# The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, Regulation 10: Failure to receive benefit ...

Extent: E+W+S

(1) If a beneficiary fails to receive benefit as a result of a failure to receive a voucher or credit, 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 or a credit to a voucher, and—
(a) the voucher is lost or stolen or accidentally destroyed; or
(b) it is not possible to use the voucher to purchase Healthy Start food within a reasonable distance of the beneficiary's home; or
(c) the beneficiary is a child under the age of one year and it is not possible to use the voucher to purchase Healthy Start food consisting of infant formula as described in Schedule 3 within a reasonable distance of the child's home,
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 made her claim to the Secretary of State or, in any other case, within eight weeks of the date the voucher or credit was due to be received;
(b) (i) in paragraph (2)(a), must do so within 16 weeks beginning with the date on which the voucher or credit was received;
(ii) in paragraph (2)(b) and (c), must do so within 8 weeks beginning with the date on which the voucher or credit was received.
(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 or credit because of some act or omission on the part of the Secretary of State or Her Majesty’s Revenue and Customs,
(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 it is not possible to use the voucher to purchase Healthy Start food, or Healthy Start food consisting of infant formula as described in Schedule 3, within a reasonable distance of the beneficiary's home,
she shall , subject to paragraph (5), either, as she considers appropriate, issue or cause to be issued to that beneficiary a voucher or credit or pay the beneficiary an amount equal to the value represented by the voucher or, as the case may be, credit.
(5) Where a voucher is issued or a payment made in a case falling within paragraph (4)(b) or (c), the amount of any credit spent prior to the notification being made may be deducted from the value represented by the voucher or payment.

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Source: https://www.legislation.gov.uk/uksi/2005/3262/regulation/10 (the official version)
Page: https://openlegislation.uk/healthy-start-scheme-and-welfare-food-amendment-regulations-2005/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.