The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”) and the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (“the 2003 Regulations”).

The 1998 Regulations 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.

Regulation 8 of the 1998 Regulations makes provision for eligibility for payments to meet or contribute to the cost of the supply of optical appliances. Since 1st November 2015, this has included persons in receipt of universal credit with income below defined thresholds, and certain defined young persons. Regulation 2 of these Regulations amends regulation 8 of the 1998 Regulations so that (a) the combined income of couples is taken into account in assessing whether persons are within the relevant threshold, (b) the way that limited capability for work is defined is revised and (c) there is provision in respect of the period by reference to which a person’s income is calculated. Regulation 2 of these Regulations also makes provision so that those who pay for optical appliances while their universal credit entitlement is being determined will be able to claim back the cost (or a contribution towards it) if they are later shown to be entitled to universal credit.

The 2003 Regulations provide for the remission or repayment of the whole or part of certain health service charges, as well as payment of certain travelling expenses and costs of overnight accommodation. Similarly to the amendments described in the paragraph above in relation to the 1998 Regulations, regulation 3 of these Regulations amends regulation 4 of the 2003 Regulations in relation to universal credit.

The amendments described above that relate to the combined income of couples are being made as a result of a defect in the National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2015.

Regulation 3(4) of these Regulations amends Table A in the schedule to the 2003 Regulations to update references to student support legislation and to make provision about the way student loan income is to be taken into account in calculating a claimant’s resources.

Regulations 4 to 6 of these Regulations make saving provisions to extend the eligibility of certain persons who will no longer be eligible for assistance, or entitled to remission of charges or payment of expenses, because of the adjustments in relation to universal credit described above.