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The Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2008

S.R. 2008/423 · Made 20 October 2008

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.

Health And Personal Social Services

Made 20th October 2008

Coming into operation 27th October 2008

The Department of Health, Social Services and Public Safety f1 makes the following Regulations in exercise of the powers conferred by Articles 62, 98, 106 and 107(6) of, and Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972 f2, with the approval of the Department of Finance and Personnel.

In accordance with Article 62 (3) of that Order it has consulted with such organisations as appeared to the Department to be representative of medical practitioners practising as ophthalmic medical practitioners, and ophthalmic opticians.

Annotations to the whole text

Footnotes

f1

See S.I. 1999/283 (N.I. 1) Article 3(6)

f2

S.I. 1972/1265 (N.I. 14) as amended by Article 3(2) of, and paragraph 3 of Schedule 1 to, the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)); paragraphs 4 and 5 of Article 8 of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)); Article 34 of, and Part II of Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), there are other amendments which are not relevant.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the principal Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

(2)

In these Regulations “the principal Regulations” means the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997 f1.

2Amendments to the principal Regulations

(1)

The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 1(2) (citation, commencement and interpretation), insert, after the definition of “an income–based jobseeker’s allowance” the following definition—

  • ““income–related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 (income related employment and support allowance) f1.”

(3)

In regulation 8(3) (eligibility – supply of optical appliances), delete “or” at the end of sub–paragraph (k) (ii) and, after sub–paragraph (m), add—

“(n)

he is in receipt of income–related employment and support allowance; or

(o)

he is a member of the same family as a person in receipt of income–related employment and support allowance.”.

(4)

In regulation 8 (4) (eligibility – supply of optical appliances), delete “and” at the end of sub–paragraph (b) and after sub–paragraph (d) add—

“(e)

and in sub–paragraph (p) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 f2.”.

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th October 2008.

L.S.

Christine Jendoubi

A senior officer of the Department of Health, Social Services and Public Safety

The Department of Finance and Personnel hereby approves the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 20th October 2008.

L.S.

Mary McIvor

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997 (“the principal 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.

Regulation 2 inserts a new definition into the principal Regulations and amends regulation 8 of those Regulations to provide that a person who is receiving income–related employment and support allowance (or a member of that person’s family) will be entitled to a voucher in respect of an optical appliance.