  11. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2015 and come into force on 1st April 2015.

(2)

In these Regulations, “the 1998 Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998f1.

2Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

The 1998 Regulations are amended in accordance with regulations 3 to 7.

3Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

(1)

Regulation 8 (eligibility - supply of optical appliances) is amended as follows.

(2)

In paragraph (3)(q), after “credit” insert “either as a single person or as a member of a couple”.

(3)

After paragraph (4)(d) insert—

“(e)

in sub-paragraph (q), “single person” is to be construed in accordance with section 1(2)(a) of the Welfare Reform Act 2012f1; and

(f)

in sub-paragraph (q), “couple” has the meaning given in section 39 of the Welfare Reform Act 2012f2.”.

4Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

(1)

Regulation 19 (redemption value of voucher for replacement or repair) is amended as follows.

(2)

In paragraph (1)(b), for “£55.80” substitute “£56.40”.

(3)

In paragraph (3)(a), for “£14.40” substitute “£14.60”.

(4)

In paragraph (3)(b), for “£63.00” substitute “£63.60”.

5Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

In Schedule 1 (voucher letter codes and face values supply and replacement) in column 3 (face value of voucher) for each amount specified in column 1 of the table below (old amount) substitute the amount specified in relation to it in column 2 (new amount).

Column 1Column 2
Old amountNew amount
£38.30£38.70
£58.10£58.70
£85.10£86.00
£192.20£194.10
£66.10£66.80
£84.00£84.80
£109.00£110.10
£211.30£213.40
£196.80£198.80
£55.80£56.40

6Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

For Schedule 2 (voucher values – repair), substitute the Schedule 2 set out in the Schedule to these Regulations.

7Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

(1)

Schedule 3 (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances) is amended as follows.

(2)

In paragraph 1(1)(a) for “£12.40” substitute “£12.50”.

(3)

In paragraph 1(1)(b) for “£15.00” substitute “£15.20”.

(4)

In paragraph 1(1)(c) for “£4.20” substitute “£4.30”.

(5)

In paragraph 1(1)(d) for “£4.70” substitute “£4.80”.

(6)

In paragraph 1(1)(e)—

(a)

in sub-head (i) for “£63.00” substitute “£63.60”;

(b)

in sub-head (ii) for “£55.80” substitute “£56.40”;

(c)

in sub-head (iii) for “£30.20” substitute “£30.50”.

(7)

In paragraph 1(1)(g) for “£63.00”, “£55.80” and “£30.20” substitute “£63.60”, “£56.40” and “£30.50” respectively.

(8)

In paragraph 2(a) for “£14.40” substitute “£14.50”.

(9)

In paragraph 2(b) for “£36.60” substitute “£37.00”.

8Application of regulations 4 to 7

The amendments made by regulations 4 to 7 apply only in relation to a voucher accepted pursuant to regulation 12 of the 1998 Regulations or used pursuant to regulation 17 of the 1998 Regulations after these Regulations come into force.

Signature

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th February 2015

“SCHEDULE 2

VOUCHER VALUES – REPAIR

Regulation 19(2) and (3)

Column 1Column 2
Nature of Repair to ApplianceLetter Codes-Values
ABCDEFGHI
£££££££££
Repair or replacement of one lens12.0522.0535.7089.7526.1035.1047.7599.4092.10
Repair or replacement of two lenses24.1044.1071.40179.5052.2070.2095.50198.80184.20
Repair or replacement of the front of a frame12.3512.3512.3512.3512.3512.3512.3512.3512.35
Repair or replacement of a side of a frame7.307.307.307.307.307.307.307.307.30
Repair or replacement of the whole frame14.6014.6014.6014.6014.6014.6014.6014.6014.60

”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”) which provide for payments to be made by means of a voucher system in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances.

The 1998 Regulations are amended to adjust the eligibility criteria in regulation 8 of the 1998 Regulations to reflect the bases on which individuals can receive universal credit (regulation 3).

These Regulations amend the voucher values in the 1998 Regulations to—

(a)

increase the redemption value of a voucher issued towards the cost of replacing a single contact lens to increase the maximum contribution by way of a voucher to the cost of repairing a frame and the maximum supplement for small glasses and special frames (regulation 4);

(b)

increase the value of vouchers issued towards the cost of supply and replacement of optical appliances (regulation 5);

(c)

increase the value of vouchers issued towards the cost of repair of optical appliances (regulation 6); and

(d)

increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances (regulation 7).

Regulation 8 provides that these increases to the voucher values apply only in relation to vouchers accepted or used after these Regulations come into force.