# The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, Regulation 3: Entitlement to benefit

Extent: E+W+S

(1) Subject to paragraph (3A), a person is entitled to benefit in accordance with these Regulations where—
(a) the person is a person described in paragraph (3) (“the pregnant woman, mother or child”); and
(b) at least one of the following is ordinarily resident in England or Wales—
(i) the pregnant woman, mother or child;
(ii) the member of the family of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e);
(iii) the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or
(iv) the person responsible for the pregnant woman, mother or child described in paragraph (3)(aa)(ii), (3)(ab)(iii), (3)(da)(ii), (3)(db)(iii) or (3)(f).
(2) The benefits to which a person described in paragraph (3) is entitled are—
(a) Healthy Start food to the value represented by a voucher or credit as provided in regulation 8; and
(b) Healthy Start vitamins for every four weeks of entitlement.
(3) For the purposes of paragraph (1)(a), a person so described is a person ... who is—
(a) a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and 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) child tax credit, where 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 £16,190, and the person is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); or
(iv) an income-related employment and support allowance;
(aa) 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 universal credit and satisfies the condition in paragraph (8); or
(ii) is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8);
(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) a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 1999 applies;
(c) a mother who—
(i) immediately before the birth of her child, was entitled to and in receipt of , or is a member of the family of a person who was entitled to and in receipt of, a social security benefit or tax credit mentioned in paragraph (3)(a); and
(ii) has parental responsibility for that child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of four months from the estimated date of delivery has not yet passed;
(d) a mother who—
(i) is not under the age of 16,
(ii) has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and
(iii) is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where 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 £16,190, and the person is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); ...
(da) 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 universal credit and satisfies the condition in paragraph (8); or
(ii) is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and satisfies the condition in paragraph (8);
(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;
(e) a child who—
(i) is under the age of four years; and
(ii) is a member of the family of a person who—
(aa) is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £16,190; and
(bb) either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); or
(f) a child who is under the age of 4 years—
(i) who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8); ...
(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
(iii) for whom a relevant child has parental responsibility.
(3A) A person is not entitled to benefit under these Regulations in respect of any week in respect of which the person is entitled to benefit in accordance with Part 5 of the Welfare Food (Best Start Foods) (Scotland) Regulations 2019.
(4) A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) , (d) , (da) or (db) is entitled to the Healthy Start food benefit in respect of each such child.
(5) If a mother would otherwise be entitled to benefit under paragraph (3)(c) , (d) , (da) or (db) but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to the Healthy Start food benefit to which the mother would otherwise be entitled instead of the mother.
(6) The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e) or (f).
(7) For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) , the definition of “relevant child” in paragraph (11) and paragraph 4(1)(a)(iii) of Schedule 2, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies.
(8) A person satisfies the condition in this paragraph if the person—
(a) is a single claimant of universal credit and has earned income of £408 or less; or,
(b) is one of joint claimants of universal credit and the joint claimants have combined earned income of £408 or less,
in the period specified in paragraph (9).
(9) The period is—
(a) the most recent complete assessment period; or
(b) the assessment period immediately preceding that assessment period.
(10) A person who is entitled to benefit by virtue of only paragraph (9)(b) does not cease to be so entitled until the expiry of 8 weeks beginning with the day after the last day of the most recent complete assessment period.
(11) In this regulation—
“assessment period” has the meaning given in regulation 21 of the Universal Credit Regulations 2013;
“couple” has the meaning given in regulation 1 of the State Pension Credit Regulations 2002;
“earned income” means a person’s earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations 2013;
“joint claimants” has the meaning given in section 40 of the Welfare Reform Act 2012;
“relevant child” means a child—
(a)who is the responsibility of, and member of the same household as, a person who—
(i)is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where 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 £16,190; and
(ii)either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); ...
(b)who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations 2013) of a person who is entitled to universal credit and satisfies the condition in paragraph (8) or;
(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;
“single claimant” has the meaning given in section 40 of the Welfare Reform Act 2012.

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Source: https://www.legislation.gov.uk/uksi/2005/3262/regulation/3 (the official version)
Page: https://openlegislation.uk/healthy-start-scheme-and-welfare-food-amendment-regulations-2005/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.