Regulation 8 Eligibility — supply of optical appliancesI1

Northern Ireland

(1)

A payment shall be made as provided for by this Part to meet, or to contribute towards, the cost incurred (whether by way of charge under the Order 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—

(a)

which took place under the Order; or

(b)

which took place otherwise than under the Order.

(2)

An eligible person is a person who at the time of the supply of the optical appliance is any of the following:—

(a)

a child;

(b)

a person whose resources are treated, in accordance with paragraph (3), as being less than his requirements;

(c)

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 Order, 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 and whose capital resources do not exceed the capital limit;

(d)

a person for whom a prescription is issued for a complex appliance.

(3)

A person’s resources shall be treated as being less than his requirements if—

(a)

he is in receipt of income support;

(b)

he is a member of the same family as a person who is in receipt of income support;

(c)

he is in receipt of family credit;

(d)

he is a member of the same family as a person who is in receipt of family credit;

(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 Order, are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit; or

(f)

he is a member of the same family as a person described in sub-paragraph (e);

(g)

he is in receipt of disability working allowance;

(h)

he is a member of the same family as a person described in head (g);

(i)

he is in receipt of an income-based jobseeker’s allowance; or

(j)

he is a member of the same family as a person described in sub-paragraph (i).

(4)

In paragraph (3), “family” (in reference to membership of the same family) has the meaning given to it by section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(a)

as it applies to income support^f1, in the case of paragraph (3)(b) and (f);

(b)

as it applies to family credit^f2, in the case of paragraph (3)(d); and

(c)

as it applies to disability working allowance^f3, in the case of paragraph (3)(h)

and has the meaning given to it by Article 2(2) of the Jobseekers (Northern Ireland) Order 1995^f4 in the case of paragraph (3)(j).

(5)

For the purpose of regulation 11 and other provisions of this Part as they apply to payments where the testing of sight was by an HSS trust, 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 HSS trust to be non-tolerant of his existing optical appliance.

Annotations

Commencement

I1: Reg. 8 in operation at 1.4.1997, see reg. 1(1)

Footnotes

f1: See S.R. 1987 No. 459, Regulations 14 to 16; relevant amending Regulations are S.R. 1988 No. 146, S.R. 1989 No. 139, S.R. 1990 Nos. 131 and 387, S.R. 1993 Nos. 149 and 373, and S.R. 1996 Nos. 199 and 405
f2: See S.R. 1987 No. 463, Regulations 6 to 9; relevant amending Regulations are S.R. 1988 No. 131, S.R. 1990 Nos. 138 and 387 and S.R. 1993 No 373
f3: See S.R. 1992 No. 78, Regulations 8 to 11 as amended by S.R. 1993 No. 373
f4: See S.R. 1996 No. 198, Regulations 76 to 78 as amended by S.R. 1996 No. 358