Memorandum from the Department of Health
2) REGULATIONS 2001 (S.I. 2001/3065)
1. The Committee has requested a memorandum on the
(1) Given that the principal
Regulations 0f 1988 have been amended on many occasions (some
of which are identified in footnote (b)), indicate whether the
Department has any plans for consolidating those Regulations;
and if so, on what timescale.
2. The Department has no immediate plans to consolidate
these Regulations but acknowledges that it would be useful to
do so. It hopes to be in a position to dedicate the necessary
resources during the next year.
(2) Paragraph 10 of Schedule
1A (inserted by regulation 4) provides (in column 2) for the notice
of entitlement to be effective for a period of "12 months
or until the child's 18th birthday whichever is longer".
Given that a "relevant child" must be aged 16 or 17,
explain when this period starts for a child aged 17.
3. The period begins on the date entitlement starts.
The Department confirms that the intention is that in some cases
a notice of entitlement could be effective until the day before
the holder's 19th birthday even though he or she may not be a
'relevant child' for a portion of the period of entitlement. This
reflects the provision in regulation 7(7) of the principal Regulations
that a change in circumstances of the holder shall not affect
the validity of a notice of entitlement.