I’m trying to establish the correct wording of the reg.
The question has arisen following the addition of a SDP following the year end runs. The only possible explanation I can see, bar a ghost in the machine, is the interpretation of the regs.
On the reference sites I have looked at the final paragraph of Sch 3(6)(2) begins
“and either a person is entitled to or in receipt of …”
On legislation.gov.uk the wording is “and either a person is entitled to and in receipt of…”
– the word ‘or’ swaps for ‘and’ which is a completely different test.
I’d put it down to a typo if it were not for the fact that it appears across more than one site.
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