SI 2025/1165 - The National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Statutory Instrument has been printed to correct errors in S.I. 2024/456 and S.I. 2025/636 and is being issued free of charge to all known recipients of those Statutory Instruments.

STATUTORY INSTRUMENTS 2025 No. 1165 NATIONAL HEALTH SERVICE, ENGLAND The National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025 Made - - - - 5th November 2025 Laid before Parliament 6th November 2025 Coming into force - - 1st December 2025 The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 115(2)(e), 116(2), 172(1), 174(1) and (3), 178(1)(b) and (2)(a) and (b), 179(1), 180(1), (2)(d) and (5), 182, 183, 184(1) and 272(7) and (8) of the National Health Service Act 2006(1).

Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025 and come into force on 1st December 2025.

(2) These Regulations extend to England and Wales and apply only to England(2).

(3) In these Regulations, “the Prescription Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015(3).

(1) 2006 c. 41. Section 180(1) has been amended by the Health and Care Act 2022 (c. 31), Schedule 1, paragraph 1(1). Section 180(2) has been amended by the Health Act 2009 (c. 21), section 34 and Schedule 6. Section 183 has been amended by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 98, the Health and Care Act 2022 (c. 31), Schedule 1, paragraph 1 and Schedule 4, paragraph 106; and S.I. 2010/915 and 2019/776 and 777. See section 275(1) of the National Health Service Act 2006 for the definitions of “prescribed” and “regulations” that are relevant to the powers being exercised.

(2) By virtue of section 271(1) of the National Health Service Act 2006, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England.

(3) S.I. 2015/570, as amended.Document Generated: 2025-12-01

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments to regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

2.—(1) Regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(4) (entitlement to full remission and payment) is amended as follows.

(2) In paragraph (1), after sub-paragraph (d) insert— “(da) that person is part of medical evacuation arrangements from a conflict zone;”.

(3) After paragraph (1D) insert— “(1E) For the purposes of paragraph(1)(da), a person is part of medical evacuation arrangements from a conflict zone if—

(a) the person is about to enter or has recently entered the United Kingdom, having been evacuated from an area where there is or has recently been an armed conflict;

(b) the sole or main purpose of the evacuation is or was for them to receive, or for a person they are or were accompanying to receive, medical treatment;

(c) as regards any charge that may be payable under article 3 of the Immigration (Health Charge) Order 2015(5) (requirement to pay an immigration health charge) —

(i)the person is exempt from paying such a charge by virtue of article 7 of, and any provision of Schedule 2 to, that Order(6) (exemptions from the requirement to pay the immigration health charge), or

(ii)the Secretary of State has exercised their discretion, pursuant to article 8 of that Order (reduction, waiver or refund), to reduce, waive or refund all or part of a charge payable by the person;

(d) the Secretary of State has determined that the person is to benefit from membership of the NHS low income scheme(7) for a specified period (which may be extended by the Secretary of State), regardless of what that person’s or any other person’s resources are; and

(e) the period specified under sub-paragraph (d) has not come to an end.”.

Amendment to regulation 3 of the Primary Ophthalmic Services Regulations 2008

3. In regulation 3 of the Primary Ophthalmic Services Regulations 2008(8) (sight tests – eligibility), in paragraph (1), after sub-paragraph (d) insert— “(da) who is, for the purposes of regulation 5(1)(da) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(9) (entitlement to full remission and payment), part of medical evacuation arrangements from a conflict zone;”.

(4) S.I. 2003/2382. Amendments have been made to regulation 5 by S.I. 2004/936, 2006/562, 2008/1697, 2013/475, 2015/570, 643 and 1776, 2016/1045 and 2025/636.

(5) S.I. 2015/792.

(6) Schedule 2 has been amended by S.I. 2016/400, 2017/420, 2019/686 and 745, 2020/1086 and 2024/55.

(7) Details of the scheme can be found at www.nhsbsa.nhs.uk/nhs-low-income-scheme.

(8) S.I. 2008/1186. Regulation 3(1) has been amended by S.I. 2013/365 and 2016/211.

(9) S.I. 2003/2382. Amendments have been made to regulation 5 by S.I. 2004/936, 2006/562, 2008/1697, 2013/475, 2015/570, 643 and 1776, 2016/1045 and 2025/636.

2Document Generated: 2025-12-01

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment to regulation 8 of the National Health Service (Optical Charges and Payments) Regulations 2013

4. In regulation 8 of the National Health Service (Optical Charges and Payments) Regulations 2013(10) (eligibility for a voucher – supply of optical appliances), in paragraph (2), after sub- paragraph (d) insert— “(da) a person who is, for the purposes of regulation 5(1)(da) of the Remission Regulations (entitlement to full remission and payment), part of medical evacuation arrangements from a conflict zone;”.

New regulation 13C of the Prescription Charges Regulations

5. After regulation 13B of the Prescription Charges Regulations(11) (coronavirus and influenza vaccinations and immunisations) insert— “Treatments for tuberculosis 13C.—(1) No charge is payable under these Regulations in respect of the supply or administration of any drug for the treatment of—

(a) tuberculosis;

(b) the effects of tuberculosis; or

(c) the effects of tuberculosis treatment.

(2) Paragraph (1) applies if the supply—

(a) is made in accordance with a patient group direction; or

(b) has been ordered on a prescription form, and the prescriber has included in the form the reference “FS”.”.

Amendments to regulation 17 of the Prescription Charges Regulations

6. In regulation 17 of the Prescription Charges Regulations(12) (pre-payment certificates: repayment)—

(a) in paragraph (3A) for “or 10(1)(e)” substitute “to 10(1)(f)”;

(b) in paragraph (3B), for “or 10(1)(e)” substitute “to 10(1)(f)”;

(c) in paragraph (4)—

(i)in sub-paragraph (a), for “£31.25” substitute “£32.05”, and

(ii)in sub-paragraph (b) and (c)(i) and (ii), for “£111.60”, at each place that it occurs, substitute “£114.50”; and

(d) in paragraph (5), for “£31.25” substitute “£32.05”.

(10) S.I. 2013/461. Regulation 8(2) has been amended by S.I. 2024/1240.

(11) Regulation 13B was inserted by S.I. 2020/1126.

(12) Regulation 17 has been amended by S.I. 2021/178, S.I. 2023/171, S.I. 2023/300, S.I. 2024/456 and S.I. 2025/636.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Signed by authority of the Secretary of State for Health and Social Care Karin Smyth Minister of State 5th November 2025 Department of Health and Social Care 4Document Generated: 2025-12-01

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (“the Prescription Charges Regulations”), which include the charges that are payable for the supply of NHS drugs and appliances in England. They also amend the Primary Ophthalmic Services Regulations 2008 (“the POS Regulations”), which make provision for who is entitled to free NHS sight tests under the National Health Service Act 2006, and the National Health Service (Optical Charges and Payments) Regulations 2013 (“the Optical Charges Regulations”), which provide help by means of a voucher system for certain eligible groups for the supply, replacement and repair of optical appliances. They also amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the TERC Regulations”), which provide, directly and indirectly, for people in England who are in receipt of certain benefits or on low incomes both to be reimbursed for certain travel expenses incurred in obtaining NHS care and to be exempt from paying NHS prescription and dental charges. For present purposes, the relevant arrangements for help with health costs provided for by the TERC Regulations, the POS Regulations and the Optical Charges Regulations are known as the NHS Low Income Scheme.

The Secretary of State is given a discretion to grant membership of the NHS Low Income Scheme to people coming to the United Kingdom as part of medical evacuation arrangements from a conflict zone. This membership is to be for a specified period, although that period may be extended (regulations 2 to 4).

The Prescription Charges Regulations are amended in three respects. Firstly, drugs supplied as part of NHS treatment for tuberculosis, its effects or the effects of its treatment are to be supplied free of any prescription charge that would otherwise be payable (regulation 5). Secondly, amendments were made by the National Health Service (Charges, Remission of Charges and Pharmaceutical Services etc.) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/636) to enable automatic cancellation of, and refunds for, prepayment certificates purchased by persons who become entitled to a maternity or medical exemption certificate – but people undergoing treatment for or related to cancer were inadvertently left out of those automatic arrangements and this has been corrected (regulation 6). Thirdly, regulation 17 is amended so that the refunds for pre-payment certificates mirror the cost of purchasing them, and in doing so this reflects the increase in the costs of pre-payment certificate as set out in regulation 16, as amended by the National Health Service (Charges for Drugs and Appliances) (Amendment) Regulation 2024 (S.I. 2024/456). The figure for a 3-month pre-payment certificate is now £32.05 instead of £31.25, and the figure for a 12-months pre-payment certificate is now £114.50 instead of £111.60 in respect of the refunding arrangements that apply in the circumstances specified in that regulation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen, and only a limited impact on the public sector, below the threshold for producing a full impact assessment.

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