S.I. 2008/408: memorandum from the Department for Health

Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008 (S.I. 2008/408)

1.  In its letter to the Department of 12 March 2008, the Joint Committee requested a memorandum on the following points:

The text of paragraph (3)(e)(ii)(bb) of regulation 3 of the principal Regulations inserted by regulation 2(4) appears to negate the effect of the new paragraph (7) inserted by regulation 2(5). Would the intended effect have been better achieved if the text in question had read "either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)"? A similar observation applies to the amendments made by regulations 2(3) and 4.

2.  The Department's response to each of the Committee's points is outlined below.

Point (1)—The Department is content that the current text does achieve the intended effect, but accepts that the text drafted by the Committee, is better and clearer in respect of achieving the policy outcome intended. In view of this, the Department will take the opportunity to improve the drafting of the Regulations when they are next amended.

Department for Health

13 March 2008