United Kingdom Statutory Instruments

     " As if in paragraph (3), in sub-paragraph (a), for "in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study" there were substituted "in that period".

     As if in paragraph (3), in sub-paragraph (b), for "beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable" there were substituted "in respect of which it is payable".", and

(b) there is added at the end - 

     " As if in paragraph (4), for "the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study" there were substituted "the remaining weeks in that period".".

(i) after the definition of "pilot scheme" there is inserted - 

" "registered midwife" means a midwife who is registered as a midwife with the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001;", and

" "relevant Primary Care Trust" means the Primary Care Trust with whom the arrangements for providing the dental services in question are made;"; and

(a) pays any charge for dental appliances and dental treatment payable pursuant to section 78(1A) or 79 of the Act or to section 20(1) of the Primary Care Act; and

(b) would, but for regulation 5, be exempt from the charge, under paragraph 2(4) or 3(4) of Schedule 12 to the Act, or section 20(6) of the Primary Care Act.

    (2) Subject to the following provisions of this regulation, any person to whom this regulation applies is entitled to have such a charge repaid.

    (3) Subject to paragraph (4), it is a condition of the entitlement to a repayment under this regulation that the person makes a claim to the Secretary of State for the repayment - 

(a) within - 


(i) three months after payment of the charge; or

(ii) such further period as the Secretary of State may for good cause allow; and



(b) in a manner approved by or on behalf of the Secretary of State for that purpose; and

(c) supported by such evidence as the Secretary of State may reasonably require.

    (4) Subject to paragraph (5), where the person is unable for the time being to act, another person may make a claim on that person's behalf.

    (5) The Secretary of State may refuse to accept a claim made by one person on behalf of another where, in the Secretary of State's opinion - 

(a) the person on whose behalf the claim is made is able to act; or

(b) the person making the claim is not a suitable person to act on behalf of that other person.

    (6) If satisfied that a person is entitled to repayment under this regulation, the Secretary of State shall cause a repayment to be made to that person in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.

    (7) The Board is authorised to carry out any activity of the Secretary of State under the preceding paragraphs of this regulation relating to the repayment of charges.".