The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2004

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2004.

(2) Subject to paragraph (3) these Regulations will come into force on 1st April 2004.

(3) Regulations 2, 3, 7 and 8 will come into force on 6th April 2004.

(4) In these Regulations unless the context otherwise requires —

“the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 1997(1);

“the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986(2).

(5) These Regulations apply to Wales only.

Amendment of regulation 1 of the 1997 Regulations

2.—(1) Regulation 1 of the 1997 Regulations (citation, commencement and interpretation), is amended in accordance with the following provisions of this regulation.

(2) Insert the following definitions in the appropriate place in the alphabetical order—

““Local Health Board” has the meaning assigned to it by section 16BA(3) of the Act;

“pension credit guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002(4);

“severe disability element” means the severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002(5);”.

(3) After paragraph (2), insert the following paragraph—

“(2A) In the application of these Regulations in relation to Wales—

• “Health Authority” shall, in each place where these words occur, have effect as if there were substituted the words “Local Health Board”.”.

Amendment of regulation 8 of the 1997 Regulations

3.  In regulation 8 of the 1997 Regulations (eligibility — supply of optical appliances)—

(a)in paragraph (3)(l)(i)(bb), after “disability element”, insert “or severe disability element”.

(b)in paragraph (3)(l)(ii) for “£14,200” substitute “£14,600”.

Amendment of regulation 19 of the 1997 Regulations

4.  In regulation 19 of the 1997 Regulations (redemption value of voucher for replacement or repair)—

(a)in paragraph (1)(b), for “£45.70” substitute “£46.80”; and

(b)in paragraph (3), for “£11.80” substitute “£12.10”.

Amendment of the Schedules to the 1997 Regulations

5.—(1) In Schedule 1 to the 1997 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 substitute the amount specified in relation to it in column 2 of that table.

(2) In Schedule 2 to the 1997 Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a)in paragraph 1(1)(a) (prism — single vision lens), for “£10.10” substitute “£10.40”;

(b)in paragraph 1(1)(b) (prism — other lens), for “£12.20” substitute “£12.50”;

(c)in paragraph 1(1)(c) (single vision tinted lens), for “£3.40” substitute “£3.50”;

(d)in paragraph 1(1)(d) (other tinted lens), for “£3.90” substitute “£4.00”;

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

(i)for “£51.50” substitute “£52.80”,

(ii)for “£45.70” substitute “£46.80”, and

(iii)for “£24.80” substitute “£25.40”;

(f)in paragraph 1(1)(g) (specially manufactured frames) for “£51.50” substitute “£52.80”;

(g)in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£11.00” substitute “£12.10”;

(h)in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£27.70” substitute “£30.50”.

(3) For Schedule 3 to the 1997 Regulations (voucher values — repair), substitute the Schedule 3 set out in the Schedule to these Regulations.

Use of these Regulations

6.  The amendments made by regulations 4 and 5 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulations 12 or 17 of the 1997 Regulations on or after 1st April 2004.

Amendment of regulation 2 of the 1986 Regulations

7.—(1) Regulation 2 of the 1986 Regulations (interpretation), is amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a)in the definition of “ notice of entitlement”, after “under regulation 7” insert “or 7A”;

(b)in the appropriate positions in the alphabetical order insert the following definitions—

“ “Local Health Board” has the meaning assigned to it by section 16BA(6) of the Act;

“pension credit guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002(7);

“severe disability element” means the severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002(8);”.

(3) After paragraph (1), insert the following paragraph—

“(1A) In the application of these Regulations in relation to Wales—

• “Health Authority” shall, in each place where these words occur, have effect as if there were substituted the words “Local Health Board”.”.

Amendment of regulation 13 of the 1986 Regulations

8.—(1) Regulation 13 of the 1986 Regulations (sight tests — eligibility) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (2) —

(a)for sub-paragraph (l) substitute the following sub-paragraph—

“(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 a severe disability element, or

(cc)child tax credit, but is not eligible to receive working tax credit, and

(ii)where the gross annual 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 £14,600; or”;

(b)after sub-paragraph (l), insert the following sub-paragraphs—

“(m)he is a person in respect of whom there is a current notice of entitlement;

(n)he is a member of a family one member of which is receiving pension credit guarantee credit.”.

(3) In paragraph (3), in sub-paragraph (a), for “sub-paragraphs (b) and (f)” substitute “sub-paragraphs (b), (f) and (n)”.