The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment (No. 2) Regulations 2003

Made14th September 2003

Laid before Parliament15th September 2003

Coming into force6th October 2003

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 38, 78(1) and 126(4) of, and paragraphs 2 and 2A of Schedule 12 to, the National Health Service Act 19771 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and application1

1

These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment (No. 2) Regulations 2003 and shall come into force on 6th October 2003.

2

In these Regulations—

“the Optical Regulations” means the National Health Service (Optical Charges and Payments) Regulations 19972; and
“the Ophthalmic Regulations” means the National Health Service (General Ophthalmic Services) Regulations 19863.

3

These Regulations apply to England.

Amendment of the Optical Regulations2

1

The Optical Regulations are amended as follows.

2

In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “patient’s resources” there is inserted—

“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 20024;

3

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

a

in paragraph (3), after sub-paragraph (m), there is inserted—

n
he is receiving pension credit guarantee credit or is a member of the same family as a person who is receiving pension credit guarantee credit;

b

in paragraph (4), in sub-paragraph (a) (definition of family), for “sub-paragraphs (b) and (f)”, there is substituted “sub-paragraphs (b), (f) and (n)”.

Amendment of the Ophthalmic Regulations3

1

The Ophthalmic Regulations are amended as follows.

2

In regulation 2 (Interpretation), in paragraph (1), after the definition of “patient”, there is inserted—

“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;

3

In regulation 13 (sight tests—eligibility)—

a

in paragraph (2) after sub-paragraph (m) there is inserted—

n
he is a member of the same family as a person who is receiving pension credit guarantee credit;

b

in paragraph (3), in sub-paragraph (a) (definition of family), for “sub-paragraphs (b) and (f)”, there is substituted “sub-paragraphs (b), (f) and (n)”.

Signed by authority of the Secretary of State for Health

Rosie WintertonMinister of State,Department of Health14th September 2003

(This note is not part of the Regulations)

These Regulations make amendments to the National Health Service (Optical Charges and Payments) Regulations 1997 and the National Health Service (General Ophthalmic) Regulations 1986 consequent on the introduction of pension credit guarantee credit in the State Pension Credit Act 2002. The purpose of the amendments is to ensure that those in receipt of pension credit guarantee credit and members of their families will be entitled to National Health Service vouchers to put towards the cost of spectacles and contact lenses and to General Ophthalmic Services free of charge.