The Primary Ophthalmic Services and National Health Service (Optical Charges and Payments) Amendment Regulations 2008

Amendments to the Charges Regulations

3.—(1) The Charges Regulations are amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) insert, after the definition of “an income-based jobseeker’s allowance” the following definition—

““income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 (income related employment and support allowance)(1).”; and

(b) for the definition of “prisoner” substitute—

““prisoner” means a person who is detained in a prison, including a young offender institution, but not a secure training centre or a naval, military or air force prison, but is, at the time he receives any primary ophthalmic service on leave from that prison and for the purposes of this definition;”.

(3) In regulation 8(3) (eligibility – supply of optical appliances), omit “or” at the end of sub-paragraph (l) and, after sub-paragraph (n), add—

“(o) he is in receipt of income-related employment and support allowance; or

(p) he is a member of the same family as a person in receipt of income-related employment and support allowance.”.

(4) In regulation 8(4) omit “and” at the end of sub-paragraph (b) and after sub-paragraph (c) add—

“; and

(d) in sub-paragraph (p) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 2008(2).”.

(1)

2007 c.5.

(2)

S.I. 2008/794.