1995 No. 558
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Ophthalmic Services) Amendment Regulations 1995

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of powers conferred on her by sections 38 and 126(4) of the National Health Service Act 19771 and of all other powers enabling her in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1995 and shall come into force on 1st April 1995.

(2)

In these regulations, the “principal Regulations” means the National Health Service (General Ophthalmic Services) Regulations 19862.

Amendment of regulation 2 of the principal Regulations2.

— In regulation 2(1) of the principal Regulations (interpretation), after the definition of “deputy” there is inserted the following definition—
““disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 19923;”.

Amendment of regulation 13 of the principal Regulations3.

(1)

In regulation 13(2) of the principal Regulations (sight tests — eligibility)4 the word “or” at the end of paragraph (e) is omitted and after paragraph (f) there is inserted—

“(g)

he is in receipt of disability working allowance and his capital resources, calculated in accordance with the regulations concerning entitlement to that allowance5, were not more than £8,000 at the time that allowance was claimed; or

(h)

he is a member of the same family as the person described in paragraph (g) of this paragraph.”.

(2)

For regulation 13(3) of the principal Regulations, there is substituted—

“(3)

In paragraph (2), “family” (in references to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 19926—

(a)

as it applies to income support7, in the case of paragraph (2)(b) and (f);

(b)

as it applies to family credit8, in the case of paragraph (2)(d); and

(c)

as it applies to disability working allowance9, in case of paragraph (2)(h).”.

Signed by authority of the Secretary of State for Health

Gerald Malone
Minister of State,
Department of Health
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Ophthalmic Services) Regulations 1986 (“the principal Regulations”) which provide for arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide general ophthalmic services (i.e. sight testing services).

Regulation 2 of these Regulations amends regulation 2(1) of the principal Regulations in order to include a definition of Disability Working Allowance.

Regulation 3 of these Regulations extends the categories of eligibility for free sight tests to include people in receipt of Disability Working Allowance whose capital resources (calculated in accordance with the Regulations concerning entitlement to that allowance) were £8,000 or less at the time that allowance was claimed, and also certain relatives of such people.