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The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

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7.—(1) Subject to the provisions of paragraphs 1(1) and 4 of Schedule 11 to the Act and to the following provisions of this regulation, no charge shall be payable under these Regulations by–

(a)a person who is under the age of 16 years;

(b)a person who is under the age of 19 years and is receiving qualifying full time education within the meaning of paragraph 7 of Schedule 11 to the Act(1);

(c)a person who is 60 years of age or over;

(d)a woman to whom a Health Board has issued an exemption certificate on the ground that she is an expectant mother or has within the last 12 months given birth to a live child or a child registrable as still-born under the Registration of Births, Deaths and Marriages (Scotland) Act 1965(2);

(e)a woman with a valid exemption certificate issued under arrangements for exemptions from charges for drugs and appliances in England, Wales or Northern Ireland on the ground that she is an expectant mother or has within the last 12 months given birth to a live child or a child registrable as still-born under the Births and Deaths Registration Act 1953(3);

(f)a person with a valid exemption certificate on the ground that the person is suffering from one or more of the following conditions–

(i)permanent fistula (including caecostomy, colostomy, laryngostomy or ileostomy) requiring continuous surgical dressing or an appliance;

(ii)forms of hypoadrenalism (including Addison’s disease) for which specific substitution therapy is required;

(iii)diabetes insipidus and other forms of hypopituitarism;

(iv)diabetes mellitus, except where treatment is by diet alone;

(v)hypoparathyroidsim;

(vi)myasthenia gravis;

(vii)myxoedema;

(viii)epilepsy requiring continuous anti-convulsive therapy; or

(ix)a continuing physical disability which prevents a patient from leaving a residence without the help of another person;

(g)a person with a valid exemption certificate issued under arrangements for exemptions from charges for drugs and appliances in England, Wales or Northern Ireland on the ground that he or she is suffering from one or more of the conditions specified in sub paragraph (f);

(h)a person to whom the Secretary of State has issued a valid exemption certificate in respect of the supply of drugs and appliances for the treatment of accepted disablement but only in respect of those supplies to which the certificate relates;

(i)a person in respect of the supply to that person of the drugs or preparations specified in Schedule 2;

(j)a person to whom a valid pre-payment certificate has been granted pursuant to regulation 8;

(k)a person with a valid pre-payment certificate issued under arrangements having effect in England or Northern Ireland in respect of charges for drugs and appliances.

(2) No exemption from a charge payable under these Regulations shall be granted unless–

(a)in the case of a charge payable to a chemist–

(i)a declaration of entitlement to exemption on a Scottish prescription form as defined in paragraph (a) of the definition of “Scottish prescription form”, on an equivalent prescription form, or on a supply form presented to a chemist, is duly completed and signed by or on behalf of the person claiming exemption;

(ii)on a supply form presented to the chemist, or a declaration of entitlement in respect of pharmaceutical services ordered on an electronic prescription form is duly completed and signed by or on behalf of the person claiming exemption; or

(iii)a declaration of entitlement to exemption is duly completed and signed by the patient or the patient’s representative in respect of an order for domiciliary oxygen issued by a prescriber in England or Wales for a patient normally resident in England or Wales;

(b)in the case of a charge payable to a doctor, a declaration of entitlement to exemption, which shall be in writing if the doctor so requires, is made to that doctor by the patient or the patient’s representative; or

(c)in the case of a charge payable by a Health Board under regulation 5, the person claiming exemption provides such evidence as the Health Board may reasonably require that the person is entitled to such exemption.

(3) A person who wishes to claim exemption under paragraph (1)(d) or (f) shall apply to the Health Board for an exemption certificate on a form provided by the Health Board for that purpose.

(4) If the Health Board is satisfied that an applicant is entitled to exemption from charges under paragraph (1)(d), it shall issue an exemption certificate which shall have effect in the case of an expectant mother until the end of her pregnancy, and–

(a)where she gives birth to a child registrable as still-born under the Registration of Births, Deaths and Marriages (Scotland) Act 1965, until the end of the period of 12 months beginning with the expected date of confinement; or

(b)in the case of a mother who has given birth to a live child, until the end of the period of 12 months beginning with the date of birth of that child.

(5) If a Health Board is satisfied that an applicant is entitled to exemption under paragraph (1)(f), it shall issue an exemption certificate to the applicant which shall have effect for such period as it may determine.

(6) Where a claim for exemption has been made but is not substantiated and in consequence of that claim a chemist, a doctor or a Health Board has not recovered a charge in respect of the supply of any drugs or appliances, the Health Board shall recover such charge from the person concerned.

(7) Any claim for exemption by reference to a patient’s age or the validity of an exemption certificate shall be determined by reference to the age or validity on the date on which any order for drugs or appliances is presented for dispensing or drugs appliances are supplied by a doctor or a Health Board.

(8) The charges which may be made and recovered by virtue of these Regulations are subject to the provisions of the Travelling Expenses and Remission of Charges Regulations.

(1)

Paragraph 7 of Schedule 11 was inserted by the Health Services Act 1980 (c. 53), section 26(2) and Schedule 5, Part II, paragraph 8.

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