Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Welfare Food (Amendment) Regulations 2004.

(2) Regulations 1 and 2 shall come into force on 6th April 2004 and regulations 3, 4, 5, 6 and 7 on 1st October 2004.

(3) In these Regulations “the principal Regulations” means the Welfare Food Regulations 1996( 3 ).

Amendment of the principal Regulations

2. —(1) The principal Regulations are amended as follows—

(2) In regulations 3(2)(b)(iii), 4(1)(c), 5(2)(aa), (b)(iii), and (4)(a)(iv), 6(1)(iv) and 7(1A)(a), for the sum of “£13,230” wherever it appears, there is substituted “£13,480”.

(3) In regulation 7 (purchase of dried milk at a reduced price)—

(a) in paragraphs (1)(a) and (1A)(a), for “£14,200”, there is substituted “£14,600”;

(b) in paragraphs (1) and (1A), for “£4.15”, there is substituted “£4.25”.

(4) In Schedule 4, Part 1, paragraph 2 (special reimbursement), after “accountant” there is inserted “, or by a person who has direct knowledge of the financial records of the business,”.

Amendment of regulation 3 of the principal Regulations

3. —(1) Regulation 3 of the principal Regulations (entitlement to free milk) is amended as follows—

(2) In paragraph (1), for “paragraph (4)” there is substituted, “paragraphs (3A) and (4)”.

(3) In paragraph (2)(a), after sub-paragraph (iii) there is inserted—

“ (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 ( 4 ) is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit; ”

(4) After paragraph (3) the following is inserted—

“ (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. ” .

Amendment of regulation 5 of the principal Regulations

4. —(1) Regulation 5 of the principal Regulations is amended as follows.

(2) In paragraph (1), for “paragraph (4)” there is substituted, “paragraphs (3A) and (4)”.

(3) For paragraphs (2)(a), (aa) and (b) there is substituted—

“ (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;

(iii) a guarantee credit; or

(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 £13,480, 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;

(iii) a guarantee credit; or

(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 ( 5 ) is determined at the time of the award not to exceed £13,480, 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 £13,480, and the person is not entitled to working tax credit. ” .

(4) After paragraph (3) the following is inserted—

“ (3A) No expectant mother 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) 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. ” .

(5) At the beginning of paragraph (4) there is inserted, “Except in the case of an expectant mother specified in paragraph (2)(a)”.

(6) After paragraph (4) there is added—

“ (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. ” .

Schedule 2A

5. After Schedule 2 to the principal Regulations there is added the following Schedule—

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

“ SCHEDULE 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 ( 6 ) is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit. ” .

Revocations

6. The following Regulations are revoked—

• The Welfare Food (Amendment) Regulations 2002( 7 );

• The Welfare Food (Amendment) Regulations 2003( 8 ); and

• The Welfare Food (Amendment No. 2) Regulations 2003( 9 ).

Transitional Provisions

7. An expectant mother who on 30th September 2004, was entitled to and in receipt of milk, or, as the case may be, vitamins for personal consumption free of charge shall continue to have any entitlement determined in accordance with the provisions of the principal Regulations as if the amendments made by these Regulations had not been made until her entitlement as an expectant mother ceases.