1 Citation, commencement, interpretation and application

(1)    These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004 and shall come into force on 1 April 2004 except for regulation 3(2) and (3) which shall come into force on 6 April 2004.

(2)    In these Regulations—

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

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

(3)    These Regulations apply to England only.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2004: see para (1) above.

Extent

These Regulations apply to England only: see para (3) above.

Medical Procedure & Treatment92 Health Law92

2 Amendments to the Optical Regulations and the Ophthalmic Regulations concerning prisoners

2Amendments to the Optical Regulations and the Ophthalmic Regulations concerning prisoners

(1)    In both regulation 1(2) of the Optical Regulations (citation, commencement and interpretation) and in regulation 2(1) of the Ophthalmic Regulations (interpretation) after the definition of “pension credit guarantee credit” insert the following new definitions—

““prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;”;

““prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by or under arrangements made by a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services);”.

(2)    In regulation 8 of the Optical Regulations (supply of optical appliances) in paragraph (2) after sub-paragraph (f) insert—

“(g)    a prisoner.”.

(3)    In regulation 13 of the Ophthalmic Regulations (sight tests—eligibility) in paragraph (1) after sub-paragraph (h) insert—

“(i)    a prisoner.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2004: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

Prisons, Custodial Institutions & Service of Sentence94 Sentencing of Young Offenders91 Criminal Procedure91 Pensions Law94 Criminal Law & Disposition of Offenders91 Sentencing Powers & General Principles of Sentencing91 State Pensions94 Young Offenders Institutions94 Young Persons91

3 Amendments to the Optical Regulations

3Amendments to the Optical Regulations

(1)    The Optical Regulations are amended as follows.

(2)    In regulation 1 in paragraph (2) after the definition of “responsible authority” insert the following new definition—

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

(3)    In regulation 8 in paragraph (3)(1)—

(a)    in head (i), after “disability element”, insert “or severe disability element”, and

(b)    in head (ii) for “£14,200”, substitute “£14,600”.

(4)    In regulation 19 (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”.

NOTES
Initial Commencement
Specified date

Paras (1), (4): Specified date: 1 April 2004: see reg 1(1).

Paras (2), (3): Specified date: 6 April 2004: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

Tax Credits97 Income Tax Allowances, Deductions & Reliefs92 Personal Taxes97 Tax Law97 Income Tax92

4 Amendment of the Schedules to the Optical Regulations

4Amendment of the Schedules to the Optical Regulations

(1)    In Schedule 1 to the Optical 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.

(1)(2)
Old amountNew amount
£31.30£32.10
£47.60£48.80
£64.80£71.30
£146.30£161.00
£54.00£55.40
£68.70£70.40
£83.00£91.30
£160.90£177.00
£160.90£164.90
£45.70£46.80.

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

(a)    in paragraph 1(1)(a), for “£10.10” substitute “£10.40”;

(b)    in paragraph 1(1)(b), for “£12.20” substitute “£12.50”;

(c)    in paragraph 1(1)(c), for “£3.40” substitute “£3.50”;

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

(e)    in paragraph 1(1)(e), for “£51.50”, “£45.70”, and “£24.80” substitute “£52.80”, “£46.80” and “£25.40” respectively;

(f)    in paragraph 1(1)(g), for “£51.50” substitute “£52.80”;

(g)    in paragraph 2(a), for “£11.00” substitute “£12.10”; and

(h)    in paragraph 2(b), for “£27.70” substitute “£30.50”.

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

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2004: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

5 Application of these Regulations

5Application of these Regulations

The amendments made in Regulations 3(3) and 4 apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2004.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2004: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

Signature

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State,

Department of Health

9th March 2004

SCHEDULE 1 Schedule 3 to the Principal Regulations as Substituted by these Regulations

SCHEDULE 1Schedule 3 to the Principal Regulations as Substituted by these Regulations Regulation 4(3)“SCHEDULE 3
Voucher Values—Repair Regulation 19(2) and (3)
(1)(2)
Nature of RepairLetter Codes-Values
ABCDEFGHI
£££££££££
Repair or replacement of one lens10.0018.3529.6074.4521.6529.1539.6082.4576.40
Repair or replacement of two lenses20.0036.7059.20148.9043.3058.3079.20164.90152.80
Repair or replacement of:
    The front of a frame10.2510.2510.2510.2510.2510.2510.2510.2510.25
    A side of a frame6.106.106.106.106.106.106.106.106.10
    The whole frame12.1012.1012.1012.1012.1012.1012.1012.1012.10”
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2004: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical 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. In regulation 2 they also amend the National Health Service (General Ophthalmic Services) Regulations 1986 so as to provide that prisoners are eligible for free sight tests and are included in the categories of persons who are entitled to vouchers for the supply, replacement and repair of optical appliances. This change is a result of the transfer of responsibility for prison health care from the Home Office to Primary Care Trusts.

Regulation 3 amends regulation 8 of the Optical Regulations to increase the amount used as the basis for calculating the remission of charges under those regulations and extends the eligibility to such remission to families claiming working tax credit with a severe disability element. It also amends regulation 19 of the Optical 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 Optical Regulations. Firstly, the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses is increased; secondly, the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances are increased; and thirdly, the value of vouchers issued towards the cost of the repair and replacement of optical appliances is increased.

The rate of increase is approximately 2.5% except that the value of vouchers for certain people with high prescription lenses is increased by approximately 10%.

Income Tax Allowances, Deductions & Reliefs92 Medical Procedure & Treatment92 Income Tax92 Health Law92 Tax Law92