- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
17.—(1) A person who considers that a payment may be made under this Part in respect of the replacement or repair of their optical appliance may indicate to the supplier that they wish such a payment to be made.
(2) In the case of a replacement, the supplier must—
(a)ask the person to produce satisfactory evidence that the condition in regulation 16(3) is met, unless the supplier, in cases other than where the person is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence;
(b)mark on a voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced, as set out in column 1 of that Schedule;
(c)complete the relevant parts of the voucher with the name and address of the person and the person’s date of birth;
(d)if the person has been asked for, but not shown, satisfactory evidence that the condition in regulation 16(3) is met, record the fact on the voucher.
(3) In the case of a repair, the supplier must—
(a)ask the person to produce satisfactory evidence that the condition in regulation 16(3) is met, unless the supplier, in cases other than where the person is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence;
(b)mark on a voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be repaired, as set out in column 1 of that Schedule;
(c)indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises—
(i)the replacement or repair of one or more lenses included in the appliance and, if so, how many,
(ii)the repair of a frame and, if so, whether it is the whole frame, the front of a frame or one or both sides of a frame;
(d)complete the relevant parts of the voucher with the name and address of the person and the person’s date of birth; and
(e)if the person has been asked for, but not shown, satisfactory evidence that the condition in regulation 16(3) is met, record the fact on the voucher.
(4) The person must sign on the voucher—
(a)a declaration to the effect that they are eligible for such a repair or replacement indicating the grounds of their eligibility;
(b)a declaration to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and
(c)an undertaking to the effect that, if they are unable to show that they are an eligible person, they will pay to the Board an amount equal to the voucher’s redemption value.
(5) A person who is an eligible person only by virtue of —
(a)regulation 8(2)(d); or
(b)their resources being treated in accordance with regulation 8(3)(b) or (c) as being less than their requirements,
must show a current notice of entitlement to the supplier and permit the supplier to copy such details as may be required for the purposes of regulation 19(2)(b)(iv).
(6) In a case to which regulation 16(3)(b) applies—
(a)a supplier intending to accept the voucher under regulation 18 must first submit it to the Board, and
(b)the Board, if satisfied that the loss or damage to the appliance would not have occurred but for the illness, must give its approval to the use of the voucher.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: