The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989 (“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.

The amendments made to the principal Regulations are as follows:–

(a) Amendments to the definition of “patient’s contribution” in regulation 1(2) as a result of the abolition of the linkage between the patient’s contribution in respect of a sight test and the value of voucher for an optical appliance supplied under the principal Regulations. As a result of this amendment, any sight test conducted on or after 1st April 1997 will be a separate transaction from the optical appliance supplied as a result of that test. The changes, which will simplify the arrangements for helping people entitled to partial remission of their optical costs, ensure that no one eligible for help will pay more than they would have done under the previous arrangements.

(b) Amendments to extend the payment provisions (new regulation 6) for patients who are eligible for a contribution to be made towards the cost of their sight test (ie those who are entitled to partial remission of National Health Service (NHS) charges) and to introduce payments (new regulation 20A) for patients who are entitled to a voucher towards the cost of the supply, replacement or repair of an optical appliance. Patients who establish entitlement to a voucher as at the date of the sight test, supply, replacement or repair of their optical appliance but who have paid a fee for that sight test, supply, replacement or repair may claim a payment within three months (which may be extended for good cause) of the sight test, supply, replacement or repair either by applying to the Secretary of State (where they have low income entitlement) or to the responsible authority in all other cases. In the case of sight tests the amount of the payment will be calculated in accordance with regulation 7; in the case of supply of an optical appliance the amount of the payment will be calculated in accordance with regulation 15; and in the case of replacement or repair of an optical appliance the amount of the payment will be calculated in accordance with regulation 20.

(c) Amendments to the voucher values specified in the principal Regulations and Schedules providing for the level of payment (regulation 20, and Schedules 1, 2 and 3) under the scheme. These amendments increase the value of the vouchers issued under the Regulations. All voucher values and supplements are increased by 2 per cent.