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AET rise: takes effect 6th May or 13th May?
Comrades,
the SI for the AET increase states that it comes into force form 6th May (https://statutoryinstruments.parliament.uk/instrument/dBf8a5FD)
but then the statement from jo churchil says 13th May
https://hansard.parliament.uk/Commons/2024-04-15/debates/24041530000021/UniversalCreditAdministrativeEarningsThresholdLevel
So which is it or am I missing something?
and while I am at it, there is another SI for AET labelled no 2 which then goes through to The Childcare (Free of Charge for Working Parents) (England) (Amendment) (No. 2) Regulations 2024
https://statutoryinstruments.parliament.uk/instrument/ttMue47M - go to ‘see full wording’
In solidarity
EKS
It’s effective from 13 May.
The original plan was for it to take effect from 6 May which is what SI 2024/529 does. However, there was a delay in laying those regs before Parliament because of events in the Middle East so they were not laid until 19 April.
By convention, regulations subject to the negative procedure are supposed to be laid before Parliament 21 days before they take effect to allow for the possibility that Parliament might seek to annul the instrument.
The delay in laying the regulations meant that the 21 days rule would be breached (as there are not 21 days between 19 April and 6 May) so SI 2024/536 was very quickly introduced to shunt the date back by a week and avoid breaking that rule.
Reg of 3 SI 2024/536 revokes SI 2024/529.
(I only know this as I have to write about it for JSSL!!)
Yes, the first set of regs were revoked and replaced the same day:
‘... while the Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2024 (SI.No.529/2024) were laid today, they were then revoked and replaced by the Universal Credit (Administrative Earnings Threshold) (Amendmen’t) (No.2) Regulations 2024 (SI.No.536/2024) in order to amend the coming into force date from 6 May 2024 to 13 May 2024
The DWP thinks that it has postponed the coming into force of the increased level of AET by revoking the first set of regulations (SI 2024/529) by reg.3 of the second set (the No.2 Regulations SI 2024/536), which provide for the same increases with effect from 13 May 2024. See the peculiar explanation of the need for delay in para.11.1 of the Explanatory Memorandum to SI 2024/536 (available on the legislation.gov.uk site from the page for SI 2024/536). But reg.1(1) of the No.2 Regs brings the whole regs, including reg.3, into force on 13 May 2024, so that it appears that as things stand SI 2024/529 is not revoked until 13 May 2024 and so will stay in force from 6 May 2024 to 12 May 2024, with the same AET levels. All quite a mess. Maybe it will not matter if the DWP don’t start using the new levels until 13 May 2024.
Many thanks to all for explaining and sharing your expertise.
The DWP thinks that it has postponed the coming into force of the increased level of AET by revoking the first set of regulations (SI 2024/529) by reg.3 of the second set (the No.2 Regulations SI 2024/536), which provide for the same increases with effect from 13 May 2024. See the peculiar explanation of the need for delay in para.11.1 of the Explanatory Memorandum to SI 2024/536 (available on the legislation.gov.uk site from the page for SI 2024/536). But reg.1(1) of the No.2 Regs brings the whole regs, including reg.3, into force on 13 May 2024, so that it appears that as things stand SI 2024/529 is not revoked until 13 May 2024 and so will stay in force from 6 May 2024 to 12 May 2024, with the same AET levels. All quite a mess. Maybe it will not matter if the DWP don’t start using the new levels until 13 May 2024.
Yes, I had been thinking about that one John, although it does seem to be the product of the hasty drafting rather than any sensible reading of the legislative intent. Perhaps there shall need to be a third version to clear it all up…
Blimey 😂