The Welfare Food (Amendment) Regulations 2003

• Citation: S.I. 2003/702
• Sections: 13

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Welfare Food (Amendment) Regulations 2003 and shall come into force on 6th April 2003.

(2) 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 “registered day care provider” there is inserted ““relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ”; and

(b) the definition of “working families' tax credit” is deleted.

Section 3 Amendment of regulation 3 of the principal Regulations

In regulation 3(2)(b) of the principal Regulations (entitlement to free milk), after “allowance” there is inserted “or to child tax credit where the relevant income of the person or persons to whom the award of the 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”—

Section 4 Amendment of regulation 4 of the principal Regulations

In regulation 4 of the principal Regulations (child under the age of one year—entitlement to free dried milk or milk), for paragraph (1) there is substituted,

(1) Subject to paragraph (3) and to the provisions as to milk tokens in Parts III and IV , a child in Great Britain 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) child tax credit where the relevant income of the person or persons to whom the award of 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,

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

Section 5 Amendment of regulation 5 of the principal Regulations

In regulation 5(2)(b) and (4)(a) of the principal Regulations (entitlement to free vitamins), after “allowance” there is inserted “or to child tax credit where the relevant income of the person or persons to whom the award of 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”.

Section 6 Amendment of regulation 6 of the principal Regulations

(1) Regulation 6 of the principal Regulations (inability to obtain free vitamins) is amended as follows.

(2) In paragraph (1)—

(a) after “allowance” there is inserted “or to child tax credit where the relevant income of the person or persons to whom the award of 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

(b) for “an office of the Department of Social Security” there is substituted “the Department of Health”.

(3) In paragraph (2), after “the Secretary of State” there is inserted “or a person authorised by him” and for “his part” there is substituted “the part of the Secretary of State”.

Section 7 Amendment of regulation 7 of the principal Regulations

(1) Regulation 7 of the principal Regulations (purchase of dried milk at a reduced price) is amended as follows.

(2) For paragraph (1) there is substituted—

(1) A person who is entitled, or is a member of a family of a person who is entitled to working tax credit and child tax credit, shall if—

(a) the relevant income of the person or persons to whom the award of tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200, and

(b) that person is responsible for a child who—

(i) is not entitled to dried milk or milk under regulation 4,

(ii) is under the age of one year, and

(iii) is a member of the family of that person,

be entitled to purchase at any clinic, on behalf of that child, at a price of £4.15, 900 grammes of dried milk per week for consumption by that child.

(3) For paragraph (1A) there is substituted—

(1A) A person who is entitled to child tax credit (but is not entitled to working tax credit), shall if—

(a) the relevant income of the person 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 to be more than £13,230 but not more than £14,200, and

(b) that person is responsible for a child who—

(i) is not entitled to dried milk or milk under regulation 4,

(ii) is under the age of one year, and

(iii) is a member of the family of that person,

be entitled to purchase at any clinic, on behalf of that child, at a price of £4.15, 900 grammes of dried milk per week for consumption by that child.

(4) In paragraph (2)(a), “to working families' tax credit” is deleted.

(5) Paragraph (3) is deleted, and for paragraph (4) there is substituted—

(3) A person may purchase dried milk for a period of up to four weeks from the date of the claim provided that she satisfies the person responsible for the distribution of welfare food at the clinic—

(a) as to entitlement under this regulation for the weeks for which the dried milk is purchased, and

(b) if requested by the person to whom the claim is made, as to the age of the child on whose behalf the dried milk is purchased during the weeks for which it is purchased.

Section 8 Amendment of regulation 8 of the principal Regulations

(1) Regulation 8 of the principal Regulations (inability to purchase dried milk at a reduced price) is amended as follows.

(2) In paragraph (1)—

(a) for “child” there is substituted “person”;

(b) “to working families' tax credit,” is deleted; and

(c) for “an office of the Department of Social Security” there is substituted “the Department of Health”.

(3) In paragraph (2), after “the Secretary of State” there is inserted “or a person authorised by him” and for “his part” there is substituted “the part of the Secretary of State”.

Section 9 Amendment of regulation 12 of the principal Regulations

In regulation 12 of the principal Regulations (failure to receive milk tokens)—

(a) in paragraph (1), for “an office of the Department of Social Security” there is substituted “the Department of Health”;

(b) in paragraph (2), after “the Secretary of State” there is inserted “or a person authorised by him”, and after “paragraph (1)” there is inserted “or otherwise”.

Section 10 Amendment of regulation 13 of the principal Regulations

In regulation 13(4) of the principal Regulations (control of milk tokens), for “at an office of the Department of Social Security” there is substituted “to the Department of Health”, and after “the Secretary of State” there is inserted “or a person authorised by him”.

Section 11 Amendment of regulation 15 of the principal Regulations

In regulation 15 of the principal Regulations (inability to exchange milk tokens for milk)—

(a) in paragraph (1), for “an office of the Department of Social Security in the area in which she usually resides” there is substituted “the Department of Health”;

(b) in paragraph (2), after “the Secretary of State” there is inserted “or a person authorised by him”.

Section 12 Amendment of Schedule 1 to the principal Regulations

In Schedule 1 to the principal Regulations (dried milk specified for the purpose of the Regulations)—

(a) in Column 1, after “Farley’s Second Milk”, there is inserted “Hipp Organic”; and

(b) in Column 2, after “H J Heinz Company Ltd”, the second time it appears, there is inserted “Hipp UK Ltd”.

Section 13 Amendment of Schedule 6 to the principal Regulations

In Schedule 6 to the principal Regulations (enactments applied for the purposes of these Regulations), in the entry relating to Section 113 of the Social Security Administration Act 1992 in Column 2 there is substituted the following entry—

After paragraph (a) of sub-section (1A) there is added “(aa) section 13 of the Social Security Act 1988.”