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	Statutory Instruments of the Scottish Parliament
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(a) "the 1986 Regulations" means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986[2]"; and

(b) "eligible person" has the same meaning as in paragraph 2(1) of the 1986 Regulations.

Amendment of the 1986 Regulations
     2.  - (1) The 1986 regulations are amended as follows.

    (2) In regulation 2(1) (interpretation)[3]-

(a) after the definition of "capital limit", insert-

" "child tax credit" means child tax credit under the Tax Credits Act 2002[4];";

(b) after the definition of "director", insert-

" "disability element" means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;";

(c) after the definition of "qualifications", insert-

" "relevant income" has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;";

(d) after the definition of "suspended by direction of the Tribunal", insert-

" "tax credit" has the same meaning as in section 1(2) of the Tax Credits Act 2002;";

(e) after the definition of "the Tribunal", insert-

" "working tax credit" means working tax credit under the Tax Credits Act 2002;"; and

(f) omit the definitions of "amount withdrawn", "disabled person's tax credit" and "working families' tax credit".

    (3) In regulation 14 (sight tests - eligibility)[5]-

(a) in paragraph (2)-


(i) at the end of sub paragraph (j), insert-

" or
(k) he is a member of a family-


(i) one member of which is receiving-


(aa) working tax credit and child tax credit; or

(bb) working tax credit which includes a disability element; or

(cc) child tax credit, but is not eligible for working tax credit;



     and



(ii) where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or



(l) he is a member of a family in respect of which there is a current notice of entitlement under regulation 14ZA."; and



(ii) omit sub paragraphs (c), (d), (g) and (h); and



(b) for paragraph (4), substitute-

    " (4) In paragraph (2)-


(a) in sub paragraphs (b) and (f), "family" has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992, as it applies to income support;

(b) in sub paragraph (j), "family" has the meaning given to it by section 35 of the Jobseekers Act 1995[6]; and

(c) in sub paragraph (k), "family" has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002[7].".

    (4) After regulation 14, insert-

" Notice of entitlement
     14ZA  - (1) Where a person is entitled to a sight test under general ophthalmic services because he is a member of a family described in regulation 14(2)(k), the Scottish Ministers shall issue a notice of entitlement under this regulation to that family.

    (2) Such a notice of entitlement shall apply to-


(a) any family member who is named in the notice of entitlement; and

(b) any other member of such a person's family.



    (3) A notice of entitlement issued under paragraph (1) shall be effective-



(a) from such date; and

(b) for such period,



as the Scottish Ministers may determine.

    (4) Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.

    (5) A notice of entitlement means a notice issued under this regulation and not under regulation 7 of the Remission Regulations [8]."

Saving provision
     3. Notwithstanding the revocation of regulation 14(2)(c), (d), (g) and (h) of the 1986 Regulations, any person who, immediately before the coming into force of regulation 2 of these Regulations was an eligible person under regulation 14(2)(c), (d), (g) and (h) of the 1986 Regulations shall continue to be an eligible person until 31st July 2003.


MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
19th March 2003

[2] S.I. 1986/965.back

[3] Regulation 2 was amended by S.I. 1988/543, 1989/387, 1991/534, 1992/531, 1995/704, 1996/843 and 2353, 1999/725 and S.S.I. 1999/55 and 2001/62.back

[4] 2002 c.36.back

[5] Regulation 14 was substituted by S.I. 1989/387 and amended by S.I. 1991/534, 1995/704, 1996/2353, S.I. 1999/725, S.S.I. 1999/55, 2001/4 and 2002/86.back

[6] 1995 c.18.back

[7] S.I. 2002/2006.back

[8] 1988/546. Regulation 7 was amended by S.I. 1993/642, 1995/700, 1996/429 and 2391 and 1997/1012.back

 

© Crown copyright 2003

Prepared 4 April 2003