2008 No. 289
NATIONAL HEALTH SERVICE

The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2008

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(1), 105(7) and 108(1) of, and by paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2008 and come into force on 27th October 2008.

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 “income-based jobseeker’s allowance” insert–
““income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 20073;”.

(3)

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

(a)

after paragraph (3)(n) insert–

“(o)

he is in receipt of income-related employment and support allowance; or

(p)

he is a member of the same family as a person described in sub-paragraph (o) of this paragraph.”; and

(b)

after paragraph (4)(c) insert–

“(d)

in sub-paragraph (p), “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 20084.”.
NICOLA STURGEON
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 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.

Regulations 2(2) and 2(3)(b) insert new definitions into the 1998 Regulations which relate to the amendment made by regulation 2(3)(a). Regulation 2(3)(a) amends regulation 8 of the 1998 Regulations to provide that a person who is receiving income-related employment and support allowance (or a member of that person’s family) will be entitled to a payment towards the cost incurred for the supply of an optical appliance for which a prescription has been given.