Terms & Conditions

[Anonymous]

Anorak time.

This SI took effect on 6 April. The HB bits were originally written to amend the old HB Regs:

[url]http://www.opsi.gov.uk/si/si2005/20052677.htm#11[/url]

In other cases (SIs 2904 & 2502 for example) the Consequential Provisions Regs have amended the amendments so that they now amend the new 2006 Regs; in addition there is a general interpretation rule in CP Reg 4 that says all references to the old Regs should be read as if they refer to the appropriate bit of the new Regs (although I am not sure that Reg 4 has other legislation in mind when it talks about a “document”).

2677 inserts new paragraphs into existing Regs and Schedules – I cannot see how the general interpretation rule in CP Reg 4 covers it, because you would have to make up your own new paragraph numbers. Equally, I cannot see anything that amends 2677 to refer to the correct HB Regs: I have searched OPSI in vain for anything that amends the right part of 2677.

I am therefore stuck for the correct new paragraph numbers to insert in the Schedules and notional income Regs of the HB 60+ Regs. And the same goes for CTB as well. Anybody seem anything that does amend 2677?

I mentioned a similar problem with the uprating Regs the other day – that wasn’t such a problem because you can just read across the new val,ues in the appropriate place and I can just about accept that CP Reg 4 covers it. But this is different: we are inserting new provisions into the Regs, but they haven’t got new numbers, so we have to make them up. Can’t really see how this is an adequate solution.

Where are the missing amendments to the amendments, folks?

[Darren Broughton]

Peter,

I queried this with the DWP a few months ago. I got the following reply from Gail Knowles:

[i:f75c9fc776]No, SI 2005/2677 was not included in the Consequential Provisions regulations. However reg 2(2) of those regulations ensures that the SI still amends the consolidated regulations. [/i:f75c9fc776]

Helpful??

I think I was ok with amending the Regs but I had to “create” a new paragraph in Sch 6 (yes, I know I can’t do this but what else could I do?)

[Anonymous]

I have just had an exchange of emails with Gail Knowles at DWP and she told me as well that in their view CP Reg 2 covers it. She agreed with my suggestion that the inserted paragraphs in HB Reg 31 and 41 should be renumbered as (8A) and (8B) and that the cross-references to the old para (6) and new para (6A) should be amended to (8) and (8A) respectively; she also agreed with my suggestion that the paragraph inserted at the end of Part 1 of Schedule 6 (HB) and Schedule 4 (CTB) would look better if we called it “26A” instead of “25B”.

Some might say this is asking rather a lot of CP Reg 2, but if it’s good enough for DWP it’s good enough for me. I am happy to continue on the assumption that the above tweaks now represent the official numbering.

[Mark]

…until they use those numbers for something else!

This is just plain daft. They forgot, they’re being lazy and hoping they got away with it anyway.

[Author]

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