Social Security (Miscellaneous Amendments) (No. 4) Regulations 2007 (S.I. 2007/2470)

2.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect.

2.2 Regulation 3(7) inserts a new sub-paragraph (bd) into regulation 7(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999. Regulation 7(2) of the 1999 Regulations provides for a decision under section 10 of the Social Security Act 1998 made on certain grounds to take effect as set out in sub-paragraphs (a) to (c). New sub-paragraph (bd) departs from the structure of existing sub-paragraphs which address the issue of timing. Instead, new sub-paragraph (bd) provides that existing sub-paragraph (bc) is to be of limited application.

2.3 In a memorandum printed at Appendix 2 the Department for Work and Pensions accepts that the amendment made by regulation 3(7) of these Regulations should have been made by a free-standing paragraph as opposed to a new sub-paragraph within regulation 7(2) of the 1999 Regulations. The Department undertakes to take corrective action at the next available opportunity. The Committee reports regulation 3(7) of these Regulations for defective drafting, acknowledged by the Department.