The Welfare Food (Amendment No. 2) Regulations 2003

• Citation: S.I. 2003/1864
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Welfare Food (Amendment No. 2) Regulations 2003.

(2) These Regulations shall come into force for the purposes of regulations 3, 4, 5(2), (3) and (4) and 6 on 18th July and for all other purposes on 6th October 2003.

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

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2(1) of the principal Regulations (interpretation)—

(a) after the definition of “beneficiary” insert ““the Board” means the Commissioners of Inland Revenue ”;

(b) in the definition of “clinic”, delete “by a Health Authority,” each time it appears;

(c) after the definition of “family” insert ““guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ”; and

(d) delete the definition of “Health Authority”.

Section 3 Amendment of regulation 3 of the principal Regulations

For paragraph (2) of regulation 3 of the principal Regulations (entitlement to free milk) substitute—

(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

(iii) a guarantee credit; or

(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 £13,230, and the person is not entitled to working tax credit ; or

(c) a qualifying child.

Section 4 Amendment of regulation 4 of the principal Regulations

For subparagraph (c) of regulation 4(1) of the principal Regulations (child under the age of one year—entitlement to free dried milk or milk) substitute—

(c) 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 £13,230, and the person is not entitled to working tax credit,

Section 5 Amendment of regulation 5 of the principal Regulations

(1) For subparagraph (a) of regulation 5(2) of the principal Regulations (entitlement to free vitamins) substitute—

(a) a mother who is breast-feeding her child under the age of one year, or 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

(iii) a guarantee credit; or

(2) After regulation 5(2)(a) of the principal Regulations insert—

(aa) 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 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 £13,230, and the person is not entitled to working tax credit.

(3) For subparagraph (b) of regulation 5(2) of the principal Regulations substitute—

(b) 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; 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 £13,230, and the person is not entitled to working tax credit.

(4) For subparagraph (a) of regulation 5(4) of the principal Regulations substitute—

(a) documentary evidence of entitlement to—

(i) income support; or

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

(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 £13,230, and the person is not entitled to working tax credit; and

Section 6 Amendment of regulation 6 of the principal Regulations

(1) For regulation 6(1) of the principal Regulations (inability to obtain free vitamins) substitute—

(1) Any beneficiary who is unable to obtain vitamins under regulation 5 for a period (“the missing period”) as a result of a failure to receive from the Secretary of State or the Board evidence as to entitlement to—

(i) income support; or

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

(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 £13,230, and the person is not entitled to working tax credit,

may apply to the Department of Health in writing for a payment.

(2) In regulation 6(2) of the principal Regulations, after “the Secretary of State”, the second time it appears, insert “or the Board”.

Section 7 Amendment of regulation 8 of the principal Regulations

In regulation 8(2) of the principal Regulations (inability to purchase dried milk at a reduced price) after “the Secretary of State”, the second time it appears, insert “or the Board”.