Title, commencement, application and interpretation
1.—(1) The title of these Regulations is the National Health Service (General Ophthalmic Services) and (Optical Charges and Payments) (Amendment) (Wales) Regulations 2008 and they come into force on 27 October 2008.
(2) These Regulations apply in relation to Wales.
(3) In these Regulations—
“the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986(1); and
“the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 1997(2).
Amendments to the 1986 Regulations
2.—(1) The 1986 Regulations are amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2 (interpretation) insert, in the appropriate place in the alphabetical order, 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)(3).”
(3) In regulation 13(2) (sight tests — eligibility)—
(a)omit “or” at the end of sub-paragraph (i); and
(b)after sub-paragraph (n) insert the following sub-paragraphs—
“(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 13(3)—
(a) omit “and” at the end of sub-paragraph (b); and
(b)after sub-paragraph (c) insert the following—
“and
(d)in sub-paragraph (p) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 2008(4).”.
Amendments to the 1997 Regulations
3.—(1) The 1997 Regulations are amended in accordance with the following paragraphs of this regulation.
(2) In regulation 1(2) (citation, commencement and interpretation), insert, in the appropriate place in the alphabetical order, 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)(5).”.
(3) In regulation 8(3) (eligibility — supply of optical appliances)—
(a)omit “or” at the end of sub-paragraph (l); and
(b)after sub-paragraph (n) insert the following—
“(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)—
(a)omit “and” at the end of sub-paragraph (b); and
(b)after sub-paragraph (c) insert the following—
“and
(d)in sub-paragraph (p) “family” has the meaning given to it in regulation 2 of the Employment and Support Allowance Regulations 2008(6).”.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
29 September 2008