The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

PART ISGENERAL

Citation, commencement and interpretationS

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 and shall come into force on 1st April 1998.

(2) In these Regulations, unless the context otherwise requires–

“the Act” means the National Health Service (Scotland) Act 1978;

[F1“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;]

F2...

“capital limit” means the amount prescribed for the purposes of section 134(1) of the Social Security Contributions and Benefits Act 1992(1) as it applies to income support;

“child” means a person who is under the age of 16 years;

[F3“child tax credit” means child tax credit under the Tax Credits Act 2002;]

“complex appliance” means an optical appliance at least one lens of which–

[F4“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;]

[F5“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000;]

F2...

“eligible person” is to be construed–

“face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 3;

F7...

“income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995(2);

[F8“income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007(2);]

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;

“Health Board” means a Health Board constituted under section 2 of the Act;

“minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 3;

F9...

“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;

[F10“ophthalmic medical practitioner” has the same meaning as in the Ophthalmic Services Regulations]

F11...

“Ophthalmic Services Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations [F122006];

“optician” means an ophthalmic optician;

“patient” means a person whose sight has been tested whether under the Act or otherwise;

“patient’s contribution” is to be construed as follows–

“patient’s resources” means a person’s resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations;

[F15“pension credit guarantee credit” means state pension credit guarantee credit as construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;]

“redemption value” is to be construed–

F17...

[F18“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;]

“the Remission Regulations” means [F19the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003] and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;

“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F20“responsible authority” means–

[F23“severe disability element” means the severe disability element of working tax credit as specified in section 11(6)(d) of the Tax Credits Act 2002;]

[F24“small glasses” means glasses–

“supplier” includes a person replacing or repairing an optical appliance;

“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;

[F25“tax credit” has the same meaning as in section 1(2) of the Tax Credits Act 2002;]

[F26“universal credit” means universal credit under Part 1 of the Welfare Reform Act  2012;]

F2...

[F27“voucher” for the purpose of enabling a payment to be made under these Regulations means–

[F32“working tax credit” means working tax credit under the Tax Credits Act 2002;]

(3) For the purposes of Schedule 1–

(a)where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and

(b)[F33subject to sub-paragraph (bb),] where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight; and

[F34(bb)where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and]

(c)a monocle shall be treated as though it were glasses.

[F35(3A) A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of the [F36Health Board.]]

(4) In these Regulations, unless the context otherwise requires, a reference–

(a)to a numbered regulation, Part or Schedule is to the regulation in, Part of, or Schedule to, these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c)in Schedule 1 to a numbered paragraph is to the paragraph in column 1 in that Schedule bearing that number.