The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019

Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

6.  In regulation 13 (payments to suppliers)—

(a) for paragraph (1) substitute—

“(1) Subject to paragraph (2B), the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has accepted the voucher from a patient in accordance with regulation 12; and

(b) the conditions specified in paragraph (2) are fulfilled.”;

(b) in paragraph (2)—

(i) after “paragraph (1)” where it first appears insert “(b)”; and

(ii) in sub-paragraph (c)(ii) for “either by means of electronic communication in accordance with paragraph (2A) or on a duly completed voucher” substitute “by means of electronic communication in accordance with paragraph (2A)”;

(c) in paragraph (2A), for “made by means of electronic communication shall” substitute “as mentioned in paragraph (2)(c)(ii) must”; and

(d) after paragraph (2A) insert—

“(2B) Where a voucher has been issued by a Health Board in accordance with regulation 10 the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has accepted the voucher from a patient in accordance with regulation 12; and

(b) the conditions specified in paragraph (2C) are fulfilled.

(2C) The conditions referred to in paragraph (2B)(b) are that—

(a) the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to them;

(b) the optical appliance is not sold or supplied in contravention of section 27(1) of the Optician’s Act 1989(1); and

(c) the supplier has—

(i) made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient;

(ii) made a claim for a payment either by means of electronic communication in accordance with paragraph (2D) or on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance;

(iii) where the patient has shown a notice of entitlement to the supplier, informed the responsible authority of the amount of the patient’s contribution, if any; and

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of schedule 3, certified that the glasses supplied were small glasses.

(2D) A claim as mentioned in paragraph (2C)(c)(ii) which is made by means of electronic communication must—

(a) be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

(b) confirm the matters referred to in paragraph (2C)(c)(iii) and (iv), where applicable; and

(c) contain the personal identification number that has been allocated to the supplier by the responsible authority.”.

(1)

1989 c.44; section 27 was amended by the Regulation of Care (Scotland) Act 2001 (asp 8), schedule 3, paragraph 16, S.I. 2005/848 and S.I. 2015/914.