The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“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(2) inserts a new regulation 8(2A) to prescribe an additional category of person to whom payments are to be made by a Health Board for the supply of an optical appliance. This category is a person who at the time of the payment for the supply of an optical appliance on or after 6th April 2009 is a member of a family one member of which is receiving working tax credit and child tax credit; or working tax credit which includes a disability element or severe disability element; or child tax credit but is not eligible for workers tax credit, but in each case only where the relevant income of the person or persons to whom an award of a tax credit was made under section 14 of the Tax Credits Act 2002 was determined at the time of the award to exceed £15,050, but not to exceed £15,276.

Regulations 2(3), 2(4) and 2(5) amend regulations 8(4)(c), 12(6)(a) and 12A(1) respectively to include references to regulation 8(2A).

Regulation 2(6) amends regulation 15(1)(b) to include the additional category of persons in those who are eligible for a payment in respect of the replacement or repair of an optical appliance.

Regulations 2(7), 2(8) and 2(9) amend regulations 16(2)(a) and (3)(a), 20(1) and 20(2) of the principal Regulations to include a reference to the new regulation 8(2A).