18.—(1) A person whose sight is tested by a contractor but who was not an eligible person immediately before the testing and—
(a)who is shown during the testing to fall within the description specified in sub-paragraph (e) of regulation 16(1); or
(b)who is shown, in accordance with paragraph (3), within 3 months after the testing to fall within either of the descriptions specified in sub-paragraphs (c) or (d) of regulation 16(2),
shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested.
(2) Where paragraph (1) applies the testing shall be treated as a testing of sight under the Order for the purposes of regulation 8(1)(a) of the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997(1) as well as for the purposes specified in Article 62(8) of the Order.
(3) For the purposes of paragraph (1)(b) a person is shown to fall within a description specified in sub-paragraph (c) or (d) of regulation 16(2) if he presents to the Agency a notice of entitlement which is effective for a period which includes the date of the testing of sight or a period beginning no later than 14 days after the date of the testing of sight.
(4) Where a testing of a person’s sight is treated by virtue of paragraphs (1)(b) and (3) as a testing of sight under the Order the Agency shall, on being presented with a receipt for, or other evidence of, any fee paid for the testing, and on being satisfied as to its amount, pay to that person an amount equal to that fee.