Statutory Instruments
2013 No. 1856
National Health Service, England
The National Health Service (Optical Charges and Payments) (Amendment) Regulations 2013
Made
23rd July 2013
Laid before Parliament
29th July 2013
Coming into force
1st November 2013
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 180, 272(7) and (8), and 274 of the National Health Service Act 2006( 1 ).
Citation and commencement
1. These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Amendment) Regulations 2013 and come into force on 1st November 2013.
Amendment of the National Health Service (Optical Charges and Payments) Regulations 2013
2. —(1)The National Health Service (Optical Charges and Payments) Regulations 2013( 2 ) are amended as follows.
(2) For regulation 24, substitute—
“ 24. —(1) A payment may be made under this regulation to a person of a description specified in regulation 8(2) or 16(3) who pays for the supply, replacement or repair of an optical appliance without exercising their right under regulation 9, 10 or 17 to a payment to meet or contribute towards the cost incurred for that supply, replacement or repair.
(2) A person who wishes to receive a payment under this regulation must make a claim to the Board within three months of—
(a) the date of payment for the supply, replacement or repair of the optical appliance, or
(b) where the person pays by instalments, the date of payment of the first instalment,
or within such further period as the Board may allow.
(3) The claim must be made on a form provided by or on behalf of the Board and approved by the Secretary of State for that purpose.
(4) A person who makes a claim under paragraph (2) must produce such evidence in support of the claim as the Board may reasonably require, which may include the receipt for any fee paid for the supply, replacement or repair of the optical appliance.
(5) Where the Board is satisfied that the person is entitled to a payment as a result of a claim under paragraph (2), it must make a payment to the person of an amount equal to the redemption value of the voucher which could have been completed under regulation 9, 10 or 17, as the case may be.
(6) Where the Board makes a payment under paragraph (5) to a person who pays by instalments for the supply, replacement or repair of an optical appliance, that payment must be made as soon as reasonably practicable after the date on which the total value of the instalments paid becomes equal to or greater than the redemption value of the voucher. ”
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
23rd July 2013
2006 c.41 . By virtue of section 271(1) of the National Health Service Act 2006 (“the 2006 Act”), the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. Relevant amendments to section 180 are: sections 205 and 55(1) of, and paragraph 96 of Schedule 4 to, the Health and Social Care Act 2012 (c.7) . See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.