National Health Service Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 1st November 2015. 2 In these Regulations— “the 1998 Regulations ” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 ; and “the 2003 Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) ( No. 2) Regulations 2003 . Amendment of the 1998 Regulations 2 1 Regulation 8 of the 1998 Regulations (eligibility – supply of optical appliances) is amended as follows. 2 For paragraph (3)(q) substitute— q he is— i receiving universal credit, either as a single person or as a member of a couple, where the universal credit award does not include— aa the child element; bb the LCW element; or cc the LCWRA element, and either has no earned income or has earned income of £435 or less in the assessment period; ii 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— aa the child element; bb the LCW element; and cc the LCWRA element, and either has no earned income or has earned income of £935 or less in the assessment period; or iii a qualifying young person for whom a recipient referred to in sub-paragraph (ii) is responsible (within the meaning of Part 1 of the Welfare Reform Act 2012 and regulations made thereunder). . 3 For paragraph (4)(e) substitute— e in sub-paragraph (q)— i “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations (assessment periods); ii “child element” means the child element of universal credit within the meaning of regulation 24(1) of the Universal Credit Regulations (the child element); iii “couple” has the meaning given in section 39 of the Welfare Reform Act 2012 (couples); iv “earned income” means a person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations (earned income); v “LCW element” relates to a limited capability for work and means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements); vi “LCWRA element” relates to a limited capability for work and work related activity and means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations (award to include LCW and LCWRA elements); vii “qualifying young person” has the meaning given in regulation 5 of the Universal Credit Regulations (meaning of “qualifying young person”); viii “single person” has the meaning given in section 1(2)(a) of the Welfare Reform Act 2012 (universal credit); and ix “the Universal Credit Regulations” means the Universal Credit Regulations 2013 . . 4 Omit paragraph (4)(f). Amendment of the 2003 Regulations 3 1 The 2003 Regulations are amended as follows. 2 In regulation 2 (interpretation)— a after the definition of “annuity contract” insert— “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations (assessment periods); ; b after the definition of “child” insert— “child element” means the child element of universal credit within the meaning of regulation 24(1) of the Universal Credit Regulations (the child element); ; c after the definition of “claimant” insert— “couple” has the meaning given in section 39 of the Welfare Reform Act 2012 (couples); ; d after the definition of “disability element” insert— “earned income” means a person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations (earned income); ; e after the definition of “the income support regulations” insert— “LCW element” relates to a limited capability for work and means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements); “LCRWA element” relates to a limited capability for work and work related activity and means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations (award to include LCW and LCWRA elements); ; f in the definition of “qualifying young person” for “section 10(5) of the Welfare Reform Act 2012” substitute “regulation 5 of the Universal Credit Regulations (meaning of “qualifying young person”)”; g in the definition of “single person” for “(bc)” substitute “(ba) and (bza)”; and h after the definition of “universal credit” insert — “the Universal Credit Regulations” means the Universal Credit Regulations 2013; . 3 In regulation 4(2) (description of persons entitled to full remission and payment)— a in sub-paragraph (ba), at the end, insert— , either as a single person or as a member of a couple, where the universal credit award does not include— i the child element; ii the LCW element; or iii the LCRWA element, and either has no earned income or has earned income of £435 or less in the assessment period; bza a person who is in receipt of 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 LCRWA element, and either has no earned income or has earned income of £935 or less in the assessment period ; b in sub-paragraph (bb), for “(ba)” substitute “(bza)”; and c omit sub-paragraph (bc). Amendment of the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015 4 In regulation 2(1) of the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015 (amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998) for “1988” substitute “1998”. Saving provisions 5 1 In a case to which paragraph (2) applies, regulation 12 of the 1998 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 2 of these Regulations came into force. 2 This paragraph applies in a case where— a a person was issued with a voucher in accordance with regulation 9, 10 or 11 of the 1998 Regulations before 1st November 2015; b that voucher has not been accepted before that date; and c but for the application of this regulation, that person would cease to be eligible to present that voucher by virtue of the amendment made to regulation 8 of the 1998 Regulations by regulation 2 of these Regulations. 6 1 In a case to which paragraph (2) applies, regulation 20 of the 1998 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 2 of these Regulations came into force. 2 This paragraph applies in a case where— a a person was eligible to receive a payment under regulation 20 of the 1998 Regulations in respect of the supply, replacement or repair of an optical appliance which took place before 1st November 2015; and b but for the application of this regulation, that person would cease to be eligible to receive such a payment by virtue of the amendment made to regulation 8 of the 1998 Regulations by regulation 2 of these Regulations. 7 1 In a case to which paragraph (2) applies, regulation 11 of the 2003 Regulations continues to have effect as it had effect immediately before the amendments made by regulation 3 of these Regulations came into force. 2 This paragraph applies in a case where— a a person had paid relevant travelling expenses or relevant charges before 1st November 2015 without exercising the person’s right under regulation 3(1) of the 2003 Regulations; b the person was entitled to a repayment by virtue of regulation 11(1) of the 2003 Regulations (entitlement to full remission and payment); and c but for the application of this regulation, that entitlement would cease by virtue of the amendments made to regulation 4 of the 2003 Regulations by regulation 3 of these Regulations. 3 In this regulation, “relevant charges” and “relevant travelling expenses” have the meanings given in regulation 3(1) of the 2003 Regulations. MAUREEN WATT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 15th September 2015