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Regulation 5 Sight test treated as a test under general ophthalmic services

(1)

A person whose sight is tested by a contractor, but who was not an eligible person immediately before the testing and is shown—

(a)

during the testing to fall within the description specified in sub-paragraph (e) of regulation 3(1); or

(b)

in accordance with paragraph (3), within 3 months after the testing to fall within any of the descriptions specified in regulation 3(2) (c) or (d),

shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested.

(2)

Where paragraph (1) applies the testing shall be treated as a testing of sight under section 115 for the purposes of regulation 8(1)(a) of the Charges Regulations, as well as for the purposes specified in section 115(10)(a).

(3)

For the purposes of paragraph (1)(b), a person is shown to fall within a description specified in regulation 3(2) (c) or (d), if he presents to the PCT a notice of entitlement which is effective for a period which includes the date of the testing of sight or for a period beginning no later than 14 days after the date of the testing of sight.

(4)

Subject to the provisions of the Charges Regulations, where a testing of a person’s sight is treated by virtue of paragraphs (1)(b), (2) and (3) as a testing of sight under section 115 the PCT shall, on being presented with a receipt for, or other evidence of, any fee paid for the testing, and on being satisfied as to its amount, pay to that person an amount equal to that fee.