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

Statutory Rules of Northern Ireland

2008 No. 423

Health And Personal Social Services

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

Made

20th October 2008

Coming into operation

27th October 2008

The Department of Health, Social Services and Public Safety (1) 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 (2), 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.

Citation, commencement and interpretation

1.—(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 (3).

Amendments to the principal Regulations

2.—(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) (4).”

(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 (5).”.

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

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.

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.

(1)

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

(2)

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.

(3)

S.R. 1997 No. 191; relevant amending Regulations are S.R. 1998 No. 86, S.R. 1999 Nos. 111 and 394, S.R. 2000 No. 51, S.R. 2001 No. 133, S.R. 2002 No. 85, S.R. 2003 Nos. 176 and 424, S.R. 2004 Nos. 92, 113, 162 and 188, S.R. 2005 No. 71, S.R. 2006 No. 106, S.R. 2007 No. 141 and S.R. 2008 No. 128.

(4)

2007 c.2

(5)

S.R. 2008 No. 280