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 Provision) Regulations 2015 and come into force on 1st November 2015.

(2) In these Regulations—

“NHS charge” has the meaning given in regulation 4(1) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003( 2 ) (remissible NHS charges);

“NHS travel expenses” has the meaning given in regulation 3(1) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003( 3 ) (NHS travel expenses);

“ophthalmic practitioner” has the meaning given in regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 2013( 4 ) (interpretation);

“sight test” is to be construed in accordance with section 36(2) of the Opticians Act 1989( 5 ) (interpretation); and

“voucher” has the meaning given in regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 2013.

Amendment to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

2. —(1)The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 are amended in accordance with this regulation.

(2) In regulation 2( 6 ) (interpretation), in the appropriate places insert—

“ “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 ( 7 ) (assessment periods);

“child element” means the child element of universal credit as specified in regulation 24(1) of the Universal Credit Regulations 2013 (the child element);

“earned income” means a person’s earned income as defined by Chapter 2 of Part 6 of the Universal Credit Regulations 2013 ( 8 ) (calculation of capital and income – earned income);

“LCW element” means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“LCWRA element” means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA element). ”

(3) In regulation 5( 9 ) (entitlement to full remission and payment)—

(a) in paragraph (1), for sub-paragraph (f)( 10 ) substitute—

“ (f) that person is a relevant universal credit recipient. ” ; and

(b) after paragraph (1), insert—

“ (1A) For the purposes of paragraph (1)(f) “relevant universal credit recipient” means a person who is—

(a) receiving universal credit ( 11 ) , either as a single person ( 12 ) or as a member of a couple ( 13 ) , without—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £435.00 or less in the assessment period;

(b) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £935.00 or less in the assessment period; or

(c) a child or qualifying young person ( 14 ) for whom a recipient referred to in sub-paragraph (b) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 ( 15 ) (universal credit) and regulations made thereunder). ” .

Amendment to the Primary Ophthalmic Services Regulations 2008

3. In regulation 3 of the Primary Ophthalmic Services Regulations 2008( 16 ) (sight tests – eligibility)—

(a) in paragraph (2), for sub-paragraph (l)( 17 ) substitute—

“ (1) that person is a relevant universal credit recipient. ” ;

(b) after paragraph (2), insert—

“ (2A) For the purposes of paragraph (2)(l) “relevant universal credit recipient” means a person who is—

(a) receiving universal credit, either as a single person or as a member of a couple, without—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £435.00 or less in the assessment period;

(b) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £935.00 or less in the assessment period; or

(c) a qualifying young person for whom a recipient referred to in paragraph (b) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 (universal credit) and regulations made thereunder). ” ; and

(c) in paragraph (4), for sub-paragraph (e)( 18 ) substitute—

“ (e) in sub-paragraph (l)—

“assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 ( 19 ) (assessment periods);

“child element” means the child element of universal credit as specified in regulation 24(1) of the Universal Credit Regulations 2013 (the child element);

“couple” has the meaning given in section 39 of the Welfare Reform Act 2012 ( 20 ) (couples);

“earned income” means a person’s earned income as defined by Chapter 2 of Part 6 of the Universal Credit Regulations 2013 ( 21 ) (calculation of capital and income – earned income);

“LCW element” means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“LCWRA element” means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“qualifying young person” has the meaning given in section 10(5) of the Welfare Reform Act 2012 ( 22 ) (responsibility for children and young persons);

“single person” is to be construed in accordance with section 1(2)(a) of the Welfare Reform Act 2012 (universal credit); and

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012 (universal credit). ” .

Amendment to the National Health Service (Optical Charges and Payments) Regulations 2013

4. In regulation 8 of the National Health Service (Optical Charges and Payments) Regulations 2013( 23 ) (eligibility for a voucher – supply of optical appliances)—

(a) in paragraph (3), for sub-paragraph (j) substitute—

“ (j) that person is a “relevant universal credit recipient. ” ;

(b) after paragraph (3) insert—

“ (3A) For the purposes of paragraph (3)(j) “relevant universal credit recipient” means a person who is—

(a) receiving universal credit, either as a single person or as a member of a couple, without—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £435.00 or less in the assessment period;

(b) receiving universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—

(i) the child element,

(ii) the LCW element, or

(iii) the LCWRA element,

and either has no earned income or has earned income of £935.00 or less in the assessment period; or

(c) a qualifying young person for whom a recipient referred to in sub-paragraph (b) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 (universal credit) and regulations made thereunder). ” ; and

(c) in paragraph (4), for sub-paragraph (e) substitute—

“ (e) sub-paragraph (j)—

“assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 ( 24 ) (assessment periods);

“child element” means the child element of universal credit as specified in regulation 24(1) of the Universal Credit Regulations 2013 (the child element);

“couple” has the meaning given in section 39 of the Welfare Reform Act 2012 ( 25 ) (couples);

“earned income” means a person’s earned income as defined by Chapter 2 of Part 6 of the Universal Credit Regulations 2013 ( 26 ) (calculation of capital and income – earned income);

“LCW element” means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“LCWRA element” means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations 2013 (award to include LCW and LCWRA elements);

“qualifying young person” has the meaning given in section 10(5) of the Welfare Reform Act 2012 ( 27 ) (responsibility for children and young persons);

“single person” is to be construed in accordance with section 1(2)(a) of the Welfare Reform Act 2012 (universal credit); and

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012 (universal credit). ” .

Transitional provision relating to the amendment of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

5. —(1) This regulation applies where NHS travel expenses are incurred or an NHS charge is paid before 1st November 2015 and—

(a) immediately before that date, 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 National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (entitlement to full remission and payment); and

(b) but for the application of this regulation, that person’s entitlement would cease by virtue of the amendments made to regulation 5 of those Regulations by regulation 2.

(2) Where this regulation applies, regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 continues to have effect as if the amendment made by regulation 2 had not come into force.

Transitional provision relating to the amendment of the Primary Ophthalmic Services Regulations 2008

6. —(1) This regulation applies where, before 1st November 2015, a cost is incurred by a person in respect of a sight test by an ophthalmic practitioner without a voucher being completed, and—

(a) immediately before that date, that person would have been entitled to have a sight test under primary ophthalmic services by virtue of paragraph (2)(l) of regulation 3 of the Primary Ophthalmic Services Regulations 2008(sight test – eligibility); and

(b) on or after that date, that person would no longer be so entitled by virtue of the amendments made to regulation 3 of those Regulations by regulation 3.

(2) Where this regulation applies, regulation 6 of the National Health Service (Optical Charges and Payments) Regulations 2013 (payments to a person in respect of sight tests) has effect in relation to that person’s eligibility for a payment as if—

(a) the amendments made by regulation 3 had not come into force; and

(b) that person was an “eligible person” for the purposes of regulation 6(1) of those Regulations.

Transitional provision relating to the amendment of the National Health Service (Optical Charges and Payments) Regulations 2013

7. —(1) This paragraph applies where a cost is incurred by a person in respect of the supply, replacement or repair of an optical appliance( 28 ) before 1st November 2015 and—

(a) immediately before that date, that person was eligible for a payment by virtue of regulation 8 (eligibility for a voucher – supply of optical appliances) or 16 (eligibility for a voucher – replacement or repair) of the National Health Service (Optical Charges and Payments) Regulations 2013; and

(b) but for the application of paragraph (2), that person’s entitlement would cease by virtue of the amendments made to regulation 8 of those Regulations by regulation 4.

(2) Where paragraph (1) applies, regulation 24 of the National Health Service (Optical Charges and Payments) Regulations 2013( 29 ) (payments to persons in respect of the supply, replacement or repair of optical appliances) continues to have effect in relation to that person’s eligibility for a payment as if the amendment made by regulation 4 had not come into force.

(3) This paragraph applies where—

(a) before 1st November 2015, a person was issued with a voucher in accordance with regulation 9 (issue of vouchers by ophthalmic practitioners), 10 (issue of vouchers by NHS trusts) or 11 (issue of replacement vouchers) of the National Health Service (Optical Charges and Payments) Regulations 2013; and

(b) that voucher has not been accepted before that date.

(4) Where paragraph (3) applies such a voucher must be processed in accordance with the provisions of the National Health Service (Optical Charges and Payments) Regulations 2013 as if the amendments made by regulation 4 had not come into force.