National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003
Citation, commencement, interpretation and extent1.
(1)
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003.
(2)
Subject to paragraph (3), these Regulations shall come into force on 1st April 2003.
(3)
Regulations 2 to 4 and 8 to 10 shall come into force on 6th April 2003.
(4)
In these Regulations—
(5)
These Regulations apply to England only.
PART 1AMENDMENTS OF OPTICAL REGULATIONS
Amendment of regulation 1 of the Optical Regulations2.
In regulation 1 of the Optical Regulations (citation, commencement and interpretation), in sub-paragraph (2)—
(a)
““child tax credit” means child tax credit under the Tax Credits Act 20024;”;
(b)
““disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;”;
(c)
““relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;”;
(d)
““working tax credit” means working tax credit under the Tax Credits Act 2002.”; and
(e)
the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.
Amendment of regulation 8 of the Optical Regulations3.
(1)
Regulation 8 of the Optical Regulations (eligibility—supply of optical appliances) is amended as follows.
(2)
In paragraph (3)—
(a)
“(l)
he is a member of a family—
(i)
one member of which is receiving—
(aa)
working tax credit and child tax credit;
(bb)
working tax credit which includes a disability element; or
(cc)
child tax credit, but is not eligible for working tax credit; and
(ii)
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or
(m)
he is a member of a family, in respect of whom there is a current notice of entitlement under regulation 12A.”;
(b)
sub-paragraphs (c), (d), (g) and (h) are omitted.
(3)
“(4)
In paragraph —
(a)
in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 19925, as it applies to income support;(b)
in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 19956; and(c)
in sub-paragraphs (1) and (m), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 20027.”.
New regulation 12A inserted into the Optical Regulations4.
“12A
(1)
Where a person is entitled to the payment of, or contribution towards, the cost incurred for the supply of an optical appliance because he is a member of a family described in regulation 8(3)(1), the Secretary of State shall issue a notice of entitlement to that family.
(2)
Such a notice of entitlement shall apply to—
(a)
any family member who is named in the notice of entitlement; and
(b)
any other member of such a person’s family.
(3)
A notice of entitlement issued under paragraph (1) shall be effective—
(a)
from such date; and
(b)
for such period,
as the Secretary of State may determine.
(4)
Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.”.
Amendment of regulation 19 of the Optical Regulations5.
In regulation 19 of the Optical Regulations (redemption value of voucher for replacement or repair)—
(a)
(b)
Amendment of the Schedules to the Optical Regulations6.
(1)
In Schedule 1 to the Optical Regulations (voucher letter codes and face values—supply and replacement), in column (3) (face value of voucher), for each amount specified in column 1 of the table below there is substituted the amount specified in relation to it in column 2 of that table.
Table
(1) Old amount | (2) New amount |
|---|---|
£30.50 | £31.30 |
£46.40 | £47.60 |
£63.20 | £64.80 |
£142.70 | £146.30 |
£52.70 | £54.00 |
£67.00 | £68.70 |
£81.00 | £83.00 |
£157.00 (in both places where it appears) | £160.90 |
£44.60 | £45.70 |
(2)
In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—
(a)
in paragraph 1(1)(a) for “£9.90” there is substituted “£10.10”;
(b)
in paragraph 1(1)(b) for “£11.90” there is substituted “£12.20”;
(c)
in paragraph 1(1)(c) for “£3.30” there is substituted “£3.40”;
(d)
in paragraph 1(1)(d) for “£3.80” there is substituted “£3.90”;
(e)
in paragraph 1(1)(e)—
(i)
for “£50.20” there is substituted “£51.50”,
(ii)
for “£44.60” there is substituted “£45.70”, and
(iii)
for “£24.20” there is substituted “£24.80”;
(f)
in paragraph 1(1)(g) for “£50.20” there is substituted “£51.50”;
(g)
in paragraph 2(a) for “£10.70” there is substituted “£11.00”; and
(h)
in paragraph 2(b) for “£27.00” there is substituted “£27.70”.
(3)
For Schedule 3 to the Optical Regulations (voucher values—repair), there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of Regulations 5 and 67.
The amendments made in regulations 5 and 6 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2003.
PART 2AMENDMENTS OF OPHTHALMIC REGULATIONS
Amendment of regulation 2 of the Ophthalmic Regulations8.
In regulation 2 of the Ophthalmic Regulations (interpretation), in sub-paragraph (1)—
(a)
““child tax credit” means child tax credit under the Tax Credits Act 200210;”;
(b)
““disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;”;
(c)
““relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;”;
(d)
in the definition of “notice of entitlement” after “regulation 7” there is inserted “or 7ZA”;
(e)
““working tax credit” means working tax credit under the Tax Credits Act 2002.”; and
(f)
the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.
Amendment of regulation 13 of the Ophthalmic Regulations9.
(1)
Regulation 13 of the Ophthalmic Regulations (sight tests—eligibility) is amended as follows.
(2)
In paragraph (2)—
(a)
“(l)
he is a member of a family—
(i)
one member of which is receiving—
(aa)
working tax credit and child tax credit,
(bb)
working tax credit which includes a disability element, or
(cc)
child tax credit, but is not eligible for working tax credit, and
(ii)
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or
(m)
he is a person in respect of whom there is a current notice of entitlement.”; and
(b)
sub-paragraphs (c), (d), (g) and (h) are omitted.
(3)
“(3)
In paragraph (2)—
(a)
in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 199211, as it applies to income support;(b)
in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 199512; and(c)
in sub-paragraph (l), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 200213.”.
PART 3TRANSITIONAL PROVISION
10.
(1)
Until 31st July 2003, notwithstanding the revocation of regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations, any person who, immediately before the coming into force of regulations 2 to 4 of these Regulations, was an eligible person under regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations shall continue to be an eligible person for the purposes of Parts IV and V of the Optical Regulations.
(2)
Until 31st July 2003, notwithstanding the revocation of regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations, any person who, immediately before the coming into force of regulation 8 and 9 of these Regulations, was an eligible person under regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations shall continue to be an eligible person.
Signed by authority of the Secretary of State for Health
SCHEDULESCHEDULE 3 TO THE OPTICAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS
SCHEDULE 3
VOUCHER VALUES—REPAIR
(1)
(2)
Nature of Repair
Letter Codes—Values
A
B
C
D
E
F
G
H & I
£
£
£
£
£
£
£
£
Repair or replacement of one lens
9.75
17.90
26.50
67.25
21.10
28.45
35.60
74.55
Repair or replacement of two lenses
19.45
35.75
53.00
134.50
42.25
56.90
71.25
149.15
Repair or replacement of:
The front of a frame
10.00
10.00
10.00
10.00
10.00
10.00
10.00
10.00
A side of a frame
5.95
5.95
5.95
5.95
5.95
5.95
5.95
5.95
The whole frame
11.80
11.80
11.80
11.80
11.80
11.80
11.80
11.80
These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997, 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 and 3 make amendments to regulation 1 (citation, commencement and interpretation) and 9 (eligibility—supply of optical appliances) of the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical Regulations”) consequent on the abolition of disabled person’s tax credit and working family tax credit and their replacement by child tax credit and working tax credit by the Tax Credits Act 2002.
Regulation 4 inserts a new regulation 12A into the Optical Regulations to provide for the Secretary of State to issue notices of entitlement based on entitlement to the new child tax credit and working tax credit.
Regulation 5 amends regulation 19 of the Optical Regulations to increase the redemption value of a voucher issued towards the cost of replacement of a single contact lens and to increase the maximum contribution by way of a voucher to the cost of repair of a frame.
Regulation 6 increases the amounts contained in Schedules 1 and 2 to the Optical Regulations, and substitutes a new Schedule 3 into the Optical Regulations to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances. The rate of increase in both regulations 5 and 6 is, on average, 2.5%.
Regulation 7 provides that the increases contained in regulations 5 and 6 only apply in relation to vouchers accepted or used on or after 1 April 2003.
Regulations 8 and 9 make amendments to regulation 2 (interpretation) and 13 (sight tests—eligibility) of the National Health Service (General Ophthalmic Services) Regulations 1986 consequent on the abolition of disabled person’s tax credit and working family tax credit and their replacement by child tax credit and working tax credit by the Tax Credits Act 2002.
Regulation 10 makes transitional provision for those persons who were entitled to the payment of, or contribution towards, the cost for the supply of an optical appliance or eligible for a sight test by virtue of being in receipt of one of the old tax credits or being a member of a family of such a person.