The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1995

Amendment of regulation 8 of the principal Regulations

3.—(1) Regulation 8 of the principal Regulations (pre-payment certificates) shall be amended as follows.

(2) For paragraph (6) there shall be substituted the following paragraph—

“(6) Where payment of a sum prescribed under this regulation has been made and, not more than one month after the date on which his pre-payment certificate became valid, the person in respect of whom payment was made—

(a) becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or

(b) becomes a person entitled to remission under regulation 3 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(1); or

(c) dies; or

(d) becomes resident in a hospital and thereafter either—

(i) dies while resident in hospital before the expiry of the pre-payment certificate; or

(ii) remains in hospital until the expiry of the pre-payment certificate,

a claim for repayment of that sum may be made, by or on behalf of that person or his estate, in accordance with paragraphs (7) and (8).”.

(3) After paragraph (7) there shall be inserted the following paragraph:—

“(8) A claim under paragraph (6) shall be made—

(a) in a case falling within paragraph (6)(a), (b) or (c), not more than four months after the date on which the pre-payment certificate became valid;

(b) in a case falling within paragraph (6)(d)(i), not more than three months after the date of death; or

(c) in a case falling within paragraph (6)(d)(ii), not more than three months after the date on which the pre-payment certificate expired.”.

(1)

S.I. 1988/546, relevant amending instruments are S.I. 1989/393, 1990/551 and 1991/575.