The Healthy Start Scheme and Welfare Food (Amendment) (England and Wales) Regulations 2019

• Citation: S.I. 2019/909
• Sections: 5

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) (England and Wales) Regulations 2019 and come into force on 4th June 2019.

(2) These Regulations extend to England and Wales.

(3) In these regulations “the principal Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .

Section 2 Amendment of regulation 2 of the principal Regulations

(1) Regulation 2 of the principal Regulations (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “the 1977 Act” insert—

“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 ;

(b) after the definition of “relevant income” omit the definition of “the 1996 Regulations” and re-insert it after the definition of “pharmacist”;

(c) after the definition of “relevant income” insert—

“state pension credit” means state pension credit under the State Pension Credit Act 2002 ;

Section 3 Amendment of regulation 3 of the principal Regulations

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

(2) In paragraph (3)—

(a) after sub-paragraph (aa) insert—

(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;

(b) in sub-paragraph (c)(i)—

(i) before “before the” insert “immediately”;

(ii) after “receipt of” insert “, or is a member of the family of a person who was entitled to and in receipt of,”;

(c) after sub-paragraph (da) insert—

(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;

(d) in sub-paragraph (f)—

(i) at the end of paragraph (i) omit “or”;

(ii) paragraph (ii) is renumbered as paragraph (iii);

(iii) after paragraph (i), insert—

(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

(3) In paragraph (4), for “or (da)” substitute “, (da) or (db)”.

(4) In paragraph (5), for “or (da)” substitute “, (da) or (db)”.

(5) In paragraph (11)—

(a) after the definition of “assessment period” insert—

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

(b) in the definition of “relevant child”—

(i) at the end of sub-paragraph (a)(ii) omit “or”;

(ii) in sub-paragraph (b), before “is the responsibility” insert “who”;

(iii) at the end of sub-paragraph (b) insert “or”;

(iv) after sub-paragraph (b) insert—

(c) 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;

Section 4 Amendment of regulation 4 of the principal Regulations

(1) Regulation 4 of the principal Regulations (claim for benefit) is amended as follows.

(2) After paragraph (3A) insert—

(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 submitted a claim as a mother described in regulation 3(3)(db).

Section 5 Amendment of Schedule 2 to the principal Regulations

(1) Schedule 2 to the principal Regulations (application for benefit) is amended as follows.

(2) In paragraph 1—

(a) omit sub-paragraph (b);

(b) at the end of sub-paragraph (c) for “.” substitute “; and”;

(c) after sub-paragraph (c) insert—

(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), 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).

(3) In paragraph 4—

(a) after sub-paragraph (1A) insert—

(1AA) A claim in respect of a pregnant woman described in regulation 3(3)(ab)(i) must include a declaration signed 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 signed 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 signed 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 signed 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.

(b) After sub-paragraph (1B) insert—

(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 signed 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.

(c) After sub-paragraph (1C) insert—

(1CA) A claim in respect of a child described in regulation 3(3)(f)(ii) must include a declaration signed 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.

(d) In sub-paragraph (1D)—

(i) for “regulation 3(3)(f)(ii)” substitute “regulation 3(3)(f)(iii)”;

(ii) at the end of paragraph (a)(iii) omit “or”;

(iii) at the end of paragraph (b) for “.” substitute “; or”;

(iv) after paragraph (b) insert—

(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.

(e) In sub-paragraph (1F)—

(i) after “(1A)” insert “, (1AA), (1AB), (1AC), (1AD)”;

(ii) after “(1B)” insert “, (1BA)”;

(iii) after “(1C)” insert “, (1CA)”.