The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/3262 |
| Year | 2005 |
2005 No. 3262
FOOD
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
Made 27th November 2005
Coming into force in accordance with regulation 1
Whereas a draft of this instrument was laid before Parliament in accordance with section 13(10) of the Social Security Act 19881and approved by resolution of each House of Parliament:
Now therefore the Secretary of State for Health, in exercise of the powers conferred on her by section 13 of the Social Security Act 1988, and section 175(2) to (5) of the Social Security Contributions and Benefits Act 19922, and all other powers enabling her in that behalf, and after having consulted the Scottish Ministers and the National Assembly for Wales3, hereby makes the following Regulations:—
PART I
Preliminary
Citation and commencement
1. These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 and shall come into force on the day after the day on which they are made.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“beneficiary” means a person entitled to benefit pursuant to regulations 3 and 4;
“child” means a person under the age of 16;
“estimated date of delivery” means the date evidenced in writing and signed by a health professional pursuant to paragraph 2 of Schedule 2;
“family” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 for the purposes of Part VII of the Act (income-related benefits);
“food outlet” means a person registered in accordance with regulation 12 to supply Healthy Start food;
“health professional” means a registered medical practitioner, registered nurse or registered midwife, as the case may be4;
“Healthy Start food” means the food prescribed at regulation 5;
“Healthy Start scheme” means the scheme established by these Regulations;
“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 19955;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;
“parental responsibility” in England and Wales has the same meaning as in section 3(1) of the Children Act 19896, and in Scotland has the same meaning as in section 1(1) of the Children (Scotland) Act 19957;
“period of validity” in relation to a voucher means the period indicated on it in accordance with regulation 8 as that during which it may be exchanged for Healthy Start food in accordance with these Regulations;
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 20028;
“the 1996 Regulations” means the Welfare Food Regulations 19969;
“voucher” is to be construed in accordance with regulation 8.
(2) Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child, the provision shall, unless the context otherwise requires, be deemed to refer to a parent with parental responsibility for the child or the child’s guardian or the person having care of her.
(3) A reference to the Secretary of State in regulations 3 to 10, 12, 14 and 15, but not regulation 15(2), shall include a reference to a person authorised by her for the purposes of the Regulations or that regulation.
PART II
Entitlement to benefit
Entitlement to benefit
3.—(1) A person described in paragraph (3) is entitled to benefit in accordance with these Regulations.
(2) The benefit to which a person described in paragraph (3) is entitled is Healthy Start food to the value represented by a voucher as provided in regulation 8(3).
(3) For the purposes of paragraph (1), a person so described is a person resident in an area described in Schedule 1 and who is—
(a)
(a) a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and who is, or is a member of the family of a person who is, entitled to—
(i) income support; or
(ii) an income-based jobseeker’s allowance; or
(iii) child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 200210is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit;
(b)
(b) a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 199911applies;
(c)
(c) a mother who—
(i) before the birth of her child, was entitled to and in receipt of a social security benefit or tax credit mentioned in paragraph (3)(a); and
(ii) has parental responsibility for that child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of four months from the estimated date of delivery has not yet passed;
(d)
(d) a mother who—
(i) is not under the age of 18,
(ii) has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and
(iii) is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit; or
(e)
(e) a child who is under the age of five years, and who is a member of the family of a person who is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit.
(4) A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) or (d) is entitled to benefit in respect of each such child.
(5) If a mother would otherwise be entitled to benefit under paragraph (3)(c) or (d) but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to benefit instead of the mother.
(6) The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e).
Claim for benefit
4.—(1) Except as provided in paragraphs (2) to (4), no person described in regulation 3 may become entitled to benefit unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence, declaration and signatures, specified in Schedule 2.
(2) Where a person who has parental responsibility for a child described at regulation 3(3)(e) who is under the age of four months notifies by telephone the Secretary of State of the date of birth of the child, the child may become entitled to benefit from the date of her birth.
(3) A mother described in regulation 3(3)(c) may become entitled to benefit from the date of birth of her child provided that she has not submitted a claim as a mother described in regulation 3(3)(d) in respect of that child.
(4) A person described in regulation 3 who ceased to be entitled less than three months previously may have her entitlement renewed if she is able to demonstrate to the reasonable satisfaction of the Secretary of State that the circumstances that resulted in her ceasing to be so entitled have reverted to those that prevailed when she was so entitled.
(5) Subject to paragraph (1) a person described:—
(a)
(a) in regulation 3(3)(d) who is entitled to child tax credit will be entitled to benefit from the date on which she became so entitled in respect of the child described at regulation 3(3)(d)(ii),
(b)
(b) in regulation 3(3)(d) or (e) or (5) who is a member of the family of a person who is entitled to child tax credit will be entitled to benefit from the date on which she became a person so described.
(6) Subject to the provisions of this regulation, a person’s entitlement under this regulation and regulation 3 shall begin from the date on which her claim complying with the requirements of paragraph (1) is received by the Secretary of State.
Healthy Start food and payments in lieu
5.—(1) Healthy Start food is the food specified in Column 1 (category of food) of Schedule 3 as qualified in Column 2 (qualification) of that Schedule.
(2) If the Secretary of State is satisfied that there is no food outlet within a reasonable distance of the home of a beneficiary, she may, instead of benefit, pay the beneficiary an amount equal to the value represented by the voucher she would otherwise receive.
Advice on health and nutrition
6. The Secretary of State may arrange for a person described in regulation 3 to receive advice on health and nutrition when she receives a voucher or at some other time.
Cessation of entitlement to benefit
7.—(1) A person’s entitlement to benefit under these Regulations shall cease when she ceases to be entitled in accordance with regulation 3 or 4.
(2) A person who is no longer entitled to benefit must inform the Secretary of State of the change in her circumstances if she continues to receive vouchers or payments instead of benefit.
PART III
Vouchers
Issue of voucher
8.—(1) For each week that a beneficiary is entitled to benefit under regulations 3 and 4 the Secretary of State shall issue or cause to be issued to that...
To continue reading
Request your trial