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The Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2009

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Statutory Rules of Northern Ireland

2009 No. 153

Health And Personal Social Services

The Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2009

Made

3rd April 2009

Coming into operation

1st April 2009

The Department of Health, Social Services and Public Safety (1) makes the following Regulations in exercise of the powers conferred by Articles 62, 98, 106 and 107(6) of, and Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972 (2), with the approval of the Department of Finance and Personnel.

In accordance with Article 62(3) of that Order it has consulted with such organisations as appeared to the Department to be representative of medical practitioners practising as ophthalmic medical practitioners and ophthalmic opticians.

Citation, commencement, interpretation

1.—(1) These Regulations may be cited as the Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st April 2009.

(2) In these Regulations “the principal Regulations” means the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997 (3).

Amendment of regulation 8 of the principal Regulations

2.  In regulation 8 of the principal Regulations (eligibility – supply of optical appliances)—

(a)in paragraph (3)(k)(ii)(4) for “£15,050” substitute “£15,276”;

(b)in paragraph (4)—

(i)after sub-paragraph (d) insert “and”;

(ii)for sub-paragraph (e)(5) substitute—

(e)in sub-paragraph (o) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2008(6)..

Amendment of regulation 19 of the principal Regulations

3.  In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair)—

(a)in paragraph (1)(b) for “£51.90” substitute “£52.90”; and

(b)in paragraph (3) for “£13.40” substitute “£13.70”.

Amendment of the Schedules to the principal Regulations

4.—(1) In Schedule 1 to the principal Regulations (voucher letter codes and face values – supply and replacement) (7)—

(a)omit paragraph 10 (including columns 2 and 3 of that paragraph); and

(b)in column 3 (face value of voucher), for each amount specified in column 1 of the Table below (old amount) substitute the amount specified in relation to it in column 2 of that Table (new amount).

Table

Column 1

Old amount

Column 2

New amount

£35.50£36.20
£54.00£55.10
£79.00£80.60
£178.40£182.00
£61.40£62.70
£78.10£79.70
£101.20£103.30
£196.10£200.10
£182.70£186.40

(2) In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a)in paragraph 1(1)(a) (prism – single vision lens) for “11.60” substitute “11.80”;

(b)in paragraph 1(1)(b) (prism – other lens) for “£13.90” substitute “£14.20”;

(c)in paragraph 1(1)(c) (single vision tinted lens) for “£3.90” substitute “£4.00”;

(d)in paragraph 1(1)(d) (other tinted lens) for “£4.40” substitute “£4.50”;

(e)in paragraph 1(1)(e) (small glasses) —

(i)in sub–head (i) for “£58.50” substitute “£59.70”;

(ii)in sub–head (ii) for “£51.90” substitute “£52.90”; and

(iii)in sub–head (iii) for “£28.00” substitute “£28.60”;

(f)in paragraph 1(1)(g) (specially manufactured frames) for “£58.50” substitute “£59.70”;

(g)in paragraph 2(a) (minimum complex appliance payment – single vision lenses) for “£13.40”substitute “£13.70”; and

(h)in paragraph 2(b) (minimum complex appliance payment –other cases) for “£33.90” substitute “34.60”.

(3) For Schedule 3 to the principal Regulations (voucher value – repair) (8), substitute Schedule 3 as set out in the Schedule to these Regulations.

Application of Regulations 2(a), 3 and 4

5.  The amendments made in regulations 2(a), 3 and 4 apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 2009.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd April 2009.

Legal seal

Christine Jendoubi

A senior officer of the Department of Health, Social Services and Public Safety

The Department of Finance and Personnel hereby approves the foregoing regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 3rd April 2009.

Legal seal

Jack Layberry

A senior officer of the Department of Finance and Personnel

Regulation 4(3)

SCHEDULESCHEDULE 3 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Regulations 19(2) and (3)

SCHEDULE 3VOUCHER VALUE REPAIR

Letter Codes –Values
Nature of repairABCDEFGHI
£££££££££
Repair or replacement of One lens11.2520.7033.4584.1524.5033.0044.8093.2086.35
Repair or replacement of Two lenses22.5041.4066.90168.3049.0066.0089.60186.40172.70
Repair or replacement of:
the front of a frame11.6011.6011.6011.6011.6011.6011.6011.6011.60
a side of a frame6.906.906.906.906.906.906.906.906.90
the whole frame13.7013.7013.7013.7013.7013.7013.7013.7013.70

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997 (“the principal 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.

Regulation 2 amends regulation 8 of the principal Regulations to increase the income level used to calculate the resources and requirements of recipients of tax credits to establish eligibility for payments for the cost incurred for the supply of optical appliances. Regulation 2 also corrects an error in the Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2008.

Regulation 3 amends regulation 19 of the principal 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 4 and the Schedule amend the Schedules to the principal Regulations. Firstly, it omits paragraph 10 in Schedule 1; secondly the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses is increased; thirdly, the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances are increased; and fourthly, the value of vouchers issued towards the cost of the repair and replacement of optical appliances is increased.

Regulation 5 provides that the increases contained in regulations 2(a), 3 and 4 apply only in relation to vouchers accepted or used on or after 1st April 2009.

(1)

See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14) as amended by Article 3(2) of, and Schedule 1 to, the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)); paragraphs 4 and 5 of Article 8 of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)); Article 34 of, and Part II of Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), there are other amendments which are not relevant

(4)

Inserted by S.R. 2003 No. 176; relevant amending Regulations are S.R. 2004 No. 92, S.R. 2005 No.71 and S.R. 2008 No. 423

(5)

Inserted by S.R. 2008 No. 423

(7)

Schedule 1 is substituted by the Schedule to S.R. 1999 No. 111 and amended by S.R. 2008 No. 128

(8)

Schedule 3 was substituted by the Schedule to S.R. 2008 No. 128

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