Commentary on Sections Dental services: miscellaneous Section 183: Charges for dental services
422.Section 183 inserts a new section 79 and a new Schedule 12ZA to the 1977 Act replacing sections 78A, 79 and 79A which linked the calculation of dental charges to the remuneration of a dental practitioner. Section 183(3) provides that the first regulations made under new section 79 shall be subject to approval by resolution of each House of Parliament.
423.New section 79(1) provides for regulations to prescribe the way in which patient charges can be made and recovered for dental services. Newsection 79(2) provides that regulations made under new section 79(1), may for example, set a maximum charge and exempt certain treatments from a charge. Newsection 79(5) ensures that charges apply to all primary dental services whether provided under a GDS contract, PDS or by the PCT/LHB, and to dental appliances under other Part 1 services. Newsection 79(3) enables regulations made under new section 79(1) to provide for the amount that PCTs, LHBs or Special Health Authorities recompense dental clinics or practices and that this amount may be reduced by the amount that has been collected in patient charges by that clinic or practice.
424.Schedule 12ZA maintains the same exemptions from dental charges as under the provisions previously set out in old section 79 and Schedule 12 of the 1977 Act.Paragraphs 1, 2, 4 and 6 of new Schedule 12ZA set out the circumstances in which dental charges will not apply. Paragraph 2 makes it clear that, normally, charges will not apply to the replacement or repair of appliances. Paragraph 3 provides that charges will, however, apply to the repair or replacement either of prescribed appliances, or of appliances which need to be repaired or replaced because of something that person supplied with the appliance has done (or where that person is under 16, something that their parent or guardian has done). Dental appliances will be free of charge when provided by a hospital for its in-patients (paragraph 4). However, if dental appliances are provided for a hospital in-patient under GDS or PDS contracts or by a PCT as part of Primary Care Trust Dental Services, then the normal charges will apply (paragraph 5).
425.Paragraph 7 of newSchedule 12ZA enables regulations to prescribe the evidence that must be provided when a patient claims an exemption from charge. For example, a patient may be required to provide a birth certificate or FP92 Maternity Exemption Certificate issued through the Prescription Pricing Authority in England.
426.Section 183(4) provides for charges to apply to dentures and dental appliances provided in accordance with PDS pilot schemes following the coming into force of new section 79 of the 1977 Act, but before the abolition of PDS piloting under section 178 above.