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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The National Health Service (Charges for Drugs and Appliances) Amendment (No.2) Regulations 2007 No. 1510 URL: http://www.bailii.org/uk/legis/num_reg/2007/20071510.html |
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Made | 22nd May 2007 | ||
Laid before Parliament | 30th May 2007 | ||
Coming into force | 1st July 2007 |
(2) A pre-payment certificate shall be valid for a period of either 3 months or 12 months and an application for such a certificate shall indicate the period for which it is required to be valid.
(3) A pre-payment certificate which is granted confers on the person to whom it is granted exemption as provided by regulation 7(1)(g) in respect of drugs and appliances supplied during the period for which it is valid.
(4) The sum payable for a pre-payment certificate valid for 3 months shall be £26.85 and for a pre-payment certificate valid for 12 months shall be £98.70.
(5) The Secretary of State may refuse to accept payment for a pre-payment certificate valid for 12 months by means of direct debit in ten monthly instalments, and refuse to grant such a certificate to a person, where that person—
(6) The condition referred to in paragraph (1) is that the person making an application for the pre-payment certificate in accordance with paragraph (1) has paid the Secretary of State—
(7) A pre-payment certificate shall be valid—
(b) from a date after the application is made, where that date—
(c) if the applicant does not specify a date under sub-paragraphs (a)(i) or (b)(i), from the date upon which the application is received.
(8) Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months or 12 months has been made under this regulation and, not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom payment was made—
(9) Where payment of the issuing amount in respect of a pre-payment certificate valid for 12 months has been made under this regulation and during the period beginning with the date on which the pre-payment certificate became valid and ending with the date of its expiry, the person in respect of whom payment was made—
(10) Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months or 12 months has been made under this regulation and during the period beginning one month after the date on which the pre-payment certificate became valid and ending with the date of its expiry, the person in respect of whom payment was made—
an application for a refund may be made on behalf of that person's estate in accordance with paragraphs (13) and (14), and calculated in accordance with paragraph (11), in respect of each complete month following the date on which the person died or became resident in hospital.
(11) The refund referred to in paragraphs (9) and (10) shall be calculated as follows—
and for the purposes of these calculations, a "complete month" is a month beginning on the monthly anniversary of the date on which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month, "the relevant date" is the date on which one of the events listed in paragraphs (9)(a) to (c) or (10) (a) and (b) occurred, and if the calculations produce a minus figure for the refund, no refund will be payable.
(12) Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months has been made under this regulation and not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom payment was made—
an application for a refund of two thirds of £26.85 may be made by or on behalf of that person or his estate in accordance with paragraphs (13) and (14).
(13) An application for a refund under this regulation shall be made to the Secretary of State and shall be accompanied by the pre-payment certificate (where granted) and a declaration in support of the claim and any repayment shall be made in such manner and subject to such conditions as the Secretary of State may determine.
(14) An application for a refund under this regulation shall be made where the person in respect of whom the payment of the issuing amount was made—
within 3 months of the date on which he becomes a person falling within sub-paragraphs (i) or (ii); or
(c) becomes resident in hospital and remains there until the expiry of the pre-payment certificate, within 3 months of the date of expiry.".
Transitional provisions relating to regulation 9 of the Charges Regulations
3.
—(1) Where an application for a pre-payment certificate made under regulation 9 of the Charges Regulations as they are immediately before these Regulations come into force is received prior to 1st July 2007, but is not determined prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application and to the grant of any pre-payment certificate pursuant to that application as if these Regulations had not come into force.
(2) Where, on or after 1st July 2007 but prior to 1st November 2007, a postal application for a pre-payment certificate valid for 4 months is received with payment of the sum of £34.65, that application shall be determined and, if appropriate, a pre-payment certificate valid for 4 months shall be granted in accordance with the Charges Regulations as if these Regulations had not come into force and the Charges Regulations shall have effect in relation to that pre-payment certificate, including any application for a refund of the sum paid for that pre-payment certificate, as if these Regulations had not come into force.
(3) Where an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received prior to 1st July 2007, but is not determined prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
(4) Where, on or after 1st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 12 months which was granted pursuant to an application received prior to 1st July 2007 and the application is made on the grounds that not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom the pre-payment certificate was granted—
{/d3}
the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
(5) Where, on or after 1st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 4 months which was granted pursuant to an application received prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hunt
Minister of State Department of Health
22nd May 2007
[2] S.I. 2000/620, as amended by S.I. 2000/2393, S.I. 2000/3189, S.I. 2001/746, S.I. 2001/2887, S.I. 2002/548, S.I. 2002/1386, S.I. 2002/2352, S.I. 2003/585, S.I. 2003/699, S.I. 2003/1084, S.I. 2004/663, S.I. 2005/578, S.I. 2006/675 and S.I. 2007/543.back
[3] S.I. 2003/2382, as amended by S.I. 2004/663, S.I. 2004/936, S.I. 2005/26, S.I. 2005/578, S.I. 2006/675, S.I. 2006/1065, S.I. 2006/2171 and S.I. 2007/988.back