The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

PART VII MISCELLANEOUS

Amounts wrongly paid

21.—(1) Where a person who is not an eligible person declares on a voucher that he is an eligible person and in consequence the responsible authority makes a payment under these Regulations, the person who makes the declaration shall repay the amount of that payment to the responsible authority.

(2) Where a supplier makes a claim for payment to the responsible authority, representing that the conditions specified in regulation 5(2), 13(2) or 18(2) are fulfilled, but those conditions are not fulfilled and the authority makes a payment to the supplier under these Regulations, it may recover the amount of that payment from the supplier.

Signatures and claims for payments

22.  A signature required by these Regulations shall be given, and a claim for payment pursuant to regulation 6 or 20 shall be made–

(a) on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;

(b) on behalf of any other person who is incapable of giving the signature, by–

(i) an adult relative;

(ii) any other adult who has the care of that person; or

(iii) any other adult competent so to sign in accordance with any rule of law;

(c) on behalf of any person under 18 years of age–

(i) in the care of a local authority under Part II of the Social Work (Scotland) Act 1968(1) or under the provisions of that Part as applied by section 44(5) of that Act(2), by a person duly authorised by that authority;

(ii) in the care of a voluntary organisation, by that organisation or a person duly authorised by them.

Application of these Regulations

23.  The amounts specified in these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 on or after 1st April 1998.

Revocations

24.  The Regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.

(1)

1968 c. 49.

(2)

Section 44(5) was amended by the Children Act 1975 (c. 72), Schedule 3, paragraph 56 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 28.