The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Infertility treatment: seriously injured serving members and veterans

8.—(1) This regulation applies to a person who is a serving member of the armed forces or a veteran of the armed forces where that person—

(a) has been severely injured in service; and

(b) as a result of the injury sustained—

(i) suffers from infertility, and

(ii) is in receipt of compensation for infertility under the Armed Forces Compensation Scheme; and

(c) after specialist sperm retrieval, wishes to receive infertility treatment and is eligible for, and has been accepted for, such treatment.

(2) The Board must arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of infertility treatment to a person to whom this regulation applies and to that person’s partner.

(3) The infertility treatment referred to in paragraph (2) must—

(a) in any case, include funding the cost of sperm storage facilities;

(b) where, and to the extent that, the Board is satisfied that it is clinically appropriate in the circumstances of any particular case, include up to three cycles of in vitro fertilisation treatments or other means of assisted conception;

(c) be provided at the same facility at which the specialist sperm retrieval took place and the extracted sperm of that person is stored.

(4) For the purposes of this regulation and regulation 9, “partner” is to be construed in accordance with regulation 7(6) to (9).