The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019
| Year | 2019 |
2019 No. 193
Food
The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019
Made 30th May 2019
Laid before the Scottish Parliament 31th May 2019
Coming into force in accordance with regulation 1(2)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 19881and section 175(4) of the Social Security Contributions and Benefits Act 19922and all other powers enabling them to do so.
In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.
(2) These Regulations come into force on 12 August 2019, except regulation 21 and schedule 2 which come into force on 31 March 2020.
(3) These Regulations extend to Scotland only.
PART 2
General interpretation
General interpretation
2. In these Regulations—
“assessment period” is to be construed in accordance with regulation 21 of the Universal Credit Regulations 20133,
“beneficiary” means an individual entitled to benefit as described in regulation 7 or 8,
“Best Start Foods” means the types of food described in column 2 of the table in schedule 1,
“child” means a person under 16 years of age or a person who is a dependant within the meaning of regulation 5,
“child tax credit” means the tax credit provided for by section 1(1)(a) of the Tax Credits Act 20024,
“kinship carer” means an individual who cares for a child if—
(a) the individual is a qualifying person in relation to the child within the meaning of section 72(2) of the Children and Young People (Scotland) Act 20145, and
(b) the child is living with the individual (exclusively or predominantly) under the terms of—
(i) a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, or
(ii) an agreement between the individual, the individual’s partner or both of them and—
(aa) a local authority in Scotland by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 19956,
(bb) a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 19897, or
(cc) an authority in Northern Ireland by which the child is looked after within the meaning of article 25(1) of the Children (Northern Ireland) Order 19958, and
“the 2005 Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20059,
“universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 201210.
PART 3
Meaning of certain expressions concerning interpersonal relationships
Meaning of “partner”
3. For the purposes of these Regulations, an individual is regarded as the partner of another individual if those two individuals would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012 (see section 39 of that Act11).
Meaning of being “responsible” for a child
4.—(1) An individual is to be regarded as responsible for a child only if at least one of sub-paragraphs (a) to (g) applies—
(a)
(a) the child is a dependant of the individual,
(b)
(b) the individual is one of the child’s parents and—
(i) normally lives with the child,
(ii) is under 20 years of age, and
(iii) is a dependant of another individual,
(c)
(c) the child is treated in law as the child of the individual by virtue of an order under section 54 of the Human Fertilisation and Embryology Act 200812,
(d)
(d) the child is treated in law as the child of the individual by reason of an adoption either—
(i) effected under the law of Scotland, or
(ii) effected under the law of another country or jurisdiction and recognised by the law of Scotland,
(e)
(e) the child is placed with the individual by an adoption agency,
(f)
(f) the individual is a guardian of the child appointed by deed, will or by a court,
(g)
(g) the individual is a kinship carer for the child.
(2) In paragraph (1)(e), “adoption agency” means—
(a)
(a) a local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 200713,
(b)
(b) an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 201014and registered under Part 5 of that Act,
(c)
(c) an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 200215,
(d)
(d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 198716.
Meaning of “dependant”
5.—(1) In respect of any given week, an individual (“person A”) is to be regarded as the dependant of another individual (“person B”) only if—
(a)
(a) paragraph (2) applies, or
(b)
(b) in that week person B is a kinship carer for person A.
(2) This paragraph applies where—
(a)
(a) person B has been awarded—
(i) child tax credit, child benefit or state pension credit in respect of the week in question (or for a period that includes that week), or
(ii) universal credit for—
(aa) an assessment period that includes the week in question, or
(bb) an assessment period that ended immediately before the assessment period mentioned in paragraph (aa) started, and
(b)
(b) person A is recognised to be a child for whom person B has responsibility in terms of that award of assistance.
(3) It is immaterial for the purpose of this regulation that the award of assistance to person B referred to paragraph (2) does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.
PART 4
Entitlement
General
6.—(1) An individual described in regulation 7 or regulation 8 is entitled to be paid benefit in accordance with the provisions of Part 5 of these Regulations.
(2) An individual is not entitled to be paid benefit under these Regulations in respect of any week in which they received, or are due to receive, benefit under the 2005 Regulations.
(3) A person who is entitled to benefit under these Regulations only by virtue of payment of a kind of assistance mentioned in regulation 10(1)(h) does not cease to be so entitled until expiry of 8 weeks beginning with the day after the last day of the most recent completed assessment period for that kind of assistance.
Pregnant women
7.—(1) For the purposes of regulation 6 an individual so described is—
(a)
(a) a pregnant woman who—
(i) is ordinarily resident in Scotland,
(ii) is 18 years of age or older, and
(iii) is, or is the partner or dependant of an individual who is, in receipt of a kind of assistance mentioned in regulation 10, including an individual who has been awarded a kind of assistance but has not yet received payment, or
(b)
(b) a pregnant woman under 18 years of age, provided that she meets the residence requirement in regulation 9.
(2) If an individual described in paragraph (1)(b) reaches the age of 18 years before the end of her pregnancy she remains entitled to benefit until the end of that pregnancy.
Children
8.—(1) For the purposes of regulation 6 an individual so described is—
(a)
(a) a child who is—
(i) under 3 years of age,
(ii) for whom another individual is responsible, and
(iii) that other individual is, or is the partner or dependant of another individual who is, in receipt of a kind of assistance mentioned in regulation 10, including an individual who has been awarded a kind of assistance but has not yet received payment, or
(b)
(b) a child who is—
(i) under one year of age, or whose first anniversary of their estimated date of delivery has not yet passed,
(ii) for whom another individual is responsible, and
(iii) that other individual is under 18 years of age and meets the residence requirement set out in regulation 9.
(2) A child described in paragraph (1)(b) remains entitled to benefit until they are one year of age, including where the individual responsible for them has turned 18 years of age before the child’s first birthday.
Residence requirement
9.—(1) The residence requirement is—
(a)
(a) the individual is ordinarily resident in Scotland, and
(b)
(b) where neither the individual, the individual’s partner nor the person on whom the individual is dependent has been awarded a kind of assistance mentioned in regulation 10, the condition set out in paragraph (2) is also met.
(2) The condition is that the individual is—
(a)
(a) habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, the European Economic Area or Switzerland,
(b)
(b) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the protocol relating to the status of refugees done at New York on 31 January 1967,
(c)
(c) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 197117, where that leave is—
(i) discretionary leave to enter or remain in the United Kingdom,
(ii) leave to remain under the destitution domestic violence concession, or
(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 200518,
(d)
(d) a person who has humanitarian protection granted under rules made under section 3(2) of the Immigration Act 1971, or
(e)
(e) a person who—
(i) is not a person who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 (exclusion...
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