10New regulation 7A inserted into Dental Charges Regulations
In the Dental Charges Regulations, after regulation 7 (remission and repayment), there is inserted—
(1) This regulation applies to any person who:
(a) pays any charge for dental appliances and dental treatment payable pursuant to section 78(1A) or 79 of the Act or to section 20(1) of the Primary Care Act; and
(b) would, but for regulation 5, be exempt from the charge, under paragraph 2(4) or 3(4) of Schedule 12 to the Act, or section 20(6) of the Primary Care Act.
(2) Subject to the following provisions of this regulation, any person to whom this regulation applies is entitled to have such a charge repaid.
(3) Subject to paragraph (4), it is a condition of the entitlement to a repayment under this regulation that the person makes a claim to the Secretary of State for the repayment—
(i) three months after payment of the charge; or
(ii) such further period as the Secretary of State may for good cause allow; and
(b) in a manner approved by or on behalf of the Secretary of State for that purpose; and
(c) supported by such evidence as the Secretary of State may reasonably require.
(4) Subject to paragraph (5), where the person is unable for the time being to act, another person may make a claim on that person's behalf.
(5) The Secretary of State may refuse to accept a claim made by one person on behalf of another where, in the Secretary of State's opinion—
(a) the person on whose behalf the claim is made is able to act; or
(b) the person making the claim is not a suitable person to act on behalf of that other person.
(6) If satisfied that a person is entitled to repayment under this regulation, the Secretary of State shall cause a repayment to be made to that person in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
(7) The Board is authorised to carry out any activity of the Secretary of State under the preceding paragraphs of this regulation relating to the repayment of charges.”.
Specified date: 1 October 2002: see reg 1(1).