Joint Committee on Statutory Instruments Tenth Report


Memorandum from the Department of Health

AMENDMENT (NO. 2) REGULATIONS 2001 (S.I. 2001/3065)

1. The Committee has requested a memorandum on the following:

    (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.

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