PART I Preliminary

Citation and commencement_I1

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 _I2E1

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

[^F1 “the Act” means the Social Security Act 1988 ;

“the 1977 Act” means the National Health Service Act 1977 ^F1]

[^F2 “additional amount for a child or qualifying young person” means the additional amount of state pension credit applicable for claimants responsible for a child or a qualifying young person pursuant to regulation 6(6)(d) of, and Schedule 2A to, the State Pension Credit Regulations 2002 ; ^F2]

“beneficiary” means a person entitled to benefit pursuant to regulations 3 and 4;

“child” means a person under the age of 16;

^F3...

[^F4 “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); ^F4]

[^F5 “ estimated date of delivery ” means the date included in a claim for benefit pursuant to paragraph 1(e) of Schedule 2; ^F5]

“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);

^F6...

^F7...

^F8...

[^F9 “health service body” means a health service body prescribed in regulation 8A(1); ^F9]

[^F10 “Healthy Start food”—

“Healthy Start scheme” means the scheme established by these Regulations;

[^F12 “Healthy Start vitamins”—

[^F14 “ income-related employment and support allowance ” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) ; ^F14]

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

[^F15 “ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 ; ^F15]

[^F16 “ local authority ” has the same meaning as in section 2B of the National Health Service Act 2006 ; ^F16]

[^F17 “Local Health Board” has the same meaning as in section 16BA of the 1977 Act (Local Health Boards); ^F17]

^F18...

[^F17 “NHS trust” in relation to England and Wales has the same meaning as in the National Health Service and Community Care Act 1990 ; ^F17]

^F19 “parental responsibility” in England and Wales has the same meaning as in section 3(1) of the Children Act 1989 ( 5 )...;

^F20...

[^F21 “pharmacist” means—

[^F22 “the 1996 Regulations” means the Welfare Food Regulations 1996 ( 8 ) ; ^F22]

^F23...

“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ( 7 );

[^F24 “state pension credit” means state pension credit under the State Pension Credit Act 2002 ; ^F24]

[^F25 “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012 ; ^F25]

“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 [^F26regulations 3 to 10, but not regulation 8(4) or (5) or 9A(2)^F26] , shall include a reference to a person authorised by her for the purposes of the Regulations or that regulation.

Interpretation _I24E3

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

[^F176 “the Act” means the Social Security Act 1988 ;

“the 1977 Act” means the National Health Service Act 1977 ^F176]

“beneficiary” means a person entitled to benefit pursuant to regulations 3 and 4;

“child” means a person under the age of 16;

^F3...

“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;

[^F177 “Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (Health Boards) ; ^F177]

“health professional” means a registered medical practitioner, registered nurse or registered midwife, as the case may be( 4 );

[^F178 “health service body” means a health service body prescribed in regulation 8A(1); ^F178]

[^F179 “Healthy Start food”—

“Healthy Start scheme” means the scheme established by these Regulations;

[^F182 “Healthy Start vitamins”—

[^F183 “ income-related employment and support allowance ” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) ; ^F183]

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

[^F15 “ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 ; ^F15]

[^F184 “ local authority ” has the same meaning as in section 2B of the National Health Service Act 2006 ; ^F184]

[^F185 “Local Health Board” has the same meaning as in section 16BA of the 1977 Act (Local Health Boards); ^F185]

^F186...

[^F185 “NHS trust” in relation to England and Wales has the same meaning as in the National Health Service and Community Care Act 1990 ; ^F185]

“parental responsibility” in England and Wales has the same meaning as in section 3(1) of the Children Act 1989 ( 5 ), and in Scotland has the same meaning as in section 1(1) of the Children (Scotland) Act 1995 ( 6 );

“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;

[^F187 “pharmacist” means—

^F188...

“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ( 7 );

“the 1996 Regulations” means the Welfare Food Regulations 1996 ( 8 );

“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

[^F27Entitlement to benefit _I3

3.—(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—

(i)the pregnant woman, mother or child;

(ii)the member of the family of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e);

(iii)the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or

(iv)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).^F28]

[^F29 (2) The benefits to which a person described in paragraph (3) is entitled are—

(a)Healthy Start food to the value represented by a voucher [^F30 or credit^F30] as provided in [^F31 regulation 8^F31] ; and

[^F32 (b)Healthy Start vitamins for every four weeks of entitlement.^F32,F29]]

(3) For the purposes of [^F33 paragraph (1)(a)^F33] , a person so described is a person ^F34... who is—

(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 2002(9) is determined at the time of the award not to exceed [^F35 £16,190^F35] , and [^F36 the person is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)^F36] ; [^F37 or

(iv)an income-related employment and support allowance;^F37]

[^F38 (aa)a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who—

(i)is entitled to universal credit and satisfies the condition in paragraph (8); or

(ii)is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8);^F38]

[^F39 (ab)a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who—

(i)is entitled to state pension credit;

(ii)is a member of a couple where the other member of that couple is entitled to state pension credit; or

(iii)is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;^F39]

(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 1999(10) applies;

(c)a mother who—

(i)[^F40 immediately^F40] before the birth of her child, was entitled to and in receipt of [^F41 , or is a member of the family of a person who was entitled to and in receipt of,^F41] 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)a mother who—

(i)is not under the age of [^F42 16^F42] ,

(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 [^F43 £16,190^F43] , and [^F44 the person is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)^F44] ; ^F45...

[^F46 (da)a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who—

(i)is entitled to universal credit and satisfies the condition in paragraph (8); or

(ii)is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and satisfies the condition in paragraph (8);^F46]

[^F47 (db)a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who—

(i)is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

(ii)is a member of a couple where the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or

(iii)is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;^F47]

[^F48 (e)a child who—

(i)is under the age of four years; and

(ii)is a member of the family of a person who—

(aa)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 Credit Act 2002 is determined at the time of the award not to exceed [^F49 £16,190^F49] ; and

[^F50 (bb)either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7);^F50,F48]] [^F51 or^F51]

[^F52 (f)a child who is under the age of 4 years—

(i)who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8); ^F53...

[^F54 (ii)who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or^F54]

[^F55 (iii)^F55] for whom a relevant child has parental responsibility.^F52]

[^F56 (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.^F56]

(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) [^F57 , (d) [^F58 , (da) or (db)^F58,F57]] is entitled to [^F59 the Healthy Start food^F59] benefit in respect of each such child.

(5) If a mother would otherwise be entitled to benefit under paragraph (3)(c) [^F60 , (d) [^F61 , (da) or (db)^F61,F60]] 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 [^F62 the Healthy Start food benefit to which the mother would otherwise be entitled^F62] 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) [^F63 or (f)^F63] .

[^F64 (7) For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) [^F65 , the definition of “relevant child” in paragraph (11) ^F65] and paragraph 4(1)(a)(iii) of Schedule 2, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies. ^F64]

[^F66 (8) A person satisfies the condition in this paragraph if the person—

(a)is a single claimant of universal credit and has earned income of £408 or less; or,

(b)is one of joint claimants of universal credit and the joint claimants have combined earned income of £408 or less,

in the period specified in paragraph (9).

(9) The period is—

(a)the most recent complete assessment period; or

(b)the assessment period immediately preceding that assessment period.

(10) A person who is entitled to benefit by virtue of only paragraph (9)(b) does not cease to be so entitled until the expiry of 8 weeks beginning with the day after the last day of the most recent complete assessment period.

(11) In this regulation—

“assessment period” has the meaning given in regulation 21 of the Universal Credit Regulations 2013 ;

[^F67 “couple” has the meaning given in regulation 1 of the State Pension Credit Regulations 2002 ; ^F67]

“earned income” means a person’s earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations 2013 ;

“joint claimants” has the meaning given in section 40 of the Welfare Reform Act 2012 ;

“relevant child” means a child—

“single claimant” has the meaning given in section 40 of the Welfare Reform Act 2012 . ^F66,F27]]

Claim for benefit_I4

[^F72 4.—(1) Except as provided in paragraphs (2) to (4), no person described in regulation 3 may become entitled to benefit unless she first [^F73 makes a claim to the Secretary of State that includes the information and declaration specified in Schedule 2^F73] .

(2) Where a person who has parental responsibility for a child described at regulation 3(3)(e) [^F74 or (f)^F74] 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 [^F75 made^F75] a claim as a mother described in regulation 3(3)(d) in respect of that child.

[^F76 (3A) A mother described in regulation 3(3)(da) who has parental responsibility for a child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of 4 months from the estimated date of delivery has not yet passed may become entitled to benefit from the date of birth of the child.^F76]

[^F77 (3B) A mother who—

(a)immediately before the birth of her child was—

(i)entitled to state pension credit;

(ii)a member of a couple where the other member of that couple was entitled to state pension credit; or

(iii)the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person who was entitled to state pension credit which included the additional amount for a child or qualifying young person; and

(b)has parental responsibility for the child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of 4 months from the estimated date of delivery has not yet passed,

may become entitled to benefit from the date of birth of the child, provided that she has not [^F78 made^F78] a claim as a mother described in regulation 3(3)(db).^F77]

(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)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)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.^F72]

Healthy Start food and payments in lieu_I5

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.

[[^F79,F80 (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.^F80,F79]]

[^F81Healthy Start vitamins and payments in lieu

[^F82 5A.—(1) Healthy Start vitamins are [^F83 products containing vitamins, of a form and quantity, which the Secretary of State has determined are^F83] appropriate for the beneficiary who receives them.

(2) If the Secretary of State is satisfied that a person entitled to Healthy Start vitamins has not received them for a period as a result of an act or omission on the part of the Secretary of State or a health service body (“the missing period”) she shall pay the beneficiary an amount equal to the cost of purchasing the ^F84 ... Healthy Start vitamins for the missing period. ^F82,F81]]

Advice on health and nutrition_I6

[^F85 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 [^F86 or credit,^F86] or at some other time.^F85]

Cessation of entitlement to benefit_I7

[^F87 7.—(1) A person’s entitlement to benefit under these Regulations shall cease when she ceases to be entitled in accordance with [^F88 regulation 3, 4, 9(6) or 9A(4)^F88] .

(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 [^F89 , credit^F89] or payments instead of benefit.^F87]

[^F90Functions of the NHS Business Services Authority

[^F91 7A.—(1) The NHS Business Services Authority shall have the function of entering into and managing, on behalf of the Secretary of State, framework agreements, contracts and arrangements with persons who—

(a)manufacture Healthy Start vitamins;

(b)store Healthy Start vitamins; and

(c)make arrangements for, or in connection with, the distribution and supply of Healthy Start vitamins.

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

[^F92 (a)carrying out administrative functions relating to—

(i)the issue or making of payments in lieu of vouchers or credit for the purchase of Healthy Start food;

(ii)the supply of Healthy Start vitamins;^F92]

(b)requesting and receiving information referred to in [^F93 regulation 9A^F93] ;

[^F94 (c)administering the Healthy Start scheme.^F94]

(3) In this regulation, “NHS Business Services Authority” means the authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005. ^F91,F90]]

PART III Vouchers

[^F95Issue of voucher or credit

[^F96 8.—(1) For each week that a beneficiary is entitled to benefit under regulations 3 and 4 the Secretary of State must—

(a)issue or cause to be issued to that beneficiary a voucher; or

(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)the cost of purchasing Healthy Start food;

(b)any matters relating to the supply of Healthy Start food; and

(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)the revised voucher or credit value; and

(b)the date from which the revision is to apply.^F96,F95]]

[^F97Provision of Healthy Start vitamins

[^F98 8A.—(1) A health service body is—

[^F99 (a)in relation to England, [^F100 an integrated care board^F100] , a local authority or [^F101 NHS England^F101] , if it provides, or arranges for the provision of, maternity services or a child health clinic; [^F102 and^F102]

(aa)in relation to Wales, a NHS trust or Local Health Board that provides a maternity or child health clinic;^F99] ^F103 ...

^F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A health service body shall have the function of providing [^F104 , or (in the case of [^F100 an integrated care board^F100] or [^F101 NHS England^F101] ) arranging for the provision of,^F104] Healthy Start vitamins for beneficiaries.

(3) A health service body [^F105 (other than [^F100 an integrated care board^F100] or [^F101 NHS England^F101] )^F105] may make arrangements for a pharmacist or other person or body to supply Healthy Start vitamins for beneficiaries on its behalf.

[^F106 (3A) The arrangements made by [^F100 an integrated care board^F100] or [^F101 NHS England^F101] under paragraph (2) may be made with a pharmacist or other person or body.^F106]

(4) Where a health service body makes arrangements under paragraph (2) [^F107 or (3)^F107] it must inform beneficiaries where they may obtain Healthy Start vitamins.

(5) A beneficiary who is entitled to Healthy Start vitamins must produce ^F108... evidence of her entitlement to a person who supplies Healthy Start vitamins for beneficiaries.

(6) For the purposes of [^F109 paragraph (5)^F109] , ^F110... evidence of entitlement may consist of a letter from the Secretary of State that confirms the entitlement of the beneficiary to Healthy Start food and, if requested by the person who supplies the Healthy Start vitamins in respect of a beneficiary who is a child, ^F110... evidence of the child’s age.

(7) The Secretary of State shall pay a health service body [^F111 (other than [^F100 an integrated care board^F100] or [^F101 NHS England^F101] )^F111] an amount equal to the cost of the Healthy Start vitamins that the health service body has provided (or secured the provision of) to a beneficiary.^F98]

[^F112 (8) In the case of [^F100 an integrated care board^F100] —

(a)the Secretary of State may pay the [^F100 integrated care board^F100] an amount equal to the cost of the Healthy Start vitamins that the [^F113 integrated care board^F113] has secured the provision of to a beneficiary, or

(b)that cost may be met from the sums paid to the [^F114 integrated care board^F114] under section 223G of the National Health Service Act 2006.

(9) In the case of [^F101 NHS England^F101] —

(a)the Secretary of State may pay [^F101 NHS England^F101] an amount equal to the cost of the Healthy Start vitamins that [^F101 NHS England^F101] has secured the provision of to a beneficiary, or

(b)that cost may be met from the sums paid to [^F101 NHS England^F101] under section 223B of the National Health Service Act 2006.^F112,F97]]

Use of voucher _I8E2

9.—(1) A beneficiary may [^F115only use a voucher to purchase^F115] Healthy Start food.

(2) Subject to paragraph (3), a voucher issued to a beneficiary may be used only by the beneficiary for whom it was issued.

(3) A voucher issued to a beneficiary who is a child who is breast-fed by her mother may be [^F116used to purchase^F116] Healthy Start food for consumption by the mother.

(4) No person shall buy or sell or otherwise use—

(a)^F117a voucher; ...

(b)Healthy Start food[^F118 purchased with^F118] a voucher;

[^F119 (c)Healthy Start vitamins supplied under these Regulations to a beneficiary;^F119]

except in accordance with these Regulations.

[^F120 (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.^F120]

Use of voucher _I25E4

9.—(1) A beneficiary may within the period of its validity exchange a voucher for Healthy Start food.

(2) Subject to paragraph (3), a voucher issued to a beneficiary may be used only by the beneficiary for whom it was issued.

(3) A voucher issued to a beneficiary who is a child who is breast-fed by her mother may be exchanged for Healthy Start food for consumption by the mother.

(4) No person shall buy or sell or otherwise use—

(a)^F189a voucher; ...

(b)Healthy Start food supplied in exchange for a voucher;

^F190(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

except in accordance with these Regulations.

[^F121Requirement 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 may suspend the issue of vouchers or credit to the person until—

(a)the information or evidence required is provided;

(b)the Secretary of State is satisfied of the person's entitlement to benefit pursuant to these Regulations or the person's compliance with the requirements of the Healthy Start scheme; or

(c)the person ceases to be entitled to benefit under these Regulations (whether in accordance with paragraph (4) or another provision, as to which see regulation 7).

(4) Where the issue of vouchers or credit has been suspended under paragraph (3) for a period of 16 consecutive weeks, the person ceases to be entitled to benefit under these Regulations.^F121]

^F122Failure to receive benefit ..._I9

[^F123 10.—(1) If a beneficiary fails to receive benefit as a result of a failure to receive a voucher [^F124 or credit^F124] , she may, in accordance with paragraph (3), so notify in writing the Secretary of State for the purposes of paragraph (4) of this regulation.

[^F125 (2) If a beneficiary who is entitled to benefit under regulations 3 and 4 receives a voucher or a credit to a voucher, and—

(a)the voucher is lost or stolen or accidentally destroyed; or

(b)it is not possible to use the voucher to purchase Healthy Start food within a reasonable distance of the beneficiary's home; or

(c)the beneficiary is a child under the age of one year and it is not possible to use the voucher to purchase Healthy Start food consisting of infant formula as described in Schedule 3 within a reasonable distance of the child's home,

the beneficiary may, in accordance with paragraph (3), so notify in writing the Secretary of State for the purposes of this regulation.^F125]

(3) A beneficiary who so notifies in the circumstances described—

(a)in paragraph (1) must, in the case of the first voucher pursuant to a claim, do so within twelve weeks of the date she [^F126 made^F126] her claim to the Secretary of State or, in any other case, [^F127 within eight weeks of the date the voucher or credit was due to be received^F127] ;

[^F128 (b)(i)in paragraph (2)(a), must do so within 16 weeks beginning with the date on which the voucher or credit was received;

(ii)in paragraph (2)(b) and (c), must do so within 8 weeks beginning with the date on which the voucher or credit was received.^F128]

(4) If the Secretary of State is satisfied—

(a)on a notification pursuant to paragraph (1) or otherwise, that a beneficiary did not receive a voucher [^F129 or credit^F129] because of some act or omission on the part of the Secretary of State or Her Majesty’s Revenue and Customs(11),

(b)on a notification pursuant to paragraph (2)(a), that the voucher has been lost or stolen or accidentally destroyed, or

[^F130 (c)on a notification pursuant to paragraph (2)(b) or (c), that it is not possible to use the voucher to purchase Healthy Start food, or Healthy Start food consisting of infant formula as described in Schedule 3, within a reasonable distance of the beneficiary's home,^F130]

she shall [^F131 , subject to paragraph (5),^F131] either, as she considers appropriate, issue or cause to be issued to that beneficiary a voucher [^F132 or credit^F132] or pay the beneficiary an amount equal to the value represented by the voucher [^F132 or, as the case may be, credit^F132] .

[^F133 (5) Where a voucher is issued or a payment made in a case falling within paragraph (4)(b) or (c), the amount of any credit spent prior to the notification being made may be deducted from the value represented by the voucher or payment.^F133,F123]]

Property in voucher_I10

11.—(1) Every voucher is and shall remain the property of the Secretary of State.

(2) Any person in possession of a voucher shall, if so requested by the Secretary of State, produce or deliver it to the Secretary of State within such time and to such place as the Secretary of State may direct in writing.

Part IV [^F134Food outlets

Application for registration of food outlet _I11

12.—(1) A person carrying on a business of the supply of food who wishes to supply Healthy Start food in exchange for a voucher and to receive payment from the Secretary of State for such supply shall apply in writing to the Secretary of State to be registered as a food outlet.

(2) A person who applies under paragraph (1) shall provide the information, supported by the declaration specified in Schedule 4.

[^F135 (2A) The information provided by a person who applies under paragraph (1) may be disclosed to and used by persons carrying out functions on behalf of the Secretary of State for the purposes of enforcement of these Regulations.^F135]

(3) The Secretary of State shall register an applicant as a food outlet if she is satisfied that the information and declaration provided by the applicant are accurate and complete.

(4) A food outlet shall notify the Secretary of State of any material change that may affect the information provided pursuant to this regulation or his ability to supply Healthy Start food.

(5) A person shall cease to be a food outlet if the Secretary of State determines that the person—

(a)has failed to provide any information or evidence required under these Regulations;

(b)is in persistent breach of his duties under the Healthy Start scheme; or

(c)has not submitted a claim for payment pursuant to regulation 14 for a period of one year.

(6) The Secretary of State may determine that a person who has been convicted of an offence punishable by at least six months' imprisonment shall cease to be a food outlet.

Duties of food outlet _I12

13.—(1) A food outlet who accepts a voucher from a beneficiary shall supply the beneficiary with Healthy Start food to the value indicated on the face of the voucher and in accordance with these Regulations.

(2) Where a food outlet supplies Healthy Start food pursuant to paragraph (1) and the value of the Healthy Start food supplied is less than the value indicated on the face of the voucher, the food outlet shall not provide the beneficiary with anything to recompense the beneficiary for the outstanding value.

(3) If a food outlet accepts a voucher and fails on that occasion to supply Healthy Start food to a beneficiary, the food outlet shall, within the period of validity of the voucher or as soon as practicable after that period—

(a)supply the beneficiary with the Healthy Start food; or

(b)credit the beneficiary with an amount equal to the value indicated on the face of the voucher towards the next purchase by the beneficiary of food of a description similar to that of Healthy Start food.

Payment of food outlet _I13

14.—(1) A food outlet who wishes to receive payment shall submit to the Secretary of State a claim in writing that includes the information set out in Schedule 5 together with the vouchers to which the claim relates.

(2) If the Secretary of State is satisfied that the information provided by the food outlet pursuant to paragraph (1) is accurate and complete, she shall pay the food outlet an amount equal to the value indicated on the face of each voucher submitted.

(3) The Secretary of State may pay a food outlet in respect of a greater or lesser number of vouchers than are indicated as included with a claim made pursuant to paragraph (1) where it is clear on the face of the documents that an error has been made.

(4) The Secretary of State shall not be obliged to make a payment in respect of a voucher included with a claim pursuant to paragraph (1) if the claim is received by the Secretary of State more than six months after the period of validity on the face of the voucher.

(5) If the Secretary of State is satisfied that—

(a)a food outlet submitted a claim in writing together with a voucher pursuant to paragraph (1); and

(b)the food outlet received the voucher in exchange for Healthy Start food provided to a beneficiary in accordance with these Regulations,

the Secretary of State may pay the food outlet an amount equal to the value indicated on the face of the voucher, notwithstanding that the claim has not been received.

Requirement to furnish information _I14

15.—(1) The Secretary of State may require a food outlet to furnish her with 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 furnish information or evidence shall produce to that person evidence of his authority from the Secretary of State, if requested.

(3) Any document produced pursuant to paragraph (1)—

(a)shall be provided in a legible form;

(b)may be copied or extracts may be taken from it, and

(c)shall be explained by the person producing it, 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, if so requested by the Secretary of State.

(4) A person who has failed to produce information or evidence required pursuant to paragraph (1) shall state, to the best of his knowledge and belief, where it is held.^F134]

Part V Final provisions

Amendment of the 1996 Regulations - Healthy Start scheme_I15

16. The 1996 Regulations are amended as follows:—

(a)In regulation 3 (entitlement to free milk) in paragraph (1), after “paragraph (2)” there is inserted “other than a person who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”;

(b)in regulation 4(1) (child under the age of one year – entitlement to free dried milk or milk), after “Great Britain”, there is inserted “other than a child who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”;

(c)in regulation 5 (entitlement to free vitamins)—

(i)in paragraph (3A), after “expectant mother” there is inserted, “, 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,”; and

(ii)in paragraph (3B), at the beginning, there is inserted, “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,”;

(d)in regulation 22 (application of enactments)—

(i)in paragraph (1), for “purpose”, there is substituted “purposes”, for “scheme” there is substituted “schemes”, and after “Regulations”, there is inserted “and the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005”;

(ii)in paragraph (2), after “regulation 14(4),” there is inserted—

“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);

• regulation 13(1);

• regulation 13(3),”;

(e)in Schedule 6 to the 1996 Regulations (enactments applied for the purposes of these Regulations)—

(i)for the modifications in relation to section 111 of the Social Security Administration Act 1992 substitute “Omit subsection (1)(a) and (ab), in subsection (1)(b), for the words “under this Act” substitute the words “in accordance with the Welfare Food Regulations 1996 or the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005”, in subsection (2), for the words “subsection (1)(ab) or (b)” substitute the words “this section” and omit subsection (3)”;

(ii)for the modifications in relation to section 112 of the Social Security Administration Act substitute “In subsection (1), for the words “benefit or other payment under the relevant social security legislation”, substitute the words “welfare food, Healthy Start food or payment under a scheme made for the purposes of section 13 of the Social Security Act 1988”, for the words “that legislation” substitute the words “such a scheme” and omit subsections (1A) to (1F)”.

Transitional provision_I16

[^F136 17. Any person described in regulation 3(3) who, at the date of coming into force of these Regulations, is entitled to and in receipt of milk in accordance with regulation 3(2)(a) or (b) (entitlement to free milk) or 4 (child under the age of one year – entitlement to free dried milk or milk) of the 1996 Regulations, shall be treated as a person entitled to Healthy Start food for the purposes of these Regulations.^F136]

Other amendments and revocations_I17

[^F137 18.—(1) In regulation 2(1) (interpretation) of the 1996 Regulations—

(a)in the definition of “vitamins”, for “A, C and D”, there is substituted “appropriate for the beneficiary who receives them”; and

(b)the definition of “guarantee credit” is deleted.

(2) In regulation 3(2)((b)(iii), at the end, “or” is deleted.

(3) In regulation 9(1), “and any dried milk obtained by a person under regulation 7” is deleted.

(4) In regulation 18(1), “and 7” is deleted.

(5) Regulations 3(2)(a)(iii), (c), (3) and (4) (entitlement to free milk), 5(2)(a)(iii) and (b)(iii), and (4)(a)(iii), (entitlement to free vitamins), 6(1)(iii), (inability to obtain free vitamins), 7 (purchase of dried milk at a reduced price), and 8 (inability to purchase dried milk at a reduced price) of, and Schedule 2 to, the 1996 Regulations are revoked.^F137]

Regulation 3(3)

^F138SCHEDULE 1 Area of the Healthy Start scheme

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

Regulation 4(1)

[^F139SCHEDULE 2 Application for benefit

Information needed for application for benefit _I18

1. A claim for benefit in respect of a pregnant woman, mother or child pursuant to regulation 3 shall contain the following information—

(a)the name and address of the pregnant woman, mother or child;

^F140(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the national insurance number of the pregnant woman or mother, or, if the person in respect of whom the claim is made is aged under 18, that person’s date of birth [^F141 ;^F141] ^F142 ...

[^F143 (d)where the pregnant woman or mother is not entitled to a social security benefit or tax credit mentioned in regulation 3, the name, address, and national insurance number of—

(i)the member of the family of the pregnant woman, mother or child described in regulation 3(3)(a), [^F144 3(3)(c),^F144] 3(3)(d) or 3(3)(e);

(ii)the other member of the couple described in regulation 3(3)(ab)(ii) or 3(3)(db)(ii); or

(iii)the person responsible for the pregnant woman, mother or child described in regulation 3(3)(aa)(ii), 3(3)(ab)(iii), 3(3)(da)(ii), 3(3)(db)(iii) or 3(3)(f); [^F145 and^F145,F143]]

[^F146 (e)the estimated date of delivery of the pregnant woman.^F146]

Evidence in writing needed for application for benefit

^F1472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declaration needed for application for benefit _I19

4.—(1) A claim in respect of a [^F149 pregnant woman described in regulation 3(3)(a), mother described in regulation 3(3)(b), (c) or (d) or child described in regulation 3(3)(e)^F149] shall include a declaration ^F150... by the claimant that:—

(a)the person in respect of whom the claim is made or a member of that person’s family is entitled to—

(i)income support;

(ii)an income based jobseeker’s allowance; ^F151...

[^F152 (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 Credit Act 2002 is determined at the time of the award not to exceed [^F153 £16,190^F153] , and the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of regulation 3(7); or^F152]

[^F154 (iv)an income-related employment and support allowance; and^F154]

(b)the claimant understands the rules of the Healthy Start scheme and will abide by her obligations under the scheme.

[^F155 (1A) A claim in respect of a pregnant woman described in regulation 3(3)(aa)(i) or a mother described in regulation 3(3)(da)(i) must include a declaration ^F150... by the claimant that—

(a)the pregnant woman or mother, as the case may be, is entitled to universal credit; and

(b)the pregnant woman or mother, as the case may be, satisfies the condition in regulation 3(8).

[^F156 (1AA) A claim in respect of a pregnant woman described in regulation 3(3)(ab)(i) must include a declaration ^F150... by the claimant that the pregnant woman is entitled to state pension credit.

(1AB) A claim in respect of a pregnant woman who is a member of a couple described in regulation 3(3)(ab)(ii) must include a declaration ^F150... by the claimant that the other member of that couple is entitled to state pension credit.

(1AC) A claim in respect of a mother described in regulation 3(3)(db)(i) must include a declaration ^F150... by the claimant that the mother is entitled to state pension credit which includes the additional amount for a child or qualifying young person.

(1AD) A claim in respect of a mother who is a member of a couple described in regulation 3(3)(db)(ii) must include a declaration ^F150... by the claimant that the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person.^F156]

(1B) A claim in respect of a pregnant woman described in regulation 3(3)(aa)(ii) or a mother described in regulation 3(3)(da)(ii) must include a declaration ^F150... by the claimant that—

(a)the pregnant woman or mother, as the case may be, is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person entitled to universal credit; and

(b)the person entitled to universal credit mentioned in paragraph (a) satisfies the condition in regulation 3(8).

[^F157 (1BA) A claim in respect of a pregnant woman described in regulation 3(3)(ab)(iii), or a mother described in regulation 3(3)(db)(iii), must include a declaration ^F150... by the claimant that the pregnant woman, or mother, as the case may be, is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.^F157]

(1C) A claim in respect of a child described in regulation 3(3)(f)(i) must include a declaration ^F150... by the claimant that—

(a)the child is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person entitled to universal credit; and

(b)the person entitled to universal credit mentioned in paragraph (a) satisfies the condition in regulation 3(8).

[^F158 (1CA) A claim in respect of a child described in regulation 3(3)(f)(ii) must include a declaration ^F150... by the claimant that the child is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.^F158]

(1D) A claim in respect of a child under the age of 4 years in respect of whom a relevant child has parental responsibility (within the meaning of [^F159 regulation 3(3)(f)(iii)^F159] ) must include a declaration ^F150... by the claimant that the relevant child in relation to the child—

(a)is the responsibility of, and member of the same household as, a person who is entitled to—

(i)income support;

(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 Credit Act 2002 is determined at the time of the award not to exceed £16,190, and the person is not entitled to working tax credit or is treated as not being so entitled by virtue of regulation 3(7); ^F160...

(b)is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person entitled to universal credit [^F161 ; or^F161]

[^F162 (c)is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations 2002) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.^F162]

(1E) Where the claimant provides a ^F150... declaration under sub-paragraph (1D)(b), the claimant must also provide a ^F150... declaration that the person entitled to universal credit mentioned in that paragraph satisfies the condition in regulation 3(8).

(1F) Where the claimant provides a ^F150... declaration under sub-paragraph (1A) [^F163 , (1AA), (1AB), (1AC), (1AD)^F163] , (1B) [^F164 , (1BA)^F164] , (1C) [^F165 , (1CA)^F165] or (1D), the claimant must also provide a ^F150... declaration that the claimant understands the rules of the Healthy Start scheme and will abide by the claimant’s obligations under that scheme.^F155]

(2) If a claim is made by a pregnant woman under the age of 18, the [^F166 declarations described in sub-paragraphs (1) to (1D) are^F166] not necessary.

[^F167 (3) A declaration provided under this paragraph must be in the format that the Secretary of State requires.^F167]

Countersignature of a health professional

^F1685. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F139]

Regulation 5(1)

SCHEDULE 3 Healthy Start food _I20

Regulation 12(2)

[^F174SCHEDULE 4 Application for registration as a food outlet

Information needed for application for registration as a food outlet _I21

6. An application for registration as a food outlet shall contain the following information—

(a)the name and address of the proposed food outlet;

(b)the address from which the proposed food outlet will supply the Healthy Start food, or, if this is not appropriate, the correspondence address in relation to that supply;

(c)the name, address, sort code, and account number of the bank of the proposed food outlet and any other details necessary for payment to be made to the bank account of the proposed food outlet;

(d)the category of Healthy Start food that the proposed food outlet is willing to supply.

Declaration needed for application for registration as a food outlet _I22

7. An application for registration as a food outlet shall include a declaration signed by the proposed food outlet that he understands the rules of the Healthy Start scheme and that he will abide by his obligations under the scheme.^F174]

Regulation 14(1)

[^F175SCHEDULE 5 Information for claim for payment of food outlet _I23

The information to be provided by a food outlet on a claim for payment in relation to vouchers is—

(a)the name and address of the food outlet;

(b)the address at which the food outlet exchanged Healthy Start food for the vouchers to which the claim relates; and

(c)the number of vouchers included with the claim.^F175]