Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 and shall come into force on the 1st January 2009.

(2) In these Regulations—

“SSCBA” means the Social Security Contributions and Benefits Act 1992;

“SSCB(NI)A” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“health professional” has the meaning given to it by regulation 3.

Conditions in relation to entitlement

2. In order for a woman to be entitled to health in pregnancy grant, she must, at the time of her claim,—

(a) be pregnant;

(b) have reached the 25th week of her pregnancy;

(c) have received advice from a health professional on matters relating to her maternal health; and

(d) have a due date on or after 6th April 2009.

Meaning of “health professional”

3. “Health professional” in section 140A(5) SSCBA and section 136A of SSCB(NI)A means a person who provides maternity care to the woman and who is either—

(a) a practicing midwife, who is registered with the Nursing and Midwifery Council; or

(b) an obstetrician or General Practitioner, who is registered with the General Medical Council.

Circumstances in which a woman is to be treated as not being in Great Britain or Northern Ireland - general

4. —(1) For the purposes of section 140A(3)(b) of SSCBA, a woman is to be treated as not being in Great Britain if —

(a) she is not ordinarily resident in the United Kingdom, or

(b) she does not have a right to reside in the United Kingdom.

(2) For the purposes of section 136A of SSCB(NI)A, a woman is to be treated as not being in Northern Ireland if—

(a) she is not ordinarily resident in the United Kingdom, or

(b) she does not have a right to reside in the United Kingdom.

(3) A woman who is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom shall be treated as being ordinarily resident in the United Kingdom.

Crown servants posted overseas

5. —(1) For the purposes of section 140A(3)(b) of SSCBA, a woman is to be treated as being in Great Britain if she is a Crown servant posted overseas.

(2) A Crown servant posted overseas is a person performing overseas (but not in Northern Ireland) the duties of any office or employment under the Crown who—

(a) immediately prior to her posting or her first of consecutive postings, was ordinarily resident in the United Kingdom; or

(b) immediately prior to her posting or her first of consecutive postings, was in the United Kingdom in connection with that posting.

Partners of Crown servants posted overseas

6. —(1) The partner of a Crown servant posted overseas will be treated as being in Great Britain if, at the time of her claim—

(a) she is in the country where the Crown servant is posted; and

(b) she is accompanying the Crown servant.

(2) In paragraph (1) “partner” has the meaning in the Health in Pregnancy Grant (Administration) Regulations 2008( 4 ).

Daughters of Crown servants posted overseas

7. A daughter of a Crown servant posted overseas will be treated as being in Great Britain if, at the time of her claim—

(a) she is in the country where the Crown servant is posted;

(b) she is accompanying the Crown servant; and

(c) child benefit is being paid in respect of her.

Amendments to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

8. —(1)The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000( 5 ) are amended as follows.

(2) In regulation 2 (Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999), in paragraph (2), after “social fund payment” insert “, health in pregnancy grant”.

(3) In the heading to Part II of the Schedule, after “Social Fund Payment” insert “, Health in Pregnancy Grant”.

Amendments to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000

9. —(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000( 6 ) are amended as follows.

(2) In regulation 2(1) (Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999), after “a social fund payment” insert “, health in pregnancy grant”.

(3) In the heading to Part II of the Schedule, after “a social fund payment” insert “, health in pregnancy grant”.

Amount of Health in Pregnancy Grant

10. The amount of health in pregnancy grant shall be £190.