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State of the art/development risks defence

Defence whereby a ‘producer’ can avoid Consumer Protection Act 1987 liability. If, at the time of supply, the state of scientific and technical knowledge was not such that a producer of similar products might have been expected to discover the defect if it had existed while there were products under his control, there will be no liability under the Act. It is no defence to show that the producer was unaware of the risk because of no prior accidents. The defence only applies when there has been some technical or scientific advance since the time of supply that subsequently enable the defect to be identified (Abouzaid v. Mothercare (UK) Ltd (2001)). The producer must show that the defence applies.

State Second Pension (S2P)

Replaced SERPS in 2002 providing a more generous additional state pension for low and moderate earners and certain carers and people with long-term disability. S2P gives employees earning up to £24,600 (2002/3 terms) an improvement over SERPS whether or not contracted out. Most help goes to persons in the lowest of three earning bands, i.e. up to £10,800.

State survey

Under §1864 of the Act, Centers for Medicare and Medicaid Services (CMS) has entered into agreements with agencies of state governments, typically the agency that licenses health facilities within the state health departments, to conduct surveys of Medicare participating providers and suppliers for purposes of determining compliance with Medicare requirements for participation in the Medicare program.