The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provisions) Regulations 2016

Transitional provision relating to the amendment of the 2013 Regulations

6.—(1) This paragraph applies where, during the period beginning on 1st November 2015 and ending on 30th November 2016—

(a) a cost is incurred by a person in respect of the supply, replacement or repair of an optical appliance;

(b) that person was eligible for a payment by virtue of regulation 8 (eligibility for a voucher - supply of optical appliances) or 16 (eligibility for a voucher - replacement or repair) of the 2013 Regulations; and

(c) but for the application of paragraph (2), that person’s entitlement would cease by virtue of the amendments made to regulation 8 of those Regulations by regulation 4.

(2) Where paragraph (1) applies, regulation 24 of the 2013 Regulations (1) (payments to persons in respect of the supply, replacement or repair of optical appliances) continues to have effect in relation to that person’s eligibility for a payment as if the amendments made by regulation 4 had not come into force.

(3) This paragraph applies where—

(a) during the period beginning on 1st November 2015 and ending on 30th November 2016, a person was issued with a voucher in accordance with regulation 9 (issue of vouchers by ophthalmic practitioners), 10 (issue of vouchers by NHS trusts) or 11 (issue of replacement vouchers) of the 2013 Regulations; and

(b) that voucher has not been accepted during that period.

(4) Where paragraph (3) applies, such a voucher must be processed in accordance with the provisions of the 2013 Regulations as if the amendments made by regulation 4 had not come into force.

(1)

S.I. 2013/461. Regulation 24 was substituted by S.I. 2013/1856.