text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) Regulations 2009 and come into force on 17th September 2009.
2
These Regulations apply in relation to England.
PART 1 Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
2
The National Health Service (Pharmaceutical Services) Regulations 2005 are amended in accordance with this Part.
Amendment of regulation 2
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
omit the definition of “Community Health Council”,
ii
after the definition of “Nursing and Midwifery Register” insert the following definition —
“optometrist independent prescriber” means a person —
who is an optometrist registered in the relevant register; and
against whose name in the relevant register is recorded an annotation signifying that the optometrist is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
,
iii
in the definition of “prescriber”, for “or a supplementary prescriber” substitute “, a supplementary prescriber or an optometrist independent prescriber”, and
iv
in the definition of “relevant register” —
aa
omit the “and” at the end of sub-paragraph (a), and
bb
after sub-paragraph (b) insert the following sub-paragraph —
c
in relation to an optometrist, the register of optometrists maintained under section 7(a) of the Opticians Act 1989 ;
; and
b
after paragraph (4) insert the following paragraphs —
5
For the purposes of these Regulations, “emergency requiring the flexible provision of pharmaceutical services” means an emergency declared by means of a direction to Primary Care Trusts under section 8(1) of the 2006 Act to the effect that, as a result of the threatened damage to human welfare caused or which may be caused by the illness designated in the direction, Primary Care Trusts must for a specified period —
a
exercise, or
b
where a discretion is conferred, consider exercising,
one or more of their functions under regulation 7A, 60(8A) or 65A, paragraph 25A of Schedule 1 or paragraph 13A of Schedule 3, subject to any conditions or limitations set out in the direction.
6
Where —
a
a direction of the type mentioned in paragraph (5) is given; and
b
the Secretary of State issues a further direction changing the specified period of the emergency,
the duration of the emergency is to be construed in accordance with the specified period as so changed.
.
New regulation 7A
4
After regulation 7, insert the following regulation —
Temporary relocations and additional premises during an emergency requiring the flexible provision of pharmaceutical services
7A
1
Regulations 5(1)(b)(i) and (ii) and (c), 6, 7, 12 and 22(1) shall not apply to an application for a temporary amendment to a pharmaceutical list which the Primary Care Trust is satisfied is necessary or expedient because of an emergency requiring the flexible provision of pharmaceutical services.
2
In the circumstances described in paragraph (1), the Primary Care Trust may make a temporary amendment to an entry in the pharmaceutical list, but —
a
only for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances; and
b
the applicant may revert to the applicant’s overridden entry in the pharmaceutical list before the end of the period specified by the Primary Care Trust, on giving the Primary Care Trust at least 24 hours notice.
3
There is no right of appeal under these Regulations in respect of a decision to make or not to make, or to curtail the duration of, a temporary amendment to a pharmaceutical list made under this regulation.
.
Amendment of regulation 12 and its heading
5
In regulation 12 (necessary or desirable test) —
a
in paragraph (1), in both places where the term appears, for “desirable”, substitute “expedient”;
b
in paragraph (2), for “desirable” substitute “expedient”; and
c
in paragraph (3), for “desirable” substitute “expedient”,
and in the heading of that regulation, for “desirable” substitute “expedient”.
Amendment of the heading of regulation 13
6
In the heading of regulation 13 (exemption from the necessary or desirable test), for “desirable” substitute “expedient”.
New regulation 17A
7
After regulation 17, insert the following regulation —
Refusal: same or adjacent premises
17A
A Primary Care Trust shall not grant an application to which regulation 5(1)(a) or (b)(i) or (ii) applies if —
a
a person on a pharmaceutical list (which may or may not be the applicant) is providing or has undertaken to provide pharmaceutical services (“the existing services”) from —
i
the premises to which the application relates, or
ii
adjacent premises; and
b
the Primary Care Trust is satisfied that it is reasonable to treat the services that the applicant proposes to provide as part of the same service as the existing services (and so the premises to which the application relates and the existing listed premises should be considered as one site).
.
Amendment of regulation 23
8
In regulation 23 (notification of applications), in paragraph (3), omit sub-paragraph (e).
Amendment of regulation 27
9
In regulation 27 (notification of decision), in paragraph (3)(e), for “Community Health Council notified under regulation 23(3)(e)” substitute “relevant local involvement network notified under regulation 23(3)(ee)”.
Amendment of regulation 28
10
In regulation 28 (notifications by Primary Care Trusts to other persons), in paragraph (4)(b) —
a
before “registration number,” insert “company”; and
b
for “name and address” substitute “name, address, date of birth and (where applicable) professional registration number”.
Amendment of regulation 33
11
In regulation 33 (notification of an application in respect of premises in a controlled locality), in paragraph (3), omit sub-paragraph (f).
Amendment of regulation 37
12
In regulation 37 (notification of decision in respect of applications in controlled localities), in paragraph (3) —
a
omit “and” at the end of sub-paragraph (d);
b
insert “; and” at the end of sub-paragraph (e); and
c
after sub-paragraph (e) insert the following sub-paragraph —
f
any relevant local involvement network notified under regulation 33(2)(g).
.
Amendment of regulation 53
13
In regulation 53 (withdrawals from the list), after paragraph (5), insert the following paragraphs —
6
Paragraph (7) applies where —
a
a Primary Care Trust —
i
is carrying out an investigation of a chemist (“C”) for one of the reasons given in paragraph (2),
ii
has decided —
aa
to remove C from its pharmaceutical list under section 151 or 152(3) of the 2006 Act,
bb
to remove C contingently from its pharmaceutical list under section 152(1) of the 2006 Act, or
cc
to remove C from its pharmaceutical list for a breach of a condition imposed on inclusion under regulation 44,
but has not yet given effect to its decision, or
iii
has suspended C under section 154(1)(b) of the 2006 Act;
b
an application is made, pursuant to regulation 8, to change the ownership of any listed premises from which C has undertaken to provide pharmaceutical services in the Primary Care Trust’s area; and
c
if that application were granted, C would need to be removed from the pharmaceutical list.
7
Where this paragraph applies, the Primary Care Trust shall determine the application, and if it grants the application —
a
it may include the new owner of the premises on the pharmaceutical list; but
b
it shall not, without the consent of the Secretary of State, remove C’s name from the pharmaceutical list until the investigation or the proceedings referred to in paragraph (6)(a) have been concluded.
8
If C’s name is maintained on a pharmaceutical list pursuant to paragraph (7) —
a
a Primary Care Trust may exercise its functions under Part 3 as regards C; but
b
for all other purposes, C shall be treated as though C’s name had been removed from the pharmaceutical list following the granting of the change of ownership application.
.
Amendment of regulation 60
14
In regulation 60 (arrangements for the provision of pharmaceutical services by doctors), after paragraph (8) insert the following paragraphs —
8A
Notwithstanding the preceding provisions of this regulation, a Primary Care Trust may also require a doctor who already provides pharmaceutical services to patients on a relevant patient list to provide pharmaceutical services to patients who are not on that list (“temporary services”) —
a
during an emergency requiring the flexible provision of pharmaceutical services;
b
where, as a result of the temporary closure of premises from which medicines, drugs or appliances are normally dispensed in the area of the Primary Care Trust, the Primary Care Trust considers that, in order to secure continuing adequate provision of pharmaceutical services in its area during the emergency, it is necessary for it to require provision of those temporary services; and
c
for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances.
8B
Where a doctor is required to provide temporary services by virtue of paragraph (8A), any services provided to a patient as a result of that requirement are to be treated as services provided as part of the arrangements under which the doctor provides primary medical services to patients on the relevant patient list.
8C
There is no right of appeal under these Regulations in respect of a decision —
a
to require, or not to require, a doctor to provide temporary services; or
b
to extend or curtail the duration of any requirement imposed by virtue of paragraph (8A),
but the requirement must be curtailed if the doctor notifies the Primary Care Trust in writing that the doctor is unwilling to provide pharmaceutical services to patients who are not on the relevant patient list during the emergency (and so wishes to revert to the doctor’s overridden arrangements for the provision of pharmaceutical services).
8D
Nothing in paragraph (8A) shall be taken as requiring a doctor (or a GMS, PMS or APMS contractor or PCTMS practice) to provide pharmaceutical services to patients at times when, or from premises at which, the doctor (or contractor or practice) is not also providing pharmaceutical services to patients on a relevant patient list.
.
New regulation 65A
15
After regulation 65, insert the following regulation —
Temporary new or additional premises during an emergency requiring the flexible provision of pharmaceutical services
65A
1
Regulation 65 shall not apply to an application by a doctor of the type mentioned in regulation 65(1)(or (b) for —
a
temporary premises approval in relation to premises in addition to those in respect of which premises approval has already been given under this Part; or
b
temporary premises approval in relation to new premises where the doctor wishes to dispense instead of listed premises,
requiring a temporary amendment to a dispensing doctor list which a Primary Care Trust is satisfied is necessary or expedient because of an emergency requiring the flexible provision of pharmaceutical services.
2
In the circumstances described in paragraph (1), the Primary Care Trust may grant the application, but —
a
only for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances; and
b
the applicant may revert to the overridden premises approval before the end of the period specified by the Primary Care Trust, on giving the Primary Care Trust at least 24 hours notice.
3
There is no right of appeal under these Regulations in respect of a decision —
a
to grant or refuse an application under paragraph (1); or
b
to extend or curtail, or not to extend or curtail, temporary premises approval under paragraph (2)(a).
.
New regulation 69B
16
After regulation 69A , insert the following regulation —
Proceedings with regard to overridden arrangements during an emergency requiring the flexible provision of pharmaceutical services
69B
Where, during an emergency requiring the flexible provision of pharmaceutical services, arrangements for the provision of pharmaceutical services are overridden by temporary arrangements —
a
any proceedings with regard to the overridden arrangements are unaffected by that overriding (although they may need to be stayed during the emergency for other reasons); and
b
if as a result of those proceedings, the overridden arrangements require amendment before the end of the temporary arrangements, when the emergency ends, the reversion to the overridden arrangements shall be to the overridden arrangements as amended as a result of those proceedings.
.
Amendment of paragraph 22 of Schedule 1
17
In paragraph 22 of Schedule 1 (terms of service of pharmacists – pharmacy opening hours: general) —
a
after sub-paragraph (1) insert the following sub-paragraph —
1A
A pharmacist shall also notify the Primary Care Trust of other hours during which the premises from which the pharmacist has undertaken to provide pharmaceutical services will be open, which are hours in addition to those during which the pharmacy is obliged to open by virtue of sub-paragraph (1) (and which are referred to as “supplementary opening hours”).
;
b
in sub-paragraph (5)(a), for “the days on which or times at which pharmaceutical services are to be provided at” substitute “the supplementary opening hours of”; and
c
in sub-paragraph (6)(b) after “the Primary Care Trust”, insert “, unless the Primary Care Trust agrees otherwise”; and
d
in sub-paragraph (11), after “Good Friday” insert “, Easter Sunday”.
Amendment of paragraph 25 of Schedule 1
18
In paragraph 25 of Schedule 1 (terms of service of pharmacists – determination of pharmacy opening hours instigated by the pharmacist) —
a
in sub-paragraph (1)(a), after “each week” insert “(but not any condition imposed by virtue of regulation 13(2)(a))”; and
b
in sub-paragraph (4), for “paragraph 22(1)(a), the pharmacy will need to be open for 40 hours each week”, substitute “whichever of paragraph 22(1)(a) or (b) applies, the pharmacy will need to be open for 40 hours each week or for at least 100 hours each week”.
New paragraph 25A of Schedule 1
19
After paragraph 25 of Schedule 1, insert the following paragraph —
Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services
25A
1
Notwithstanding the provisions of this Part, during an emergency requiring the flexible provision of pharmaceutical services, a Primary Care Trust may, on application from a pharmacist (“P”), permit P a temporary change to the days on which or times at which P is obliged to provide pharmaceutical services at the premises from which P has undertaken to provide pharmaceutical services, or permit temporary closure of those premises, if —
a
P gives at least 24 hours notice of the change or closure; and
b
the reasons given by P for the request are, in the opinion of the Primary Care Trust, adequate reasons.
2
The Primary Care Trust need not approve the request in advance of the change or closure, and if it does not do so but decides subsequently that P’s reasons are not, in its opinion, adequate reasons, then the days on which or times at which P is obliged to provide pharmaceutical services at the premises are to revert to the overridden days or times, from the day after the date on which that decision is given to P.
.
Amendment of paragraph 28 of Schedule 1
20
In paragraph 28 of Schedule 1 (terms of service of pharmacists – inducements etc.) —
a
in sub-paragraph (1) —
i
for “A pharmacist or his staff shall not give” substitute “Neither a pharmacist nor any person employed or engaged by a pharmacist shall give”,
ii
omit “or” at the end of paragraph (a),
iii
at the end of paragraph (b), insert “; or”, and
iv
after paragraph (b), insert the following paragraph —
c
receiving from the pharmacist any directed services.
b
after sub-paragraph (2), insert the following sub-paragraphs —
3
Nothing in sub-paragraph (1) shall prohibit a pharmacist, or a person employed or engaged by a pharmacist, from providing to a patient to whom the pharmacist is providing any directed services any gift which —
a
is supplied as part of the provision of any directed service to that patient;
b
is directly related to that directed service;
c
is supplied in order to encourage or promote health or well-being or the adoption by the patient or the patient’s family of a healthy lifestyle; and
d
in the case of a gift which —
i
is not a medicine, has a monetary value not exceeding £10, or
ii
ii)is a medicine, is supplied as part of the provision of a minor ailments service.
4
Neither a pharmacist nor any person employed or engaged by a pharmacist shall give, promise or offer to any relevant person any gift or reward (including by way of a share of, or dividend on, the profits of the pharmacist’s business, or by way of a discount or rebate) as an inducement to or in consideration of the relevant person recommending to any person that they —
a
present to the pharmacist an order for drugs or appliances on a prescription form or repeatable prescription;
b
nominate the pharmacist as their dispensing contractor (or one of them) on their NHS Care Record; or
c
ask the pharmacist to provide them with any directed service.
5
For the purpose of sub-paragraph (4), “relevant person” means any person who performs or provides NHS services, whether on their own behalf or on behalf of another, and includes —
a
any NHS body, GMS contractor, PMS contractor or APMS contractor; and
b
any person employed or engaged by any of the persons mentioned in paragraph (a).
.
Amendment of paragraph 31 of Schedule 1
21
In paragraph 31 of Schedule 1 (terms of service of pharmacists – Home Primary Care Trust of bodies corporate), in sub-paragraph (1), for “and 30”, substitute “, 30 and 34(3A) and (3B)”.
Amendment of paragraph 34 of Schedule 1
22
In paragraph 34 of Schedule 1 (terms of service of pharmacists – information to be supplied) —
a
in paragraph (1)(a), for “notified to him” substitute “notified to the Primary Care Trust”; and
b
after sub paragraph (3), insert the following sub paragraphs —
3A
Subject to sub-paragraph (7), where a pharmacist that is a body corporate appoints a superintendent or director who was not listed on that body corporate’s application for inclusion on a pharmaceutical list, that pharmacist shall, within 28 days of the person’s appointment, supply to the Primary Care Trust the information mentioned in paragraphs 4 to 7 of Part 3 of Schedule 4 about that person.
3B
Subject to sub-paragraph (7), where —
a
a pharmacist that is a body corporate appointed a superintendent or director before 17th September 2009 who, on 17th September 2009, is still in post; and
b
before that date, the pharmacist had not supplied to the Primary Care Trust the information mentioned in paragraphs 4 to 7 of Part 3 of Schedule 4 about that person,
it must supply that information to the Primary Care Trust before 17th March 2010.
.
Amendment of paragraph 8 of Schedule 2
23
In paragraph 8 of Schedule 2 (terms of service of dispensing doctors – fees and charges), for sub-paragraph (2) substitute the following sub-paragraph —
2
Where a dispensing doctor provides a drug, appliance or additional service as part of the terms of service of the dispensing doctor, if —
a
a GMS contractor had provided that drug, appliance or service under a GMS contract, the contractor would have been entitled to a payment for that drug, appliance or service by virtue of directions under section 87 of the 2006 Act; and
b
the drug, appliance or service has been provided in accordance with the terms of service of the dispensing doctor (even if, by virtue of conditions imposed by the GMS Regulations, a GMS contractor could not have had equivalent terms of service),
the Primary Care Trust shall credit the dispensing doctor with that payment.
.
Amendment of paragraph 10 of Schedule 3
24
In paragraph 10 of Schedule 3 (terms of service of suppliers of appliances – opening hours: general) —
a
in sub-paragraph (1), omit sub-paragraph (b); and
b
in sub-paragraph (9) after “Good Friday” insert “, Easter Sunday”.
New paragraph 13A of Schedule 3
25
After paragraph 13 of Schedule 3, insert the following paragraph —
Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services
13A
1
Notwithstanding the provisions of paragraphs 10 to 13, during an emergency requiring the flexible provision of pharmaceutical services, a Primary Care Trust may, on application from a supplier of appliances (“S”), permit S a temporary change to the days on which or times at which S is obliged to provide pharmaceutical services at the premises from which S has undertaken to provide pharmaceutical services, or permit temporary closure of those premises, if —
a
S gives at least 24 hours notice of the change or closure; and
b
the reasons given by S for the request are, in the opinion of the Primary Care Trust, adequate reasons.
2
The Primary Care Trust need not approve the request in advance of the change or closure, and if it does not do so but decides subsequently that S’s reasons are not, in its opinion, adequate reasons, then the days on which or times at which S is obliged to provide pharmaceutical services at the premises are to revert to the overridden days and times, from the day after the date on which that decision is given to S.
.
Amendment of paragraph 18 of Schedule 3
26
In paragraph 18 of Schedule 3 (terms of service of suppliers of appliances – Home Primary Care Trusts of bodies corporate), in sub-paragraph (1), for “and 17”, substitute “, 17 and 21(3A) and (3B)”.
Amendment of paragraph 21 of Schedule 3
27
In paragraph 21 of Schedule 3 (terms of service of suppliers of appliances – information to be supplied) —
a
in paragraph (1)(a), for “notified to him” substitute “notified to the Primary Care Trust”;
b
after sub-paragraph (3), insert the following sub-paragraphs —
3A
Subject to sub-paragraph (7), where a supplier of appliances that is a body corporate appoints a director who was not listed on that body corporate’s application for inclusion on a pharmaceutical list, that supplier of appliances shall, within 28 days of the person’s appointment, supply to the Primary Care Trust the information mentioned in paragraphs 4 to 7 of Part 3 of Schedule 4 about that person.
3B
Subject to sub-paragraph (7), where —
a
a supplier of appliances that is a body corporate appointed a director before 17th September 2009 who, on 17th September 2009, is still in post; and
b
before that date, the supplier of appliances had not supplied to the Primary Care Trust the information mentioned in paragraphs 4 to 7 of Part 3 of Schedule 4 about that person,
it must supply that information to the Primary Care Trust before 17th March 2010.
.
Amendment of paragraph 5 of Schedule 4 and that paragraph’s heading
28
In Part 1 of Schedule 4 (information to be included in an application for inclusion in a pharmaceutical list or inclusion in a list in respect of different services or premises) —
a
in the heading to paragraph 5, for “desirable” substitute “expedient”; and
b
in paragraph 5, for “desirable”, substitute “expedient”.
PART 2 Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
29
The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 are amended in accordance with the provisions of this Part.
Amendment of regulation 2
30
In regulation 2 (interpretation), in paragraph (1) —
a
insert at the appropriate place —
“emergency requiring the flexible provision of pharmaceutical services” has the meaning given in regulation 2(5) of the Pharmaceutical Services Regulations;
; and
“optometrist independent prescriber” means a person —
who is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989; and
against whose name is recorded in that register an annotation signifying that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
; and
b
in the definition of “prescriber”, for “or a supplementary prescriber” substitute “, a supplementary prescriber or an optometrist independent prescriber”.
Amendment of regulation 15
31
In regulation 15 (right of return to pharmaceutical lists), after paragraph (6) insert the following paragraphs —
7
Nothing in this regulation prevents a Primary Care Trust from making a temporary amendment to an LPS Scheme which the Primary Care Trust is satisfied is necessary or expedient because of an emergency requiring the flexible provision of pharmaceutical services.
8
In the circumstances described in paragraph (7), the Primary Care Trust may make a temporary variation to a determination about a contractor, but —
a
only for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances; and
b
the contractor may revert to the contractor’s overridden determination before the end of the period specified by the Primary Care Trust, on giving the Primary Care Trust at least 24 hours notice.
9
There is no right of appeal under these Regulations in respect of a decision to make or not to make, or to curtail the duration of, a temporary variation to an LPS scheme made under paragraph (8).
.
Amendment of regulation 16
32
In regulation 16 (sharing of information received) —
a
after paragraph (1) insert the following paragraph —
1A
Where a Primary Care Trust —
a
terminates an LPS scheme on any ground specified in paragraphs 29 to 31 of Schedule 2, it must consider whether its reasons for doing so raise any question about —
i
the contractor’s suitability to be a contractor, or
ii
the fitness to practise of a pharmacist employed by the contractor; or
b
is entitled to or has served a notice on a contractor under paragraphs 29 to 31 of Schedule 2 but the contractor’s LPS scheme is terminated on other grounds, the Primary Care Trust must consider whether the reasons why it served or was entitled to serve a notice under those paragraphs raise any question about —
i
the contractor’s suitability to be a contractor, or
ii
the fitness to practise of a pharmacist employed by the contractor.
; and
b
in paragraph (2) for “the information does raise such a question, it must pass the information it has received” substitute “a question referred to in paragraph (1) or (1A) is raised, it must pass on its concerns and any relevant supporting evidence”.
New regulation 16A
33
After regulation 16, insert the following regulation —
Proceedings with regard to overridden arrangements during an emergency requiring the flexible provision of pharmaceutical services
16A
Where, during an emergency requiring the flexible provision of pharmaceutical services, arrangements for the provision of local pharmaceutical services are overridden by temporary arrangements —
a
any proceedings with regard to the overridden arrangements are unaffected by that overriding (although they may need to be stayed during the emergency for other reasons); and
b
if as a result of those proceedings, the overridden arrangements require amendment before the end of the temporary arrangements, when the emergency ends, the reversion to the overridden arrangements shall be to the overridden arrangements as amended as a result of those proceedings.
.
Amendment of Schedule 2
34
1
Schedule 2 (contract terms) is amended in accordance with the provisions of this regulation.
2
In paragraph 15 (inducements etc.) —
a
in paragraph (1), for “A contractor or his staff must not give” substitute “Neither a contractor nor any person employed or engaged by a contractor shall give”;
b
after sub-paragraph (2), insert the following sub-paragraphs —
3
Neither a contractor nor any person employed or engaged by a contractor shall give, promise or offer to any relevant person any gift or reward (including by way of a share of, or dividend on, the profits of the contractor’s business, or by way of a discount or rebate) as an inducement to or in consideration of the relevant person recommending to any person that they —
a
present to the contractor an order for drugs or appliances on a prescription form or repeatable prescription; or
b
nominate the contractor as their dispensing contractor (or one of them) on their NHS Care Record.
4
For the purpose of sub-paragraph (3), “relevant person” means any person who performs or provides NHS services, whether on their own behalf or on behalf of another, and includes —
a
any NHS body or any person (including a partnership) with a contract to provide a Primary Care Trust with primary medical services; and
b
any person employed or engaged by any of the persons mentioned in paragraph (a).
.
3
After paragraph 26, insert the following paragraph —
Temporary arrangements during an emergency requiring the flexible provision of pharmaceutical services
26A
1
Paragraph 26 shall not apply to an amendment of or variation to the LPS scheme that is made in accordance with this paragraph.
2
During an emergency requiring the flexible provision of pharmaceutical services, a Primary Care Trust may, on application from a contractor (“C”) —
a
permit C a temporary change to the days on which or times at which C is obliged to provide local pharmaceutical services at the premises from which C has undertaken to provide local pharmaceutical services, or permit temporary closure of those premises, if —
i
C gives at least 24 hours notice of the change or closure, and
ii
the reasons given by C for the request are, in the opinion of the Primary Care Trust, adequate reasons; or
b
permit C any other temporary variation to C’s LPS scheme that, in the opinion of the Primary Care Trust, will facilitate continuity of the provision of services of a kind that may be provided under section 126, or by virtue of section 127, of the National Health Service Act 2006 during the emergency.
3
The Primary Care Trust need not approve the request referred to in sub-paragraph (2)(a)(ii) in advance of the change or closure, and if it does not do so but decides subsequently that C’s reasons are not, in its opinion, adequate reasons, then the days on which or times at which C is obliged to provide pharmaceutical services at the premises are to revert to the overridden days and times, from the day after the date on which that decision is given to C.
.
PART 3 Amendment of other Regulations
Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004
35
In regulation 2 of the National Health Service (General Medical Services Contracts) Regulations 2004 (interpretation), in paragraph (1) —
a
after the definition of “open” insert the following definition —
“optometrist independent prescriber” means a person —
who is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989; and
against whose name is recorded in that register an annotation signifying that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
; and
b
in the definition of “prescriber”, after sub-paragraph (aa), insert the following sub-paragraph —
ab
an optometrist independent prescriber;
.
Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004
36
In regulation 2 of the National Health Service (Personal Medical Services Agreements) Regulations 2004 (interpretation), in paragraph (1) —
a
after the definition of “open” insert the following definition —
“optometrist independent prescriber” means a person —
who is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989; and
against whose name is recorded in that register an annotation signifying that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
; and
b
in the definition of “prescriber”, after sub-paragraph (aa), insert the following sub-paragraph —
ab
an optometrist independent prescriber;”
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
14th August 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.4) Regulations 2009 and, subject to paragraphs (2) to (6), come into force on 26th October 2009.
2
The following provisions come into force, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 26th October 2009 —
a
regulation 2(2), (7), (9), (16) and (17)(a) to (c),
b
regulation 4(2), (6), (8), (14) and (15)(a) to (d),
c
regulation 5, and
d
regulation 11(2), (6), (8) to (10), (18) and (19)(a) to (c).
3
The following provisions come into force on 2nd November 2009 —
a
regulation 6(2) to (6)(c),
b
regulation 7,
c
regulation 8(2) to (6)(c), and
d
regulation 9.
4
Regulation 6(6)(d) comes into force —
a
in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, on 5th April 2010, and
b
in any other case on 1st April 2010.
5
Regulation 8(6)(d) comes into force on 1st April 2010.
6
The following provisions come into force, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 12th April 2010 —
a
regulation 2(5), (6), (10) to (12), (15)(b) and (17)(d),
b
regulation 4(4), (5), (9) to (11), (13) and (15)(e), and
c
regulation 11(4), (5), (11) to (13), (17)(b) and (19)(d).
7
In this regulation “benefit week” has the same meaning as in —
a
regulation 2(1) of the Income Support (General) Regulations 1987 , so far as it relates to regulation 2(5) to (7), (9) to (12), (15)(b), (16) and (17);
b
regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 , so far as it relates to regulation 4(4) to (6), (8) to (11) and (13) to (15);
c
regulation 1(2) of the State Pension Credit Regulations 2002 , so far as it relates to regulation 5;
d
regulation 2(1) of the Employment and Support Allowance Regulations 2008 , so far as it relates to regulation 11(2)(b), (4) to (6), (8) to (13), (16)(b), (17) and (18).
Amendments to the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978 ,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985 ,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995 ,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999 ,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001 ,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006 ,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006 ,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008 ,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008 , or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
In regulation 4ZA(3) (prescribed categories of person) omit sub-paragraph (d) and the preceding “or”.
4
In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support) omit paragraph (3)(b)(ii) .
5
In the headings to regulations 25 (child maintenance or liable relative payments), 55 (treatment of child maintenance or liable relative payments), 58 (calculation of the weekly amount of a child maintenance or liable relative payment) and 59 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
6
In regulation 25 and the heading to Chapter VII of Part V (child maintenance and liable relative payments) omit “child maintenance and”.
7
After regulation 35(2)(e) (earnings of employed earners) add —
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
8
In regulation 40(1) (calculation of income other than earnings) after “earnings)” insert “and regulation 31(3) and (4) (date on which income is treated as paid)”.
9
In regulation 42 (notional income) —
a
after paragraph (2)(g) insert —
ga
any sum to which paragraph (8ZA) applies;
;
b
after paragraph (8) add —
8ZA
8ZA) Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
.
10
In regulation 54 (interpretation) —
a
omit the definition of “child maintenance” ;
b
in the definition of “payment” —
i
in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”;
ii
after paragraph (h) add —
i
to which paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.
;
c
in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
11
In regulation 55 (treatment of child maintenance or liable relative payments) omit “and paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.
12
In regulation 57 (period over which payments other than periodical payments are to be taken into account) —
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”;
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 73 of Schedule 9”.
13
In regulation 61(1) (interpretation) in the definition of “access funds” —
a
in sub-paragraph (a) for “7” substitute “68”;
b
omit “and described as “learner support funds” or grants made under section 68 of that Act”.
14
In Schedule 1B (prescribed categories of person) —
a
in paragraph 2, for “Social Work (Scotland) Act 1968” substitute “Children (Scotland) Act 1995 ”;
b
after paragraph 2 insert —
Single persons looking after children placed with them prior to adoption
2A
A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007 .
;
c
in paragraph 15A —
i
for the heading substitute —
Persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education
;
ii
for sub-paragraph (1) substitute —
1
A person who satisfies the following conditions.
.
15
In Schedule 3 (housing costs) —
a
after paragraph 3(13)(b) insert —
ba
“period of study” has the meaning given in regulation 61(1) (interpretation);
;
b
in paragraph 14(2) for “has ceased” substitute “ceases on or before 11th April 2010”.
16
In Schedule 8 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 1(1)(b) , for “regulation 35(1)(e)” substitute “sub-paragraph (2)(a) or (b)(ii)”;
b
for paragraph 1(2)(a) substitute —
a
any payment of the nature described in —
i
regulation 35(1)(e), or
ii
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
;
c
in paragraph 2(1), for “regulation 35(1)(e)” substitute “paragraph 1(2)(a) or (b)(ii)”.
17
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 2 insert —
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
;
b
in paragraph 16(cc) —
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
iii
for the last “the” substitute “any”;
c
before paragraph 25(1)(c) insert —
ba
which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);
;
d
for paragraph 73 , substitute —
73
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991 ;
the Child Support (Northern Ireland) Order 1991 ;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
.
Amendments to the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 4(7)(b) (making a claim for benefit) after “claimant is” insert “first”.
3
In —
a
regulation 4D(6E) and (11) (making a claim for state pension credit),
b
regulation 4G(5) (making a claim for employment and support allowance by telephone), and
c
regulation 4H(7) (making a claim for employment and support allowance in writing),
for “last” substitute “first”.
Amendments to the Jobseeker’s Allowance Regulations 1996
4
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
In regulation 60(2)(b) (young persons at the end of the child benefit extension period) omit “after”.
4
In the headings to regulations 89 (child maintenance or liable relative payments), 118 (treatment of child maintenance or liable relative payments), 122 (calculation of the weekly amount of a child maintenance or liable relative payment) and 123 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
5
In regulation 89 and the heading to Chapter VII of Part VIII (child maintenance and liable relative payments) omit “child maintenance and”.
6
After regulation 98(2)(g) (earnings of employed earners) add —
h
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
7
In regulation 103(1) (calculation of income other than earnings) after “earnings)” insert “and regulation 96(3) and (4) (date on which income is treated as paid)”.
8
In regulation 105 (notional income) —
a
after paragraph (2)(g) insert —
ga
any sum to which paragraph (15A) applies;
;
b
after paragraph (15) add —
15A
Paragraphs (1), (2), (6), (10) (12) and (13) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
.
9
In regulation 117 (interpretation) —
a
omit the definition of “child maintenance” ;
b
in the definition of “payment” —
i
in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”;
ii
after paragraph (h) add —
i
to which paragraph 70 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) applies;
;
c
in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 70 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
10
In regulation 118 (treatment of child maintenance or liable relative payments) omit “and paragraph 70 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings)”.
11
In regulation 121 (period over which payments other than periodical payments are to be taken into account) —
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”;
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 70 of Schedule 7”.
12
In regulation 130 (interpretation) in the definition of “access funds” in paragraph (a) —
a
for “7” substitute “68”;
b
omit “and described as “learner support funds” or grants made under section 68 of that Act”.
13
In Schedule 2 (housing costs) in paragraph 13(2) for “has ceased” insert “ceases on or before 11th April 2010”.
14
In Schedule 6 (sums to be disregarded in the calculation of earnings) in paragraph 1 —
a
in sub-paragraph (1)(b) for “regulation 98(1)(d)” substitute “sub-paragraph (2)(a) or (b)(ii)”;
b
for sub-paragraph (2)(a) substitute —
a
any payment of the nature described in —
i
regulation 98(1)(d), or
ii
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
.
15
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 2 insert —
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
;
b
in paragraph 17(d) —
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
iii
for the last “the” substitute “any”;
c
before paragraph 26(1)(c)insert —
ba
which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);
;
d
in paragraph 64 after “Any payment” insert —
made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers,
;
e
for paragraph 70 , substitute —
70
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 117 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
.
Amendments to the State Pension Credit Regulations 2002
5
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
After regulation 17A(3)(e) (earnings of an employed earner) add —
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
4
In regulation 18 (notional income) —
a
in paragraph (6) , for “paragraph (7)” substitute “the following paragraphs”;
b
after paragraph (7) add —
7A
Paragraph (6) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
.
5
In Schedule IV (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(cc) —
a
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”,
b
for “the pension payable under either of those schemes” substitute “that pension or payment”,
c
for the last “the” substitute “any”.
Amendments to the Housing Benefit Regulations 2006
6
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
After regulation 35(2)(c) (earnings of employed earners) insert —
d
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
4
In regulation 42 (notional income) —
a
after paragraph (2)(g) insert —
h
any sum to which paragraph (12A) applies;
;
b
after paragraph (12) add —
12A
Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
.
5
In Schedule 4 (sums to be disregarded in the calculation of earnings) —
a
for paragraph 1(b)(i) substitute —
i
any payment of the nature described in —
aa
regulation 35(1)(e), or
bb
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
;
b
in paragraphs 1(c) and 2(b)(ii) for “regulation 35(1)(e), (i)” substitute “paragraph 1(b)(i) or (ii)(bb) or regulation 35(1)(i)”;
c
in paragraph 2(b)(i) for “regulation 35(1)(e)” substitute “paragraph 1(b)(i) or (ii)(bb)”.
6
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 2 insert —
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
;
b
in paragraph 15 —
i
in sub-paragraph (b) for “any corresponding pension payable to a widower or surviving civil partner” substitute “war widower’s pension”;
ii
in sub-paragraph (d) —
aa
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
bb
for “the pension payable under either of those schemes” substitute “that pension or payment”;
cc
for the last “the” substitute “any”;
c
before paragraph 25(1)(c) insert —
ba
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);
;
d
for paragraph 47A , substitute —
47A
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.
.
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
After regulation 35(2)(e) (earnings of employed earners) add —
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
4
In regulation 41 (notional income) —
a
in paragraph (8) after “(8A)” insert “and (8C)”;
b
after paragraph (8B) add —
8C
Paragraph (8) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
.
5
In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) —
a
in paragraph 1(b) for “any corresponding pension payable to a widower or surviving civil partner” substitute “war widower’s pension”;
b
in paragraph 1(d) —
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
iii
for the last “the” substitute “any”.
Amendments to the Council Tax Benefit Regulations 2006
8
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
After regulation 25(2)(c) (earnings of employed earners) insert —
d
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
4
In regulation 32 (notional income) —
a
after paragraph (2)(g) insert —
h
any sum to which paragraph (13) applies;
;
b
after paragraph (12) insert —
13
Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
.
5
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
for paragraph 1(b)(i) substitute —
i
any payment of the nature described in —
aa
regulation 25(1)(e), or
bb
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
;
b
in paragraphs 1(c) and 2(b)(ii) for “regulation 25(1)(e), (i)” substitute “paragraph 1(b)(i) or (ii)(bb) or regulation 25(1)(i)”;
c
in paragraph 2(b)(i) for “regulation 25(1)(e)” substitute “paragraph 1(b)(i) or (ii)(bb)”.
6
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 2 insert —
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
;
b
in paragraph 16 —
i
in sub-paragraph (b) for “any corresponding pension payable to a widower or surviving civil partner” substitute “war widower’s pension”;
ii
in sub-paragraph (d) —
aa
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
bb
for “the pension payable under either of those schemes” substitute “that pension or payment”;
cc
for the last “the” substitute “any”;
c
before paragraph 26(1)(c) insert —
ba
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);
;
d
for paragraph 48A , substitute —
48A
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.
.
Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a local authority or any a public authority in Great Britain (not being a body or authority mentioned in paragraphs (a) to (i) above) in consequence of a function conferred under any enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
After regulation 25(2)(e) (earnings of employed earners) add —
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
4
In regulation 31 (notional income) —
a
in paragraph (8) after “(8A)” insert “and (8C)”;
b
after paragraph (8B) add —
8C
Paragraph (8) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
.
5
In Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) —
a
in paragraph 1(b) for “any corresponding pension payable to a widower or surviving civil partner” substitute “war widower’s pension”;
b
in paragraph 1(d) —
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
iii
for the last “the” substitute “any”.
Amendments to the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007
10
1
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 are amended as follows.
2
In the heading to the Schedule (war disablement and war widow’s and widower’s pensions) and in the heading to Part 2 of the Schedule (war widow’s and widower’s pensions) omit “and Widower’s”.
3
In Part 2 of the Schedule omit paragraph 3.
Amendments to the Employment and Support Allowance Regulations 2008
11
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “enactment”, substitute —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
; and
b
at the appropriate places insert the following —
“public authority” includes any person certain of whose functions are functions of a public nature;
;
“the qualifying age for state pension credit” means —
in the case of a woman, pensionable age, and
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
.
3
In regulation 61(3)(i) (failure to take part in a work-focused interview) for “impossible” substitute “impracticable”.
4
In the headings to regulations 85 (child maintenance or liable relative payments), 120 (treatment of child maintenance or liable relative payments), 124 (calculation of the weekly amount of a child maintenance or liable relative payment) and 125 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
5
In regulation 85 and the heading to Chapter 8 of Part 10 (child maintenance and liable relative payments) omit “child maintenance and”.
6
After regulation 95(2)(e) (earnings of employed earners) add —
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
.
7
In regulation 104(1) (calculation of income other than earnings) after “earnings)” insert “and regulation 93(3) and (4) (date on which income is treated as paid)”.
8
In regulation 106 (notional income - deprivation and income on application) —
a
after paragraph (2)(g) insert —
ga
any sum to which paragraph (9) applies;
;
b
after paragraph (8) add —
9
Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
.
9
In regulation 107 (notional income - income due to be paid or income paid to or in respect of a third party) after paragraph (7) add —
8
Paragraphs (1), (3) and (4) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
.
10
In regulation 108 (notional income - other income) after paragraph (4) add —
5
Paragraphs (1) and (3) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
.
11
In regulation 119 (interpretation) —
a
omit the definition of “child maintenance”;
b
in the definition of “payment” —
i
in paragraph (d)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”;
ii
after paragraph (g) add —
h
to which paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies.
;
c
in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
12
In regulation 120 (treatment of child maintenance or liable relative payments) omit “and paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)”.
13
In regulation 123 (period over which payments other than periodical payments are to be taken into account) —
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”;
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 60 of Schedule 8”.
14
In regulation 131(1) (interpretation) in paragraph (a) of the definition of “access funds” —
a
for “7” substitute “68”;
b
omit “and described as “learner support funds” or grants made under section 68 of that Act”.
15
In regulation 153(1) (absence to receive medical treatment) omit sub-paragraph (e).
16
In Part 1 (prescribed amounts) of Schedule 4 (amounts) paragraph 1(3)(b)(i) and (ii), in column (1) of the table, for “had they not been members” substitute “if that other member had not been a member”.
17
In Schedule 6 (housing costs) —
a
in paragraph 5(13) at the appropriate place insert —
“period of study” has the meaning given in regulation 131 (interpretation);
;
b
in paragraph 15(2) for “has ceased” substitute “ceases on or before 11th April 2010”.
18
In Schedule 7 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 1(1)(b) for “regulation 95(1)(e) (earnings of employed earners)” substitute “sub-paragraph (2)(a) or (b)(ii)”;
b
for paragraph 1(2)(a) substitute —
a
any payment of the nature described in —
i
regulation 95(1)(e) (earnings of employed earners), or
ii
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
;
c
in paragraph 2(1) for “regulation 95(1)(e)” substitute “paragraph 1(2)(a) or (b)(ii)”.
19
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 2 insert —
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
;
b
in paragraph 17(d) —
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
iii
for the last “the” substitute “any”;
c
in paragraph 26(1)(b) after “order)” insert —
, or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children)
;
d
for paragraph 60, substitute —
60
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In sub-paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 119 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
.
Amendment to the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008
12
In the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 , in regulation 6 (time at which an application is to be treated as made) —
a
renumber the existing paragraph (2)(c) as paragraph (3);
b
renumber the existing paragraph (3) as paragraph (4).
Amendment to the Social Security (Miscellaneous Amendments) (No. 6) Regulations 2008
13
In the Social Security (Miscellaneous Amendments) (No. 6) Regulations 2008 , in regulation 2(11)(d) for the first “and” substitute “in paragraph”.
Signed by the authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under-Secretary of State
Department for Work and Pensions
2 October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Flexible New Deal) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.
Amendment of the Jobseeker’s Allowance Regulations
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 69 (prescribed period for purposes of section 19(2)) —
a
in paragraph (1)(e) before “26 weeks” insert “subject to paragraph (1A),”;
b
after paragraph (1) insert —
1A
Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (1B), paragraph (1)(e) applies as if the reference to 26 weeks were a reference to either —
a
4 weeks, or
b
the period beginning on the day specified in paragraph (2) and ending on the last day of the benefit week in which the claimant complies with the condition,
whichever is the longer.
1B
The condition is that, after the date on which the determination mentioned in paragraph (1)(e)(i) is made, the claimant agrees in writing to undertake the activities specified in an action plan prepared in relation to the claimant.
.
Yvette Cooper
Secretary of State
Department for Work and Pensions
5th October 2009