In SSI 2020/103, regulation 8(4) provides for the defence of “reasonable excuse” and regulation 8(5) refers, in subparagraph (d), to the need
“to provide care or assistance to a vulnerable person, including to provide emergency assistance”.
Regulation 10(b) indicates that a “vulnerable person” includes someone under the age of 70
“who has an underlying health condition”,
and schedule 2 sets out a number of physical health conditions that are included. The regulations do not appear to make any reference to non-physical health conditions, such as mental health needs, which might equally make someone a vulnerable person who needs care or assistance.
I know that the list of conditions in schedule 2 is a list of examples rather than a strict definition, but I wonder about the lack of inclusion—which I think is probably unintentional—of any reference to non-physical health conditions. In the circumstances, could we raise that matter with the lead committee in a note in our report?