The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 3) Regulations 2003

Made11th September 2003

Laid before the Scottish Parliament12th September 2003

Coming into force6th October 2003

The Scottish Ministers, in exercise of the powers conferred by sections 26, 70(1), 105(7) and 108(1) of, and paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 3) Regulations 2003, and shall come into force on 6th October 2003.

Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 19982

1

The National Health Service (Optical Charges and Payments) (Scotland) Regulations 19982 are amended as follows.

2

In regulation 1(2) (interpretation) after the definition of “patient’s resources” insert ““pension credit guarantee credit” means state pension credit guarantee credit as construed in accordance with sections 1 and 2 of the State Pension Credit Act 20023;”.

3

In regulation 8 (eligibility–supply of optical appliances)–

a

in paragraph (3), after sub-paragraph (l) insert–

m
he is in receipt of pension credit guarantee credit; or
n
he is a member of the same family as a person described in sub-paragraph (m) of this paragraph.

b

in paragraph (4), for sub-paragraph (a) substitute–

a
in sub-paragraphs (b), (f) and (n), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 19924, as it applies to income support;

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh11th September 2003

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 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 sight tests and the supply, replacement or repair of optical appliances.

Regulation 2(2)(a) and (3) extend the description of persons entitled to a payment towards the cost incurred for the supply of an optical appliance for which a prescription has been given to include persons in receipt of pension credit guarantee credit and members of their family.

Regulation 2(3)(b) extends the current definition of “family” contained in section 137(1) of the Social Security Contributions and Benefits Act 1992 to the family of a person in receipt of state pension credit guarantee credit.