Statutory Instrument 1999 No. 609

The National Health Service (Optical Charges and Payments) Amendment Regulations 1999

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© Crown Copyright 1999

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Amendment of regulation 8 of the principal Regulations
     3. In regulation 8(2) of the principal Regulations (eligibility - supply of optical appliances), after the words "at the time of" insert the words "the payment for".

Amendment of regulation 9 of the principal Regulations
     4. In regulation 9 of the principal Regulations (issue of vouchers by ophthalmic medical practitioners or opticians)-

(a) after paragraph (1) insert the following paragraphs-

    " (1A) Where-


(a) a patient has been supplied with an optical device following a testing of sight under the Ophthalmic Services Regulations or otherwise;

(b) the patient has indicated that he is an eligible person; and

(c) the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that-


(i) the prescription relating to the patient's existing optical appliance is unchanged; and

(ii) the patient requires a new optical appliance because his existing appliance has been rendered unserviceable by fair wear and tear,



the ophthalmic medical practitioner or optician may issue to the patient, in accordance with paragraph (2), a voucher relating to the optical appliance prescribed by the prescription.



    (1B) Where-



(a) a patient has been issued with a prescription following a testing of sight under the Ophthalmic Services Regulations or otherwise;

(b) the patient has indicated that, following the issue of the prescription, he has become an eligible person; and

(c) an ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that-


(i) no voucher has been issued in respect of the prescription; and

(ii) the prescription is unchanged,



the ophthalmic medical practitioner or optician may issue to the patient a voucher relating to the optical appliance prescribed by the prescription.".



(b) In paragraph (5), after the word "Unless" insert the words "paragraph (1A) or".

Amendment of regulation 11 of the principal Regulations
     5. For regulation 11 of the principal Regulations (issue of replacement vouchers by health authorities or NHS trusts) substitute the following regulation-

" Issue of replacement vouchers by Health Authorities or NHS trusts
     11. Where, on an application by a patient within 2 years of a voucher having been issued to him under regulation 9(1) or 10(1), a Health Authority or NHS trust is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may authorise an ophthalmic medical practitioner or optician to issue to the patient a replacement voucher completed in accordance with regulation 9(2)(a) and (b) or 10(2)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.".

Amendment of regulation 12 of the principal Regulations
     6. In regulation 12(1) of the principal Regulations (use of vouchers for supply of optical appliances), for "6 months" substitute "2 years".

Amendment of regulation 13 of the principal Regulations
     7. In regulation 13 of the principal Regulations (payments to suppliers), in paragraph (2)(b), for "21(1)" substitute "27(1)".

Amendment of regulation 19 of the principal Regulations
     8. In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair)-

(a) in paragraph (1)(b), for "£40.90" substitute "£42.00"; and

(b) in paragraph (3), for "£10.50" substitute "£10.80".

Amendment of regulation 20 of the principal Regulations
     9. In regulation 20 of the principal Regulations (payments to patients in respect of the supply, replacement or repair of optical appliances)-

(a) in paragraph (1), for "(15)(1)" substitute "15(1)";

(b) in paragraph (3)-


(i) before the words "Any such claim" insert the words "Subject to paragraph (3A),";

(ii) after the words "after the date of" insert the words "payment for";



(c) after paragraph (3), insert the following paragraph-

    " (3A) Where a patient pays by instalments for the supply, replacement or repair of an optical appliance, any claim he makes under paragraph (2)(a) or (b) must be made within three months after the date of payment of the first instalment.".

(d) in paragraph (5), before the words "Where the Secretary of State" insert the words "Subject to paragraph (7),";

(e) in paragraph (6), before the words "Where the responsible authority" insert the words "Subject to paragraph (7),";

(f) after paragraph (6), add the following paragraph-

    " (7) Where the responsible authority makes a payment under paragraph (5) or (6) to a patient who pays by instalments for the supply, replacement or repair of an optical appliance, that payment shall 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 which could have been completed under regulation 9, 10 or 16 if the patient had satisfied the requirements of regulation 9(1), 10(1) or 16(4) as the case may be.".

Amendment of the Schedules to the principal Regulations
     10.  - (1) For Schedule 1 to the principal Regulations (voucher letter codes and face values - supply and replacement), substitute the Schedule 1 set out in Part I of the Schedule to these Regulations.

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

(a) in paragraph 1(1)(a) (prism - single vision lens), for "£5.40" substitute "£6.00";

(b) in paragraph 1(1)(b) (prism - other lens), for "£6.70" substitute "£6.90";

(c) in paragraph 1(1)(c) (single vision tinted lens), for "£2.90" substitute "£3.00", and after the word "tinted" insert the words "or photochromic";

(d) in paragraph 1(1)(d) (other tinted lens), for "£3.40" substitute "£3.50", and after the word "tinted" insert the words "or photochromic";

(e) in paragraph 1(1)(e) (small glasses), for "£46.10" substitute "£47.30", for "£40.90" substitute "£42.00", and for "£22.10" substitute "£22.70";

(f) in paragraph 1(1)(g) (specially manufactured frames), for "£46.10" substitute "£47.30";

(g) in paragraph 2(a) (minimum complex appliance payment - single vision lenses), for "£4.60" substitute "£10.00";

(h) in paragraph 2(b) (minimum complex appliance payment - other lenses), for "£24.80" substitute "£25.40".

    (3) For Schedule 3 to the principal Regulations (voucher values - repair), substitute the Schedule 3 set out in Part II of the Schedule to these Regulations.

Revocation
     11. In paragraph 1 of Schedule 2 to the principal Regulations-

(a) sub-paragraph (1)(f) is hereby revoked; and

(b) in sub-paragraph (2), ", (f)" shall be omitted.

Signed by authority of the Secretary of State for Health


John Denham
Minister of State, Department of Health

8th March 1999

" SCHEDULE 1Regulations 1(2), 9(2)(a), 10(2)(a) and 16(2)(a) and (3)(a)


VOUCHER LETTER CODES AND FACE VALUES - SUPPLY AND REPLACEMENT



(1) Type of optical appliance	(2) Letter code	(3) Face value of voucher
1. Glasses with single vision lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.	A	£28.70
2. Glasses with single vision lenses- (a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres; (b) of a spherical power of less than 10 dioptres with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.	B	£43.60
3. Glasses with single vision lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres.	C	£59.40
4. Glasses with single vision lenses- (a) of a spherical power of more than 14 dioptres with any cylindrical power; (b) of a cylindrical power of more than 6 dioptres with any spherical power.	D	£134.20
5. Glasses with bifocal lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.	E	£49.50
6. Glasses with bifocal lenses- (a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres; (b) of a spherical power less than 10 dioptres with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.	F	£63.00
7. Glasses with bifocal lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres;	G	£75.80
8 Glasses with prism-controlled bifocal lenses of any power or with bifocal lenses- (a) of a spherical power of more than 14 dioptres with any cylindrical power; (b) with a cylindrical power of more than 6 dioptres with any spherical power.	H	£147.50
9. Glasses not falling within any of paragraphs 1 to 8 for which a prescription is given in consequence of a testing of sight by an NHS trust.	I	£147.50
10. Contact lenses for which a prescription is given in consequence of a testing of sight by an NHS trust.	J	£42.00"

" SCHEDULE 3Regulation 19(2) and (3)


VOUCHER VALUES - REPAIR



(1) Nature of Repair	(2) Letter Codes - Values
	A	B	C	D	E	F	G	H & I
	£	£	£	£	£	£	£	£
Repair or replacement of one lens	8.90	16.40	24.30	52.90	19.40	26.00	32.50	58.70
Repair or replacement of two lenses	18.00	32.90	48.70	105.90	38.80	52.10	65.10	117.50
Repair or replacement of:
the front of a frame	9.20	9.20	9.20	9.20	9.20	9.20	9.20	9.20
a side of a frame	5.50	5.50	5.50	5.50	5.50	5.50	5.50	5.50
the whole frame	10.80	10.80	10.80	10.80	10.80	10.80	10.80	10.80"

[2] S.I. 1997/818. Relevant amending instruments are S.I. 1997/2488 and 1998/499.back