Regulation 10 Failure to receive benefit represented by the voucher

(1)

If a beneficiary fails to receive benefit as a result of a failure to receive a voucher, she may, in accordance with paragraph (3), so notify in writing the Secretary of State for the purposes of paragraph (4) of this regulation.

(2)

If a beneficiary who is entitled to benefit under regulations 3 and 4 receives a voucher in accordance with regulation 8, and

(a)

the voucher is lost or stolen or accidentally destroyed before it is exchanged for Healthy Start food; or

(b)

there is no food outlet within a reasonable distance of the beneficiary’s home; or

(c)

the beneficiary is a child under the age of one year and there is no food outlet within a reasonable distance of the child’s home at which a voucher can be exchanged for Healthy Start food consisting of infant formula as described in Schedule 3;

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

(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 submitted her claim to the Secretary of State or, in any other case, within four weeks of the date of expiry of her last voucher;

(b)

in paragraph (2) must do so before expiry of the period of validity of the voucher.

(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 because of some act or omission on the part of the Secretary of State or Her Majesty’s Revenue and Customs^f1,

(b)

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

(c)

on a notification pursuant to paragraph (2)(b) or (c), that there is no food outlet within a reasonable distance of the beneficiary’s home or no such food outlet at which a voucher can be exchanged for Healthy Start food consisting of infant formula as described in Schedule 3,

she shall either, as she considers appropriate, issue or cause to be issued to that beneficiary a voucher or pay the beneficiary an amount equal to the value represented by the voucher.

Annotations

Footnotes

f1: See section 4(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11).