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Health and Social Security Act 1984

Type Public General Act
Publication 1984-07-26
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Part I — Health

Optical appliances

Supply etc. of optical appliances

1

Fitting etc. of contact lenses

2–4

Other amendments of Opticians Act 1958

Taking and use of titles

3

(1A) On any prosecution for an offence under subsection (1)(b) of this section the taking or use of the title of optician (either alone or in combination with any other words) by a person to whom this subsection applies is to be taken to imply that he is registered in one of the registers, but the implication may be rebutted if the defendant proves that he took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of his taking or, as the case may be, use of it, that he was in fact registered in one of the registers. (1B) Subject to the following subsection, subsection (1A) of this section applies to a person who carries on the business— (a) of selling optical appliances ; or (b) of supplying optical appliances in pursuance of arrangements made as mentioned in section 21(2) of this Act. (1C) Subsection (1A) of this section does not apply to a person who sells or supplies optical appliances only as mentioned in section 21(3)(a) to (e) of this Act.

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(2A) On any prosecution for an offence under subsection (2)(b) of this section the taking or use of the title of optician (either alone or in combination with any other words) by a body corporate to which this subsection applies is to be taken to imply that it is enrolled in one of the lists, but the implication may be rebutted if the body corporate proves that it took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of its taking or, as the case may be, use of it, that it was in fact enrolled in either of the lists. (2B) Subject to the following subsection, subsection (2A) of this section applies to a body corporate which carries on the business— (a) of selling optical appliances ; or (b) of supplying optical appliances in pursuance of arrangements made as mentioned in section 21(2) of this Act. (2C) Subsection (2A) of this section does not apply to a body corporate which sells or supplies optical appliances only as mentioned in section 21(3)(a) to (e) of this Act.

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Disciplinary provisions

4

Schedule 2 to this Act—

shall have effect.

National Health Service

Family Practitioner Committees

5

Finance in National Health Service

6

(1A) The date on which an allotment under subsection (1) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the body receiving the allotment are notified of its amount by the Secretary of State.

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Professional remuneration in National Health Service

7

(43A) (1) Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act. (2) Subject to sections 29(4) and 35(2) above, remuneration under the regulations may consist of payments by way of— (a) salary; (b) fees; (c) allowances; (d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services, and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified. (3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 29(4) and” in subsection (2) above.

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(28A) (1) Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act. (2) Subject to sections 19(3) and 25(3), remuneration under the regulations may consist of payments by way of— (a) salary; (b) fees; (c) allowances; (d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services, and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified. (3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 19(3) and” in subsection (2) above.

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(1) The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a “determining authority”. (2) The power conferred by the preceding section includes power to make regulations providing for a determination in more than one stage and by more than one determining authority. (3) Regulations under the preceding section shall provide— (a) that a determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description; (b) that, before making such a determination, the determining authority shall consult— (i) a prescribed body established to provide advice in connection with the matters to be determined; or (ii) an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate. or both such a body and such an organisation. (4) Regulations under the preceding section may provide— (a) that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates; and (b) that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning— (i) if it is required to be published, on the date of publication; (ii) if it is not so required, on the date on which it is made. (5) Regulations under the preceding section may provide— (a) for determinations of the remuneration of particular persons or descriptions of persons for particular items of service or in particular circumstances; (b) that a determining authority shall have a discretion, when making a determination by virtue of this subsection,— (i) as to the amount of remuneration to be paid; and (ii) as to the persons to whom and conditions on which it is to be paid; and (c) that a determination made by virtue of this subsection may be revised— (i) to correct an error; or (ii) where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact. (6) Regulations under the preceding section may provide— (a) that determinations may be made by reference to any of the following— (i) rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under the regulations; (ii) scales, indices or other data of any description specified in the regulations; and (b) that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause. (7) Any determination under regulations under the previous section shall be made after taking into account all the matters which are considered to be relevant by the determining authority and, without prejudice to the generality of this subsection, such matters may include— (a) the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of a kind to which the determination will relate; (b) the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services; (c) the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons; (d) the extent to which it is desirable to encourage the provision of particular descriptions of services either generally or in particular localities; (e) the desirability of promoting services which are— (i) economic and efficient; and (ii) of an appropriate standard.

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shall be deemed to be validly made if regulations authorising such a determination could have been made had that provision been in force at that time.

Increase in borrowing powers of General Practice Finance Corporation

8

Holidays for patients etc.

9

(99A) The Secretary of State’s functions may be performed outside Scotland, in so far as they relate— (a) to holidays for patients; (b) to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands; or (c) to the return of patients who have received treatment in Scotland to countries or territories outside the British Islands.

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Treatment in European Economic Community

Reimbursement of cost of medical and maternity treatment in member States of European Economic Community

10

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Part II — Social Security

Severe disablement allowance

11–14

Pension increase in respect of husbands

12

The following section shall be inserted after section 45 of the Social Security Act 1975—

(45A) (1) Where a Category A retirement pension is payable to a woman for any period— (a) which began immediately upon the termination of a period for which the pensioner was entitled to an increase in unemployment benefit, sickness benefit or invalidity pension by virtue of section 44(3)(a) or 47(1)(a) of this Act (increases in respect of adult dependants); and (b) during which the conditions specified in subsection (2) below are satisfied (without interruption), then the weekly rate of the pensioner's Category A retirement pension shall be increased by the amount specified in relation thereto in Schedule 4, Part IV, column 3 (" the specified amount"). (2) The conditions referred to in subsection (1)(b) above are— (a) that the pensioner is residing with her husband or is contributing to his maintenance at a weekly rate not less than the specified amount; and (b) that the pensioner's husband is not engaged in any one or more employments from which his weekly earnings exceed the specified amount.

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Dependent children

13

Schedule 5 to this Act, which makes amendments to the Social Security Act 1975 and the Industrial Injuries and Diseases (Old Cases) Act 1975 in relation to increases in benefits payable in respect of dependent children, shall have effect.

Earnings to include occupational pensions for purposes of benefits in respect of dependants

14

In the Social Security Act 1975—

(47B) (1) Except as may be prescribed— (a) in section 41 and sections 44 to 47 above any reference to earnings includes a reference to payments by way of occupational pension; and (b) in sections 44, 45, 45A and 47 above any reference to a period during which a person is not engaged in any employment includes a reference to a period in respect of which a person is not entitled to any payment by way of occupational pension. (2) For the purposes of the provisions mentioned in subsection (1) above, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational pension are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.

; and

(66A) (1) Except as may be prescribed, any reference to earnings in section 64 or 66 above includes a reference to payments by way of occupational pension. (2) For the purposes of those sections, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational pension are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.

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Attendance allowance: daily entitlement

15

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