The National Health Service (Dental Charges) Regulations 1989

Explanatory Note

(This Note is not part of the Regulations)

These Regulations replace regulations providing for the making and recovery of charges for dental appliances supplied or repaired under the National Health Service (NHS) in England and Wales and for other dental treatment provided as part of NHS general dental services. Accordingly, these Regulations provide for charges for the following:–

• the supply of dentures and bridges, whether or not as part of general dental services (regulations 2, 4 and 6 and Schedule 1);

• the provision of other dental treatment as part of general dental services (regulations 3, 4 and 6);

• the supply or repair, whether or not as part of general dental services, of dental appliances of a type more expensive than is clinically necessary (regulation 8 and Schedule 3);

• the replacement, as part of general dental services, of dental appliances lost or damaged by an act or omission of the patient (regulation 9 and Schedule 4).

(Charges for replacement and repair under the NHS, otherwise than as part of general dental services, of dental appliances lost or damaged by an act or omission of the patient remain subject to the more general provisions as to appliances contained in the National Health Service (Charges for Appliances) Regulations 1974.)

The Regulations provide in addition for conditions for statutory exemptions (regulation 5 and Schedule 2), discontinuation of general dental services where charges are not paid (regulation 10), the reduction of a dental practitioner’s remuneration by the amount of the charge which is recoverable under the Regulations (regulation 11) and the revocation of the superseded Regulations on dental charges (regulation 12 and Schedule 5).

There are three changes of substance made by these Regulations.

First, the basis of the charge for the supply of all dentures and bridges is altered from a specified amount to that which applies to other treatment, namely a formula of 75% of the fees which are or would be payable to a dentist providing general dental services for the supply of a denture or bridge of the relevant type. This increases charges for dentures by an average of about 10% and charges for bridges of the Maryland type by about 1.5%. Other charges are unaffected.

Secondly, a provision authorising additional charges for certain types of conservative treatment (gold inlays, pinlays or crowns) more expensive than clinically necessary is removed.

Thirdly, the scope of the condition that documentary evidence be produced when a claim is made to be exempt from charges for dental appliances or other treatment as part of general dental services is extended to cases where exemption is claimed on grounds of being under 18 or under 19 and in full-time education (regulation 5 and Schedule 2), and the nature of the evidence to be produced in all cases of exemption is specified in the Regulations.