The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”).

The 1997 Regulations provide for a scheme of payments to be made by Health Authorities and NHS Trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances.

The 1986 Regulations contain provision for the arrangements for general ophthalmic services under the National Health Service.

Regulations 2 and 3 make amendments to regulation 1 of the 1997 Regulations to omit the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families tax credit”, substitute a new definition of “family” and insert definitions for “child tax credit”, “disability element”, “gross annual income” and “working tax credit”.

The amendments reflect the changes made by the Tax Credits Act 2002 and introduce into the categories of persons entitled to receive assistance towards the cost of supply of optical appliances (under the 1997 Regulations) and to receive a sight test under general ophthalmic services (under the 1986 Regulations) members of a family whose income falls below a specified limit and receives child tax credit and working tax credit, or working tax credit with a disability element. In addition, a family that receives child tax credit but is not entitled to working tax credit is also included within the definition provided its income is within the same specified income limit.

The income limit is based on the gross annual income (i.e. income before the deduction of tax and National Insurance contributions) of the family.

The changes made by these amendments replace entitlement to receive assistance towards the cost of supply of optical appliances and to receive a sight test under general ophthalmic services that was based on receipt of working families' tax credit and disabled person’s tax credit.

Regulation 4 of these Regulations inserts a new regulation 12A into the 1997 Regulations to provide for the National Assembly for Wales to issue notices of entitlement based on entitlement under the Tax Credits Act.

Regulation 5 amends regulation 19 of the 1997 Regulations (redemption value of voucher for replacement or repair) to increase the value of an optical voucher issued towards the cost of replacing a single contact lens, and to increase the maximum contribution by way of a voucher to the cost of repairing a spectacle frame.

Regulation 6(1) amends Schedule 1 of the 1997 Regulations to increase the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses.

Regulation 6(2) amends Schedule 2 to the 1997 Regulations to increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances.

Regulation 6(3) and the Schedule substitute a new Schedule 3 in the 1997 Regulations to increase the value of vouchers issued towards the repair and replacement of optical appliances.

The rate of increase is, on average, approximately 2.5%.

Regulation 7 provides that the increases to the voucher values made by regulations 5 and 6 will only apply to vouchers accepted or used after 1st April 2003.

Regulations 8 and 9 of these Regulations make amendments to of regulations 2 and 13 the 1986 Regulations consequent upon the abolition of working families' tax credit and disabled person’s tax credit and their replacement by child tax credit and working tax credit by the Tax Credits Act 2002.