Joint Committee on Statutory Instruments Eighteenth Report


Appendix 1

S.I. 2003/521: memorandum from the Department for Work and Pensions

Social Security (Credits) Amendment Regulations 2003 (S.I. 2003/521)

1.  The Joint Committee has requested that the Department submit a Memorandum concerning the above Regulations on the following point -

Explain the effect of the amendment made by regulation 2(2)(a) to regulation 8B(2)(a)(i) of the 1975 Regulations, and whether this is accurately reflected in the second sentence of the Explanatory Note.

2.  In relation to regulation 8B(2)(a)(i) of the Social Security (Credits) Regulations 1975, the policy intention is that credits should only be available in respect of a week where each day of that week is a day of incapacity for work for the purposes of incapacity benefit (see sections 30A and 30C of the Social Security Contributions and Benefits Act 1992). Upon reflection, the Department accepts that regulation 8B(2)(a)(i) of the Social Security (Credits) Regulations 1975 prior to amendment by the above instrument does give effect to that policy. Accordingly, the Department accepts that the amendment made by regulation 2(2)(a) of S.I.2003/521 is superfluous. The Department undertakes to lay amending regulations omitting the words inserted by regulation 2(2)(a).

3 April 2003


 
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