The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020
| Year | 2020 |
2020 No. 267
Food, England And Wales
Constitutional Law
Devolution, Scotland
National Health Service, England
The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020
Made 10th March 2020
Laid before Parliament 12th March 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State for Health and Social Care makes these Regulations in exercise of the powers conferred by section 13(1), (3), (4)(a), (b), (c), (d), (e), (g) and (h), (9) and (11) of the Social Security Act 19881, section 175(3), (4) and (5) of the Social Security Contributions and Benefits Act 19922and section 71 of the Scotland Act 20163.
In accordance with section 13(2) of the Social Security Act 19884, the Secretary of State has consulted the Welsh Ministers5.
PART 1
Preliminary
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020.
(2) These Regulations come into force on 6thApril 2020, except regulation 17 which comes into force on 1stOctober 2020.
(3) These Regulations extend to England and Wales, with the exception of regulations 25 to 28 which extend to the United Kingdom.
(4) These Regulations apply as follows—
(a)
(a) Parts 2 and 4 apply in relation to England and Wales, with the exception of regulation 17 which applies in relation to England only;
(b)
(b) in Part 3—
(i) regulations 25 to 28 apply to the United Kingdom;
(ii) regulations 29 and 30 apply in relation to England only.
(5) In these Regulations—
“the principal Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20056;
“the 1996 Regulations” means the Welfare Food Regulations 19967.
PART 2
Amendment of secondary legislation
Amendment of the principal Regulations
2. The principal Regulations are amended in accordance with regulations 3 to 18.
Amendment of regulation 2 (interpretation)
3.—(1) In regulation 2(1)—
(a)
(a) after the definition of “clinical commissioning group” insert—
““credit” and related expressions (however expressed and except in the expressions “state pension credit”, “tax credit” and “universal credit”) are to be construed in accordance with regulation 8(1)(b);”;
(b)
(b) for the definition of “estimated date of delivery” substitute—
““estimated date of delivery” means the date included in a claim for benefit pursuant to paragraph 1(e) of Schedule 2;”;
(c)
(c) omit the definition of “food outlet”;
(d)
(d) omit the definition of “Health Board”;
(e)
(e) omit the definition of “health professional”;
(f)
(f) in the definition of “Healthy Start food”, omit sub-paragraph (b) but not the “and” after it;
(g)
(g) in the definition of “Healthy Start vitamins”, omit sub-paragraph (b) but not the “and” after it;
(h)
(h) in the definition of “parental responsibility”, omit from “, and in Scotland” to the end;
(i)
(i) omit the definition of “period of validity”;
(j)
(j) after the definition of “state pension credit” insert—
“universal credit” means universal credit under Part 1 of the Welfare Reform Act 20128;”.
(2) In regulation 2(3), for “regulations 3 to 10, 12, 14 and 15, but not regulation 15(2)” substitute “regulations 3 to 10, but not regulation 8(4) or (5) or 9A(2)”.
Amendment of regulation 3 (entitlement to benefit)
4.—(1) For regulation 3(1)9substitute—
“1. Subject to paragraph (3A), a person is entitled to benefit in accordance with these Regulations where—
(a) the person is a person described in paragraph (3) (“the pregnant woman, mother or child”); and
(b) at least one of the following is ordinarily resident in England or Wales—
the pregnant woman, mother or child;
the member of the family of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e);
the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or
the person responsible for the pregnant woman, mother or child described in paragraph (3)(aa)(ii), (3)(ab)(iii), (3)(da)(ii), (3)(db)(iii) or (3)(f).”.
(2) In regulation 3(2)(a), after “voucher” insert “or credit” and for “regulation 8(3)” substitute “regulation 8”.
(3) In regulation 3(3), for “paragraph (1)” substitute “paragraph (1)(a)”.
(4) After regulation 3(3) insert—
“3A. A person is not entitled to benefit under these Regulations in respect of any week in respect of which the person is entitled to benefit in accordance with Part 5 of the Welfare Food (Best Start Foods) (Scotland) Regulations 2019.”.
Amendment of regulation 4 (claim for benefit)
5.—(1) In regulation 4(1)10, for the words from “submits to the Secretary of State” to the end substitute “makes a claim to the Secretary of State that includes the information and declaration specified in Schedule 2”.
(2) In regulation 4(3) and (3B), for “submitted” substitute “made”.
Amendment of regulation 5 (Healthy Start food and payments in lieu)
6. For regulation 5(2)11substitute—
“2. If the Secretary of State is satisfied that a beneficiary cannot use a voucher within a reasonable distance of beneficiary’s home, the Secretary of State may, instead of issuing a voucher or credit, pay the beneficiary an amount equal to the value represented by the voucher or credit the beneficiary would otherwise receive.”.
Amendment of regulation 6 (advice on health and nutrition)
7. In regulation 612, after “voucher” insert “or credit,”.
Amendment of regulation 7 (cessation of entitlement to benefit)
8.—(1) In regulation 7(1)13, for “regulation 3 or 4” substitute “regulation 3, 4, 9(6) or 9A(4).
(2) In regulation 7(2), after “vouchers” insert “, credit”.
Amendment of regulation 7A (functions of the NHS Business Services Authority)
9. In regulation 7A(2)14—
(a) for sub-paragraph (a) substitute—
“(a)
“(a) carrying out administrative functions relating to—
the issue or making of payments in lieu of vouchers or credit for the purchase of Healthy Start food;
the supply of Healthy Start vitamins;”;
(b) in sub-paragraph (b), for “regulation 15” substitute “regulation 9A”;
(c) after sub-paragraph (b) insert—
“(c)
“(c) administering the Healthy Start scheme.”.
Substitution of regulation 8 (issue of voucher)
10. For regulation 815substitute—
“Issue of voucher or credit
8. (1) For each week that a beneficiary is entitled to benefit under regulations 3 and 4 the Secretary of State must—
(a)
(a) issue or cause to be issued to that beneficiary a voucher; or
(b)
(b) credit an amount to a voucher previously issued to that beneficiary,
to enable the beneficiary to purchase Healthy Start food.
(2) A voucher issued under paragraph (1)(a) may be in paper form, electronic form or in the form of a pre-paid payment card.
(3) The value represented by a voucher or credit issued under paragraph (1) (“the voucher or credit value”) must not be less than £3.10.
(4) Subject to paragraph (3), the Secretary of State may increase or decrease the voucher or credit value.
(5) When determining whether to exercise the power in paragraph (4) the Secretary of State must have regard to the following—
(a)
(a) the cost of purchasing Healthy Start food;
(b)
(b) any matters relating to the supply of Healthy Start food; and
(c)
(c) any other relevant factors.
(6) Where the power in paragraph (4) is exercised, the Secretary of State must publish, in such manner as the Secretary of State considers appropriate—
(a)
(a) the revised voucher or credit value; and
(b)
(b) the date from which the revision is to apply.”.
Amendment of regulation 8A (provision of Healthy Start vitamins)
11.—(1) In regulation 8A(1)16—
(a)
(a) at the end of sub-paragraph (a) insert “and”;
(b)
(b) omit sub-paragraph (b) and the “and” before it.
(2) In regulation 8A(5), omit the word “documentary”.
(3) In regulation 8A(6)—
(a)
(a) for “paragraph (4)” substitute “paragraph (5)”;
(b)
(b) omit the word “documentary” in both places it occurs.
Amendment of regulation 9 (use of voucher)
12.—(1) In regulation 9(1)17, for “within the period of its validity exchange a voucher for” substitute “only use a voucher to purchase”.
(2) In regulation 9(3), for “exchanged for” substitute “used to purchase”.
(3) In regulation 9(4)(b), for “supplied in exchange for” substitute “purchased with”.
(4) After regulation 9(4) insert—
“5. Where a voucher issued to a beneficiary has not been used for a period of 16 consecutive weeks the Secretary of State may cancel the voucher.
6. Where a voucher has been cancelled under paragraph (5) the beneficiary ceases to be entitled to benefit under these Regulations.”.
New regulation 9A (requirement to provide information or evidence)
13. After regulation 9 insert—
“Requirement to provide information or evidence
9A. (1) The Secretary of State may require a person to take reasonable steps to provide such information or evidence as may reasonably be needed in connection with the administration of the Healthy Start scheme.
(2) A person to whom a person is required to provide information or evidence under paragraph (1) must produce to that person evidence of his authority from the Secretary of State, if requested.
(3) Where a person fails to provide the information or evidence required the Secretary of State...
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