PART I PRELIMINARY

Citation and commencement_I1

1. These Regulations may be cited as the Welfare Food Regulations 1996 and shall come into force on 27th June 1996.

Interpretation_I2

2.—(1) In these Regulations unless the context otherwise requires—

“approved price” in relation to milk supplied against a milk token means the lowest price which in the ordinary course of business a supplier charges, during the week in which that milk token was used, any of his retail customers for a 568 millilitre measure of milk or, if he supplies milk in multiples of 500 millilitres only, for a 500 millilitre measure of milk( 3 );

[^F1 “beneficiary” means a person entitled to milk, dried milk or vitamins by virtue of regulation 3, 4 or 5; ^F1]

^F2...

[^F1 “clinic” means—

“day care” in relation to England and Wales has the same meaning as in section 18(4) of the Children Act 1989 ( 4 ) and in relation to Scotland has the same meaning as in section 79(b) of that Act ;

“day care provider” means a day care provider specified in regulation 18(2);

[[^F7,F8 “dried milk” means any infant formula specified in Schedule 1; ^F8,F7]] [^F7 “ dried milk ” means a food based on cow's milk intended for particular nutritional use from birth by infants in good health, and satisfying by itself the nutritional requirements of such infants, which has been concentrated to the form of powder, granule or solid by the removal of water; ^F7]

“exempt establishment” means a home or other establishment which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 4 of Schedule 9 to that Act;

“exempt school” means a school or play centre which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 3 of Schedule 9 to that Act;

[^F1 “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); ^F1]

^F9...

^F10...

^F11...

[^F1 “Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ( 5 ) ; ^F1]

[^F1 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995 ( 6 ) ; and any reference to a person entitled to an income-based jobseeker’s allowance in these Regulations has effect as from 7th October 1996; ^F1]

[^F1 “income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992 ; ^F1]

“local authority” has the same meaning as in section 105(1) of the Children Act 1989 ;

“milk” means whole or semi-skimmed liquid cow’s milk which is heat treated but does not include milk to or from which chemicals, vitamins, flavours or colours have been added or removed otherwise than as a consequence of the process of heat treatment or as a consequence of the process of producing semi-skimmed milk from whole milk;

“milk token” means a token for milk or dried milk issued by or on behalf of the Secretary of State under regulation 10;

[[^F1,F12 “NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 ; ^F12,F1]]

[^F1 “NHS trust” in relation to England and Wales has the same meaning as in the National Health Service and Community Care Act 1990 ( 7 ) and in relation to Scotland has the same meaning as in the National Health Service (Scotland) Act 1978 ( 8 ) ; ^F1]

“period of validity” in relation to a milk token means the period indicated on it in accordance with regulation 10(3) as that during which it may be used;

[[^F1,F13 “Primary Care Trust” has the same meaning as in section 16A of the National Health Service Act 1977 ; ^F13,F1]]

“registered child minder” means a person who is registered with a local authority under section 71(1)(a) of the Children Act 1989 ;

“registered day care provider” means a person who is registered with a local authority under section 71(1)(b) of the Children Act 1989 ;

[[^F1,F14 “relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ^F14,F1]]

“school milk subsidy” means a European Community school milk subsidy under Council Regulation (EEC) no. 1842/83 (supply of milk and certain milk products at reduced prices to school children);

“special reimbursement” means reimbursement in respect of which a special percentage applies under regulation 17;

[^F15 “supplier” means a person who supplies milk or dried milk under these Regulations, and for the purposes of the function of the Secretary of State of paying suppliers’ invoices for the supply of vitamins to a Primary Care Trust, NHS trust, NHS foundation trust, Local Health Board or Health Board, a person who supplies vitamins; ^F15]

“total retail milk supply” means the total of—

[^F1 “vitamins” means vitamin tablets or vitamin drops containing vitamins [^F16 appropriate for the beneficiary who receives them ^F16] ; and ^F1]

“welfare milk supply” means the volume of milk which the supplier supplies against milk tokens or for which he has made an allowance in accordance with regulation 14(2);

^F17...

(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 one of his parents or his guardian or the person having care of him.

(3) In these Regulations, unless the context otherwise requires, a reference:—

(a)to a numbered regulation, Part or Schedule is a reference to the regulation or the Part in, or the Schedule to, these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule having that number; and

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART II ENTITLEMENT TO FREE MILK, DRIED MILK AND VITAMINS AND DRIED MILK AT A REDUCED PRICE

Entitlement to free milk_I3

[^F18 3.—(1) Subject to [^F19 paragraphs (3A) and (4)^F19] and the provisions as to milk tokens in Parts III and IV, any person specified in paragraph (2) [^F20 other than a person who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,^F20] is entitled to receive milk for personal consumption, in accordance with these Regulations, free of charge.

[^F21 (2) For the purposes of paragraph (1), the person specified is any of the following in Great Britain—

(a)an expectant mother 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

^F22(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F23 (iv)child tax credit, provided that 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 [^F24 £14,155^F24] , and the person is not entitled to working tax credit;^F23]

(b)a child who has attained the age of one year but is under the age of five years and who 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, provided that 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 [^F25 £14,155^F25] , and the person is not entitled to working tax credit; ^F26...

^F27(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F21]

^F28(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F29 (3A) No expectant mother shall be entitled to milk unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 2A;

(3B) An expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (3A) is received by the Secretary of State.^F29]

^F30(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A beneficiary’s entitlement under this regulation is to milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week(9).^F18]

[^F31Child under the age of one year—entitlement to free dried milk or milk _I4

4.—(1) Subject to paragraph (3) and to the provisions as to milk tokens in Parts III and IV, a child in Great Britain [^F33 other than a child who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,^F33] who is under the age of one year and who is a member of the family of a person who is entitled to—

(a)income support, or

(b)an income-based jobseeker’s allowance, or

(c)[^F34 child tax credit, provided that 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 [^F35 £14,155^F35] , and the person is not entitled to working tax credit,^F34]

is entitled to receive dried milk or milk for personal consumption, in accordance with these Regulations, free of charge.^F32]

(2) A beneficiary’s entitlement under this regulation is to—

(a)dried milk at the rate of 900 grammes per week; or

(b)milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week.

(3) Milk to which a beneficiary is entitled under paragraph (2)(b) may be for consumption by the beneficiary’s mother if she is breast-feeding the child.^F31]

[^F36Entitlement to free vitamins _I5

5.—(1) Subject to [^F37 paragraphs (3A) and (4)^F37] , any person specified in paragraph (2) is entitled to receive vitamins for personal consumption, in accordance with these Regulations, free of charge.

(2) For the purposes of paragraph (1), the person specified is any of the following in Great Britain—

[^F38 (a)an expectant mother who is, or is a member of the family of a person who is, entitled to—

(i)income support;

(ii)an income based jobseeker’s allowance;

^F39(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)child tax credit, provided that 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 [^F40 £14,155^F40] , and the person is not entitled to working tax credit;

(b)a mother who is breast-feeding her child under the age of one year who is, or is a member of the family of a person who is entitled to—

(i)income support;

(ii)an income based jobseeker’s allowance;

^F41(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)child tax credit, provided that 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 [^F42 £14,155^F42] , and the person is not entitled to working tax credit;

(c)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—

(i)income support;

(ii)an income based jobseeker’s allowance; or

(iii)child tax credit, provided that 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 [^F43 £14,155^F43] , and the person is not entitled to working tax credit.^F38]

(3) Entitlement to vitamins under paragraph (1) is as follows—

(a)in the case of a mother who is breast-feeding her child 90 tablets or 20 millilitres of drops for every 13 weeks of entitlement;

(b)in the case of an expectant mother or a child under the age of five years, 20 millilitres of drops for every 13 weeks of entitlement.

[^F44 (3A) No expectant mother [^F45 , other than a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,^F45] shall be entitled to vitamins unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 2A.

(3B)[^F46 Other than in the case of a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,^F46] an expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (3A) is received by the Secretary of State.^F44]

(4)[^F47 Except in the case of an expectant mother specified in paragraph (2)(a)^F47] no person shall be entitled to vitamins under this regulation unless a claim is made to a person responsible for the distribution of welfare food at a clinic and the claim is supported by—

[^F48 (a)documentary evidence of entitlement to—

(i)income support; or

(ii)an income based jobseeker’s allowance; or

^F49(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)child tax credit, provided that 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 [^F50 £14,155^F50] , and the person is not entitled to working tax credit; and^F48]

(b)if requested by the person to whom the claim is made, documentary evidence of the child’s age or documentary evidence that the beneficiary is an expectant mother.

[^F51 (5) An expectant mother who is entitled to receive vitamins in accordance with these Regulations shall produce documentary evidence of her entitlement to a person responsible for the distribution of welfare food at a clinic.^F51,F36]]

Inability to obtain free vitamins

^F526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase of dried milk at a reduced price

^F537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inability to purchase dried milk at a reduced price

^F548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of milk, dried milk and vitamins

^F559. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III MILK TOKENS

Issue of milk tokens _I6E1

^F5610.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F56(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F56(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F56(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A milk token issued by the Department of Health and Social Services in Northern Ireland shall be valid in Great Britain as if it had been issued by or on behalf of the Secretary of State under these Regulations.

Issue of milk tokens _I27E9

^F8910.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A milk token issued by the Department of Health and Social Services in Northern Ireland shall be valid in Great Britain as if it had been issued by or on behalf of the Secretary of State under these Regulations.

[^F90 (6) A milk token issued by the Department of Health and Social Services in Northern Ireland or the Secretary of State is not valid on or after 1 August 2021.^F90]

Use of milk tokens_I7

^F5711.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No person shall use a milk token except in accordance with these Regulations.

(4) No person shall buy or sell a milk token issued under these Regulations.

Failure to receive milk tokens

^F5812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of milk tokens _I8E2

13.—(1) Every milk token is and shall remain the property of the Secretary of State.

(2) Any person holding milk tokens shall, when requested by the Secretary of State, produce or deliver to the Secretary of State all milk tokens in his possession within such time and to such place as he may direct in writing.

(3) The Secretary of State may cancel any milk token which cannot be validly used under these Regulations.

(4) If a beneficiary receives a milk token issued in accordance with regulation 10 and, before it is exchanged, the milk token is lost or stolen or accidentally destroyed she may apply [^F59to the Department of Health^F59] for a replacement milk token and if the Secretary of State [^F60or a person authorised by him^F60] is satisfied that the milk token has been lost or stolen or accidentally destroyed whilst in her possession he may give her a replacement milk token.

Control of milk tokens _I28E10

13.—(1) Every milk token is and shall remain the property of the Secretary of State.

(2) Any person holding milk tokens shall, when requested by the Secretary of State, produce or deliver to the Secretary of State all milk tokens in his possession within such time and to such place as he may direct in writing.

(3) The Secretary of State may cancel any milk token which cannot be validly used under these Regulations.

(4) If a beneficiary receives a milk token issued in accordance with regulation 10 and, before it is exchanged, the milk token is lost or stolen or accidentally destroyed she may apply [^F91to the Department of Health^F91] for a replacement milk token and if the Secretary of State [^F92or a person authorised by him^F92] is satisfied that the milk token has been lost or stolen or accidentally destroyed whilst in her possession he may give her a replacement milk token.

[^F93 (5) No beneficiary may apply for a replacement milk token under paragraph (4) on or after 1 August 2021.^F93]

PART IV SUPPLIERS OF MILK

Exchange of milk tokens for milk

^F6114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inability to exchange milk tokens for milk

^F6215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reimbursement of suppliers _I9E3

16.—(1) Subject to regulation 17, the Secretary of State shall reimburse a supplier who has submitted to him a milk token together with a claim in writing which includes the information set out in Schedule 3 with an amount equal to the approved price of the milk which the supplier has supplied against that milk token or for which he has made an allowance in accordance with regulation 14(2), less nine per cent.

(2) No amount shall be reimbursed in respect of milk supplied in exchange for a milk token more than [^F63six months^F63] before the date of the claim for reimbursement.

(3) Where a supplier sends milk tokens to the Secretary of State by post for the purpose of claiming reimbursement under paragraph (1) and the Secretary of State does not receive them, if the supplier applies to the Secretary of State for reimbursement in respect of the milk tokens, he may reimburse him in accordance with these Regulations provided that he is satisfied that the supplier exchanged them for milk in accordance with regulation 14(1) or made an allowance in accordance with regulation 14(2) and that he posted them to him for the purpose of claiming reimbursement.

Reimbursement of suppliers _I29E11

16.—(1) Subject to regulation 17, the Secretary of State shall reimburse a supplier who has submitted to him a milk token together with a claim in writing which includes the information set out in Schedule 3 with an amount equal to the approved price of the milk which the supplier has supplied against that milk token or for which he has made an allowance in accordance with regulation 14(2), less nine per cent.

[^F94 (1A) No supplier may submit a milk token together with a claim for reimbursement under paragraph (1) on or after 1 February 2022.^F94]

(2) No amount shall be reimbursed in respect of milk supplied in exchange for a milk token more than [^F95six months^F95] before the date of the claim for reimbursement.

(3) Where a supplier sends milk tokens to the Secretary of State by post for the purpose of claiming reimbursement under paragraph (1) and the Secretary of State does not receive them, if the supplier applies to the Secretary of State for reimbursement in respect of the milk tokens, he may reimburse him in accordance with these Regulations provided that he is satisfied that the supplier exchanged them for milk in accordance with regulation 14(1) or made an allowance in accordance with regulation 14(2) and that he posted them to him for the purpose of claiming reimbursement.

Special reimbursement _I10E4

17.—(1) A supplier may apply to the Secretary of State for a determination of a special percentage by which the supplier’s approved price will be reduced in accordance with this regulation.

(2) A supplier who applies to the Secretary of State for a special percentage under paragraph (1) shall submit to him an application in writing which shall include the information and declaration specified in Part I of Schedule 4.

(3) Where the Secretary of State is satisfied that—

(a)the supplier’s welfare milk supply during a period of 52 consecutive weeks in the 60 weeks immediately preceding the date of the application was more than 7.5 per cent. of his total retail milk supply for that period; or

(b)the supplier—

(i)at the time of his application had not carried on a retail trade in milk for 52 weeks or more but had carried on such trade for a period of at least 13 consecutive weeks ending immediately preceding the date of his application, and

(ii)had a welfare milk supply during that period of at least 13 consecutive weeks which was more than 7.5 per cent. of his total retail milk supply for that period,

he shall determine the special percentage by which the supplier’s approved price will be reduced for the purpose of reimbursement under paragraph (6) in accordance with Part II of Schedule 4, and shall notify him of it in writing.

(4) A determination made under paragraph (3) shall have effect for a period of one year from the date specified in the determination.

(5) A supplier may not apply to vary a special percentage given in a determination under paragraph (3).

(6) Where the Secretary of State has determined a special percentage for a supplier under paragraph (3) and during the year specified in the determination the supplier submits to him a milk token together with a claim in writing which includes the information and declaration specified in Schedule 4, the Secretary of State shall reimburse the supplier with an amount equal to the approved price of the milk which the supplier has supplied against the milk token or for which he has made an allowance in accordance with regulation 14(2), less the special percentage.

Special reimbursement _I30E12

17.—(1) A supplier may apply to the Secretary of State for a determination of a special percentage by which the supplier’s approved price will be reduced in accordance with this regulation.

[^F96 (1A) No supplier may apply under paragraph (1) on or after 1 February 2022.^F96]

(2) A supplier who applies to the Secretary of State for a special percentage under paragraph (1) shall submit to him an application in writing which shall include the information and declaration specified in Part I of Schedule 4.

(3) Where the Secretary of State is satisfied that—

(a)the supplier’s welfare milk supply during a period of 52 consecutive weeks in the 60 weeks immediately preceding the date of the application was more than 7.5 per cent. of his total retail milk supply for that period; or

(b)the supplier—

(i)at the time of his application had not carried on a retail trade in milk for 52 weeks or more but had carried on such trade for a period of at least 13 consecutive weeks ending immediately preceding the date of his application, and

(ii)had a welfare milk supply during that period of at least 13 consecutive weeks which was more than 7.5 per cent. of his total retail milk supply for that period,

he shall determine the special percentage by which the supplier’s approved price will be reduced for the purpose of reimbursement under paragraph (6) in accordance with Part II of Schedule 4, and shall notify him of it in writing.

(4) A determination made under paragraph (3) shall have effect for a period of one year from the date specified in the determination.

(5) A supplier may not apply to vary a special percentage given in a determination under paragraph (3).

(6) Where the Secretary of State has determined a special percentage for a supplier under paragraph (3) and during the year specified in the determination the supplier submits to him a milk token together with a claim in writing which includes the information and declaration specified in Schedule 4, the Secretary of State shall reimburse the supplier with an amount equal to the approved price of the milk which the supplier has supplied against the milk token or for which he has made an allowance in accordance with regulation 14(2), less the special percentage.

PART V CHILDREN IN DAY CARE

Milk or dried milk for children in day care _I11E5

^F64,F6518.—(1) ... ..., a child who is under the age of five years on each day that he is looked after for two hours or more, or is provided with day care for two hours or more, by any day care provider who is approved as a supplier in accordance with regulation 19, shall be entitled, free of charge—

(a)if he has attained the age of one year, to 189 millilitres(10) of milk or, where milk is supplied in containers of 200 millilitres only, to 200 millilitres of milk;

(b)if he has not attained the age of one year, [^F66dried milk^F66] made up to provide 189 millilitres.

(2) For the purposes of paragraph (1) a day care provider is—

(a)a registered child minder;

(b)a registered day care provider;

(c)a local authority to the extent it is providing day care under section 18 of the Children Act 1989 or under section 12 of the Social Work (Scotland) Act 1968(11);

(d)an exempt school; or

(e)an exempt establishment to the extent that day care is being provided to children as part of the activities of the establishment only because the children are children of persons carrying on or employed to work at that establishment.

Milk or dried milk for children in day care _I31E13

^F97,F9818.—(1) ... ..., a child who is under the age of five years on each day that he is looked after for two hours or more, or is provided with day care for two hours or more, by any day care provider who is approved as a supplier in accordance with regulation 19, shall be entitled, free of charge—

(a)if he has attained the age of one year, to 189 millilitres(10) of milk or, where milk is supplied in containers of 200 millilitres only, to 200 millilitres of milk;

(b)if he has not attained the age of one year, either to milk as in paragraph (a) or dried milk, made up to provide 189 millilitres.

[^F99 (1A) No child is entitled under paragraph (1) on or after 1 August 2021.^F99]

(2) For the purposes of paragraph (1) a day care provider is—

(a)a registered child minder;

(b)a registered day care provider;

(c)a local authority to the extent it is providing day care under section 18 of the Children Act 1989 or under section 12 of the Social Work (Scotland) Act 1968(11);

(d)an exempt school; or

(e)an exempt establishment to the extent that day care is being provided to children as part of the activities of the establishment only because the children are children of persons carrying on or employed to work at that establishment.

Approval of suppliers _I12E6

19.—(1) Any day care provider may apply to the Secretary of State, or to a person authorised by him, for approval as a supplier in accordance with paragraph (3).

(2) An application for approval under paragraph (1) shall be in writing and the application—

(a)shall include the information specified in paragraph 1(a) to (f) of Schedule 5;

(b)in the case of a registered child minder or a registered day care provider, it shall also be accompanied by the document specified in paragraph 1(g) of Schedule 5; and

(c)in the case of an exempt school or an exempt establishment, shall also include the relevant declaration specified in paragraph 1(h) or (i) of Schedule 5.

(3) The Secretary of State or a person authorised by him shall give his approval if he is satisfied that the applicant is providing day care, or looking after, children under the age of five.

(4) Any day care provider approved as a supplier under paragraph (3) shall notify the Secretary of State, or person authorised by him, of any material change to the information in the declaration or otherwise included in his application for approval under paragraph (2).

(5) The Secretary of State or person authorised to give approvals on his behalf may withdraw the approval of a supplier if he ceases to be satisfied—

(a)that the supplier is a day care provider; or

(b)that he is making adequate arrangements for the supply of milk or dried milk to children entitled to it under regulation 18(1).

Approval of suppliers _I32E14

19.—(1) Any day care provider may apply to the Secretary of State, or to a person authorised by him, for approval as a supplier in accordance with paragraph (3).

[^F100 (1A) No day care provider may apply under paragraph (1) for approval as a supplier on or after 1 August 2021.^F100]

(2) An application for approval under paragraph (1) shall be in writing and the application—

(a)shall include the information specified in paragraph 1(a) to (f) of Schedule 5;

(b)in the case of a registered child minder or a registered day care provider, it shall also be accompanied by the document specified in paragraph 1(g) of Schedule 5; and

(c)in the case of an exempt school or an exempt establishment, shall also include the relevant declaration specified in paragraph 1(h) or (i) of Schedule 5.

(3) The Secretary of State or a person authorised by him shall give his approval if he is satisfied that the applicant is providing day care, or looking after, children under the age of five.

(4) Any day care provider approved as a supplier under paragraph (3) shall notify the Secretary of State, or person authorised by him, of any material change to the information in the declaration or otherwise included in his application for approval under paragraph (2).

(5) The Secretary of State or person authorised to give approvals on his behalf may withdraw the approval of a supplier if he ceases to be satisfied—

(a)that the supplier is a day care provider; or

(b)that he is making adequate arrangements for the supply of milk or dried milk to children entitled to it under regulation 18(1).

Reimbursement of approved suppliers _I13E7

20.—(1) Subject to paragraphs (2) to (4), a day care provider approved as a supplier under regulation 19 who supplies or secures the supply of milk or dried milk to children who are entitled under regulation 18(1) and who submits a claim for reimbursement including the information specified in paragraph 2 of Schedule 5, shall be reimbursed by the Secretary of State with an amount equal to the cost to that person of purchasing the milk or dried milk.

(2) Claims for reimbursement shall, so far as reasonably practicable, be made at intervals of four months and in respect of milk supplied in the period of four months immediately preceding the claim.

(3) No amount shall be reimbursed in respect of milk supplied more than [^F67six months^F67] before the date of the claim for reimbursement.

(4) An exempt school which has purchased and supplied milk to children entitled to it under regulation 18(1) shall not be reimbursed in respect of that part of the cost of the milk for which the school may claim a school milk subsidy.

Reimbursement of approved suppliers _I33E15

20.—(1) Subject to paragraphs (2) to (4), a day care provider approved as a supplier under regulation 19 who supplies or secures the supply of milk or dried milk to children who are entitled under regulation 18(1) and who submits a claim for reimbursement including the information specified in paragraph 2 of Schedule 5, shall be reimbursed by the Secretary of State with an amount equal to the cost to that person of purchasing the milk or dried milk.

[^F101 (1A) No day care provider may submit a claim for reimbursement under paragraph (1) on or after 1 February 2022.^F101]

(2) Claims for reimbursement shall, so far as reasonably practicable, be made at intervals of four months and in respect of milk supplied in the period of four months immediately preceding the claim.

(3) No amount shall be reimbursed in respect of milk supplied more than [^F102six months^F102] before the date of the claim for reimbursement.

(4) An exempt school which has purchased and supplied milk to children entitled to it under regulation 18(1) shall not be reimbursed in respect of that part of the cost of the milk for which the school may claim a school milk subsidy.

PART VI GENERAL

Requirement to furnish information_I14

21.—(1) The Secretary of State may require any person who has—

(a)applied for approval as a supplier under regulation 19; or

(b)claimed reimbursement of an amount in respect of milk, dried milk or vitamins supplied in accordance with these Regulations,

to furnish him, or an officer duly authorised in that behalf, with such information or evidence, whether in the form of documents or otherwise, as may be reasonably needed in connection with approving that person as a supplier or reimbursing that person.

(2) An officer to whom a person is required, under paragraph (1), to furnish information or evidence shall produce to that person, if required to do so, his authority from the Secretary of State.

(3) Where documents specified by the Secretary of State or an authorised officer under paragraph (1) are produced—

(a)he may take copies of them or extracts from them, and

(b)the person producing them, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate shall provide an explanation of them if requested by the Secretary of State or an authorised officer.

(4) Where documents specified under paragraph (1) are not produced, the person who was required to produce them shall state, to the best of his knowledge and belief, where they are.

[^F68Functions of the NHS Business Services Authority _E8

21A.—(1) When requested by the Secretary of State, the NHS Business Services Authority shall have the function, on behalf of the Secretary of State, of—

(a)carrying out administrative functions relating to the supply of milk or dried milk by a day care provider approved as a supplier under Part V;

(b)requesting and receiving information referred to in regulation 21;

[^F69 (c)carrying out administrative functions relating to the approval of suppliers under Part V;

(d)administering the Nursery Milk Scheme.^F69]

(2) In paragraph (1) [^F70 —

(a) ^F70] the “NHS Business Services Authority” means the authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005;

[^F71 (b) the “Nursery Milk Scheme” means the scheme set out in these Regulations. ^F71] . ^F68]

[^F103Functions of the NHS Business Services Authority _E16

21A.—(1) When requested by the Secretary of State, the NHS Business Services Authority shall have the function, on behalf of the Secretary of State, of—

(a)carrying out administrative functions relating to the supply of milk or dried milk by a day care provider approved as a supplier under Part V;

(b)requesting and receiving information referred to in regulation 21.

[^F104 (1A) The NHS Business Services Authority may not have the function mentioned in paragraph (1)(a) on or after 1 August 2021.^F104]

(2) In paragraph (1), the “NHS Business Services Authority” means the authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005. ^F103]

Application of enactments_I15

22.—(1) The enactments relating to the administration of benefit under the Social Security Administration Act 1992(12) specified in Column 1 of Schedule 6 shall have effect for the [^F72purposes^F72] of the administration of the [^F72schemes^F72] made by these Regulations [^F73and the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005^F73] , subject to the modifications specified in Column 2 of that Schedule.

(2) A person who contravenes or fails to comply with any of the following provisions of these Regulations, namely—

• ^F74 ...

• ^F74 ...

• ^F74 ...

• regulation 11(3);

• regulation 11(4);

• ^F74 ...

• ^F74 ...

[^F75 or the following provisions of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, namely—

• regulation 7(2);

• regulation 9(4);

• regulation 11(2);

• [^F76 regulation 13(1);^F76]

• [^F76 regulation 13(3),^F76,F75]]

shall be guilty of an offence under section 13 of the Social Security Act 1988 and liable on summary conviction to a penalty not exceeding level 3 on the standard scale.

Revocations_I16

23. The regulations specified in Schedule 7 to these Regulations are hereby revoked.

Transitional provisions_I17

24.—(1) Anything done under a provision of the Welfare Food Regulations 1988(13) in so far as it could have been done under the provision as re-enacted in these Regulations with or without modification, shall have effect as if done under these Regulations.

(2) Without prejudice to the generality of paragraph (1)—

(a)any milk token issued under the Welfare Food Regulations 1988 may be used as though it were a milk token issued under these Regulations and a supplier may be reimbursed in respect of milk supplied against the milk token as though it were issued under these Regulations;

(b)any approval given, or treated as given, by the Secretary of State under the Welfare Food Regulations 1988 in respect of a person or premises in relation to the supply of milk or dried milk to children shall be treated as an approval given under regulation 19(3) to that person or to the person receiving children at those premises;

(c)any welfare food distribution centre within the meaning of regulation 2(1) of the Welfare Food Regulations 1988 shall be treated as though it had been approved as such a centre under regulation 2(1); and

(d)any application by a supplier for approval to participate in arrangements for reimbursement under regulation 15A of the Welfare Food Regulations 1988(14) and any determination of a percentage under that regulation for a period which ends after the date on which these Regulations come into force shall be treated respectively as an application to determine a special percentage and a determination of a special percentage under regulation 17.

Regulation 2(1)

[[^F77,F78SCHEDULE 1 DRIED MILK SPECIFIED FOR THE PURPOSE OF THE REGULATIONS

• SMA First Infant Milk powder

• SMA Comfort Easy to Digest Infant Milk powder

• SMA Extra Hungry Infant Milk powder

• Cow & Gate First Infant Milk powder

• Cow & Gate Comfort powder

• Cow & Gate Infant Milk for Hungrier Babies powder

• HiPP Organic Combiotic First Infant Milk powder

• HiPP Organic Combiotic Hungry Infant Milk powder

• Aptamil First Milk from birth powder

• Aptamil Comfort from birth powder

• Aptamil Hungry Milk from birth powder^F78,F77]]

Regulation 3(4)

^F79SCHEDULE 2 CLAIMS FOR QUALIFYING CHILDREN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 3(3A) and 5(3A)

[[^F80,F81SCHEDULE 2A Application for Free Milk and Vitamins for Personal Consumption- Expectant Mother

Information needed for application for free milk and vitamins

1. A claim by an expectant mother for free milk and vitamins for personal consumption pursuant to regulations 3(2)(b) and 5(2)(b) shall contain the following information—

(a)the name and address of the expectant mother;

(b)the name and address of the person of whose family the expectant mother is a member and who is entitled to a benefit or tax credit mentioned in regulations 3(2)(a)(i) to (iv) and 5(2)(a)(i) to (iv), unless the person entitled is the expectant mother;

(c)the national insurance number of the expectant mother, or, if she is aged under 18, her date of birth.

Evidence in writing needed for application for free milk and vitamins

2. A claim by the expectant mother shall be accompanied by evidence in writing of her expected date of delivery.

Declaration needed for application for free milk and vitamins

3. A claim by the expectant mother shall include a declaration that she or a member of her family is entitled to—

(a)income support;

(b)an income based jobseeker’s allowance;

(c)a guarantee credit; or

(d)child tax credit, provided that 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 [^F82 £14,155^F82] , and the person is not entitled to working tax credit.^F81,F80]]

Regulation 16(1)

SCHEDULE 3 INFORMATION FOR CLAIMS FOR REIMBURSEMENT _I18

Information to be provided on a claim for reimbursement—

Regulation 17(2) and (3)

SCHEDULE 4 SPECIAL REIMBURSEMENT

PART I INFORMATION AND DECLARATION FOR SPECIAL REIMBURSEMENT _I19,I20

1. An application for determination of a special percentage shall contain the following information—

(a) the name and address of the supplier;

(b) the dates on which the reference period begins and ends;

(c) the supplier’s welfare milk supply during that reference period;

(d) the supplier’s total retail milk supply during that reference period;

(e) a description of the supplier’s business by reference to whether it is:—

(i) wholesale and retail or retail only; and

(ii) doorstep delivery or from premises.

2. An application for special reimbursement shall include a declaration signed by a qualified accountant [^F83, or by a person who has direct knowledge of the financial records of the business,^F83] certifying that the information contained in the application accords with the financial records kept by the supplier in connection with the business carried on by him.

PART II DETERMINATION OF SPECIAL PERCENTAGE

3. The percentage by which the approved price shall be reduced under regulation 17 is determined by—

(a) ascertaining x, where x is the supplier’s welfare milk supply during the reference period expressed as a percentage of his total retail milk supply during that reference period;

(b) determining the discount band specified in column 1 of the Table below by reference to the paragraph of column 2 into which x falls;

(c) for the band determined under sub-paragraph (b) and each of the preceding bands specified in column 1 of the said Table, multiplying the relevant part of x in column 3 by the corresponding figure in column 4; and

(d) dividing the sum of the figures calculated under sub-paragraph (c) by x.

4. In this Schedule “reference period” means—

(a) where regulation 17(3)(a) applies, the period of 52 consecutive weeks;

(b) where regulation 17(3)(b) applies, the period of 13 or more consecutive weeks during which the supplier has carried on a retail trade in milk.

Regulations 19(2) and 20(1)

SCHEDULE 5 CHILDREN IN DAY CARE—SUPPLIERS’ APPLICATIONS FOR APPROVAL AND CLAIMS FOR REIMBURSEMENT

Information and declaration or document to be provided by a supplier on an application for approval _I23

1.—(a) full name of applicant;

(b)category of day care provider specified in regulation 18(2);

(c)address where children are to be cared for;

(d)number of day care sessions each week and duration of a session;

(e)maximum number of children aged under five likely to be cared for at a session;

(f)the name and address of the person who is to receive reimbursement;

(g)in the case of an application by a registered child minder or registered day care provider, a copy of the certificate of registration issued by the local authority or, if the Secretary of State so requires, the original certificate;

(h)in the case of an application by an exempt school, a declaration that the applicant—

(i)is carrying on an exempt school and is providing day care as part of the exempt school’s activities; or

(ii)is employed to work at an exempt school and is authorised to provide day care as part of the exempt school’s activities;

(i)in the case of an application by an exempt establishment, a declaration that the applicant is—

(i)carrying on an exempt establishment and that the provision of day care is made as part of the establishment’s activities for the children of persons carrying on or employed to work at the establishment; or

(ii)employed to work at such an establishment and is authorised to make such provision of day care as part of the establishment’s activities.

Information to be provided by a supplier on a claim for reimbursement _I24

2.—(a) name of person claiming reimbursement;

(b)address where children are cared for;

(c)name and address of person who is to receive reimbursement;

(d)period of claim;

(e)number of sessions each week;

(f)the quantity, price and total cost, for the period of the claim, of milk supplied to children entitled under regulation 18(1);

(g)in the case of a claim from an exempt school whether the school is obtaining a school milk subsidy in respect of the cost of the milk for which reimbursement is claimed.

Regulation 22(1)

SCHEDULE 6 ENACTMENTS APPLIED FOR THE PURPOSES OF THESE REGULATIONS _I25

Regulation 24

SCHEDULE 7 REGULATIONS REVOKED _I26