At a recent oral hearing on an application submitted under the 2012 Regulations, but heard when the 2013 Regulations were in force, it became apparent that there are a number of small changes between the two sets of Regulations. One example is in the Unforeseen Benefits application where the word 'or' has been replaced with the word 'and'. In this case the words are interchangeable, but in others they are not. Perhaps not surprisingly there is a considerable amount of case law on whether these two words, which appear so different, can actually mean the same thing.

UPDATE March 2014: Since we reported this story, the DoH has acted to change the wording of the Regulations and has accepted the argument we made, that 'and' did indeed mean' or' in this case.