Search Legislation

The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the 1998 Regulations

This section has no associated Policy Notes

2.—(1) Regulation 8 of the 1998 Regulations (eligibility – supply of optical appliances) is amended as follows.

(2) For paragraph (3)(q) substitute—

(q)in the relevant assessment period he—

(i)received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £435.00 or less and—

(aa)the universal credit award did not include the child element; and

(bb)he or, in the case of a couple, both members of the couple, did not have limited capability for work;

(ii)received universal credit, either as a single person or as a member of a couple, where he had earned income or, in the case of a couple, the couple had combined earned income, of £935.00 or less and either, or both, of the following sub-paragraphs apply—

(aa)the universal credit award included the child element;

(bb)he or, in the case of a couple, either member or both members of the couple, had limited capability for work; or

(iii)was a qualifying young person for whom a recipient referred to in sub-paragraph (ii) was responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder)..

(3) In paragraph (4)(e)—

(a)for head (v) (definition of “LCW element”) substitute—

(v)“limited capability for work” means limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40(1) respectively of the Universal Credit Regulations 2013 (limited capability for work; limited capability for work and work-related  activity);;

(b)omit head (vi) (definition of “LCWRA element”); and

(c)after head (vii) (definition of “qualifying young person”) insert—

(viia)“relevant assessment period” means the assessment period immediately preceding that in which the supply of the optical appliance is paid for;.

(4) After paragraph (4) insert—

(4A) In relation to paragraph (3)(q), where paragraph (4B) applies, a person is to be treated as a person of a description specified by regulation 8(2) for the purposes of regulation 20.

(4B) This paragraph applies where the conditions in heads (i), (ii) or (iii) of paragraph (3)(q) are satisfied in the assessment period in which the optical appliance is paid for and—

(a)there is no relevant assessment period; or

(b)none of those conditions were satisfied in the relevant assessment period..

(1)

Regulations 39 and 40 were amended by S.I. 2014/597.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources