The National Health Service (Charges for Drugs and Appliances) Regulations 2015

Supply of drugs and appliances by NHS trusts and NHS foundation trusts

6.—(1) Where an NHS trust or an NHS foundation trust supplies a drug or appliance to a patient for the purpose of treatment, the NHS trust or the NHS foundation trust (as the case may be) must, subject to paragraphs (3) to (6), make and recover from the patient for the supply of—

(a) an item of elastic hosiery, a charge of £8.20 or £16.40 per pair;

(b) an item specified in column (1) of Schedule 1 (which has effect), the charge specified in relation to it in column (2) of that Schedule;

(c) tights, a charge of £16.40;

(d) each other appliance, a charge of £8.20;

(e) each quantity of a drug, a charge of £8.20.

(2) Any person paying a charge under paragraph (1) must on doing so sign a declaration in writing that the relevant charge has been paid.

(3) No charge is to be made and recovered under this regulation for the supply of drugs administered or appliances fitted or put into service at the hospital or other establishment or facility which forms part of the NHS trust or NHS foundation trust which supplies the drugs or appliances.

(4) No charge is to be made and recovered under this regulation from a patient who is exempt—

(a) by virtue of section 173(1)(a), (c) or (d) of the 2006 Act(1) (exemptions from general charging) or regulation 10(2), 11(1), 12 or 13;

(b) by virtue of regulation 10(3); or

(c) by reason of being entitled to remission of the charge by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations(2) (entitlement to full remission and payment),

and who, in the case described in section 173(1)(c) of the 2006 Act (aged under 16 or aged under 19 and in full-time education) and in the cases described in sub-paragraph (b) and (c), completes a declaration of entitlement to such exemption or remission and provides any other evidence of entitlement as the NHS trust or NHS foundation trust may reasonably require.

(5) No charge is to be made and recovered under this regulation from a patient who is accepted by the person supplying the drug as—

(a) suffering from tuberculosis, in respect of any drug supplied to that patient for the treatment of tuberculosis; or

(b) being subject to a community treatment order, in respect of any drug supplied to that patient for the treatment of a mental disorder.

(6) A partially remitted charge must be made and recovered under this regulation from a patient who is entitled to partial remission by virtue of regulation 10(6) if a declaration in writing is provided that the relevant part of the charge has been paid and a declaration of entitlement, and any other evidence of entitlement to partial remission, as may be required, is provided.

(7) Where a patient requests a receipt for a charge made and recovered under paragraph (1), the NHS trust or an NHS foundation trust must give the patient a receipt for the amount received on the relevant approved form.

(1)

Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).

(2)

Relevant amendments were made to regulation 5 by S.I. 2004/663 and 936, 2006/562, 2008/1697, 2009/411, 2013/475 and 2014/2667.