2004 No. 113
HEALTH AND PERSONAL SOCIAL SERVICES

Optical Charges and Payments and General Ophthalmic Services (Amendment No. 2) Regulations (Northern Ireland) 2004

Made
Coming into operation
The Department of Health, Social Services and Public Safety1 in exercise of the powers conferred on it by Articles 62, 98, 106 and 107(6) of, and Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 19722 and of all other powers enabling it in that behalf, with the approval of the Department of Finance and Personnel, and after consultation with such organisations as appeared to the Department to be representative of medical practitioners practising as ophthalmic medical practitioners, and ophthalmic opticians, as required by Article 62(3) of the said Order, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Optical Charges and Payments and General Ophthalmic Services (Amendment No. 2) Regulations (Northern Ireland) 2004 and shall come into operation on 6th April 2004.

(2)

In these Regulations –

“the Optical Regulations” means the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 19973; and
“the Ophthalmic Regulations” means the Health and Personal Social Services (General Ophthalmic Services) Regulations (Northern Ireland) 19864.

Amendment of the Optical Regulations2.

(1)

The Optical Regulations are amended as provided by paragraphs (2) and (3).

(2)

In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “replacement” there is inserted –
““severe disability element” means severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 20025

(3)

In regulation 8 (eligibility – supply of optical appliances), in paragraph (3)(k)(i)(bb)6 after “disability element” there is inserted “or severe disability element”.

Amendment of the Ophthalmic Regulations3.

(1)

The Ophthalmic Regulations are amended as provided by paragraphs (2) and (3).

(2)

In regulation 2 (Interpretation), in paragraph (1), after the definition of “residential centre” there is inserted –

““severe disability element” means severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002”.

(3)

In regulation 15 (sight tests – eligibility), in paragraph (2)(k)(i)(bb)7 after “disability element” there is inserted “or severe disability element”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th March 2004.

Dr. J. F. Livingstone
Senior Officer of the
Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 15th March 2004.

Ciaran Doran
Senior Officer of the
Department of Finance and Personnel
(This note is not part of the Regulations.)

These Regulations further amend the Optical Charges and Payments Regulations (Northern Ireland) 1997 (“the optical Regulations”) which 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. The Regulations also amend the General Ophthalmic Services Regulations (Northern Ireland) 1986 (“the ophthalmic Regulations”) which provide for the arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide General Ophthalmic Services.

Regulations 2 and 3 extends the eligibility to remission of charges to families claiming working tax credit with a severe disability element.