Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Exemptions from Charges, Payments and Remission of Charges) Amendment and Transitional Provisions Regulations 2014 and come into force on 1st November 2014.

(2) In these Regulations—

“the 2003 Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003( 2 );

“the 2008 Regulations” means the Primary Ophthalmic Services Regulations 2008( 3 ); and

“the 2013 Regulations” means the National Health Service (Optical Charges and Payments) Regulations 2013( 4 ).

Amendment to the 2003 Regulations

2. In regulation 5 of the 2003 Regulations (entitlement to full remission and payment), for sub-paragraph (1)(f) substitute—

“ (f) he is—

(i) receiving universal credit either as a single person or as a member of a couple, or

(ii) a child or qualifying young person for whom a recipient referred to in paragraph (i) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder),

but (except for the purposes of entitlement that arises before 1st April 2015) this sub-paragraph ceases to have effect on 1st April 2015. ” .

Amendment to the 2008 Regulations

3. In regulation 3 of the 2008 Regulations (sight tests – eligibility), for paragraph (2)(l) substitute—

“ (l) he is—

(i) receiving universal credit either as a single person or as a member of a couple, or

(ii) a child or qualifying young person for whom a recipient referred to in paragraph (i) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder),

but (except for the purposes of entitlement that arises before 1st April 2015) this sub-paragraph ceases to have effect on 1st April 2015. ” .

Amendment to the 2013 Regulations

4. In regulation 8 of the 2013 Regulations (eligibility for a voucher – supply of optical appliances), for paragraph (3)(j) substitute—

“ (j) that person is—

(i) receiving universal credit either as a single person or as a member of a couple, or

(ii) a child or qualifying young person for whom a recipient referred to in paragraph (i) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder),

but (except for the purposes of entitlement that arises before 1st April 2015) this sub-paragraph ceases to have effect on 1st April 2015. ” .

Transitional provision relating to the amendment of regulation 5 of the 2003 Regulations

5. As respects NHS travel expenses incurred or NHS charges levied before 1st November 2014, if—

(a) immediately before 1st November 2014, a person was entitled to payment in full of NHS travel expenses or the full remission of an NHS charge by virtue of regulation 5 of the 2003 Regulations (entitlement to full remission and payment); and

(b) but for the application of this regulation, that entitlement would cease by virtue of the amendment made to regulation 5 of the 2003 Regulations by regulation 2,

until 31st March 2015, regulation 5 of the 2003 Regulations has effect in relation to that person’s entitlement to payment in full of NHS travel expenses and the full remission of an NHS charge as if regulation 2 had not come into force.

Transitional provision relating to the amendment of regulation 3 of the 2008 Regulations

6. As respects eligibility to receive NHS sight tests before 1st November 2014, if—

(a) immediately before 1st November 2014, a person was eligible to receive an NHS sight test by virtue of regulation 3 of the 2008 Regulations (sights tests – eligibility); and

(b) but for the application of this regulation, that eligibility would cease by virtue of the amendment to regulation 3 of the 2008 Regulations by regulation 3,

until 31st March 2015, regulation 3 of the 2008 Regulations has effect in relation to that person’s eligibility to receive NHS sight tests as if regulation 3 of these Regulations had not come into force.

Transitional provision relating to the amendment of regulation 8 of the 2013 Regulations

7. As respects eligibility for a voucher before 1st November 2014, if—

(a) immediately before 1st November 2014, a person was eligible for a payment by virtue of regulation 8 of the 2013 Regulations (eligibility for a voucher – supply of optical appliances); and

(b) but for the application of this regulation, that eligibility would cease by virtue of the amendment to regulation 8 of the 2013 Regulations by regulation 4,

until 31st March 2015, regulation 8 of the 2013 Regulations has effect in relation to that person’s eligibility for a payment as if regulation 4 had not come into force.