{
  "url": "https://openlegislation.uk/healthy-start-scheme-and-welfare-food-amendment-regulations-2005/regulation-4",
  "json_url": "https://openlegislation.uk/healthy-start-scheme-and-welfare-food-amendment-regulations-2005/regulation-4.json",
  "legislation": "uksi/2005/3262",
  "legislation_title": "The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/healthy-start-scheme-and-welfare-food-amendment-regulations-2005",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Claim for benefit",
  "text": "(1) Except as provided in paragraphs (2) to (4), no person described in regulation 3 may become entitled to benefit unless she first makes a claim to the Secretary of State that includes the information and declaration specified in Schedule 2.\n(2) Where a person who has parental responsibility for a child described at regulation 3(3)(e) or (f) who is under the age of four months notifies by telephone the Secretary of State of the date of birth of the child, the child may become entitled to benefit from the date of her birth.\n(3) A mother described in regulation 3(3)(c) may become entitled to benefit from the date of birth of her child provided that she has not made a claim as a mother described in regulation 3(3)(d) in respect of that child.\n(3A) A mother described in regulation 3(3)(da) who has parental responsibility for a 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.\n(3B) A mother who—\n(a) immediately before the birth of her child was—\n(i) entitled to state pension credit;\n(ii) a member of a couple where the other member of that couple was entitled to state pension credit; or\n(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\n(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,\nmay become entitled to benefit from the date of birth of the child, provided that she has not made a claim as a mother described in regulation 3(3)(db).\n(4) A person described in regulation 3 who ceased to be entitled less than three months previously may have her entitlement renewed if she is able to demonstrate to the reasonable satisfaction of the Secretary of State that the circumstances that resulted in her ceasing to be so entitled have reverted to those that prevailed when she was so entitled.\n(5) Subject to paragraph (1) a person described:—\n(a) in regulation 3(3)(d) who is entitled to child tax credit will be entitled to benefit from the date on which she became so entitled in respect of the child described at regulation 3(3)(d)(ii),\n(b) in regulation 3(3)(d) or (e) or (5) who is a member of the family of a person who is entitled to child tax credit will be entitled to benefit from the date on which she became a person so described.\n(6) Subject to the provisions of this regulation, a person’s entitlement under this regulation and regulation 3 shall begin from the date on which her claim complying with the requirements of paragraph (1) is received by the Secretary of State.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 4 revoked (S.) (31.3.2020) by The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (S.S.I. 2019/193), reg. 1(3), sch. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 4(1) substituted (E.W.) (6.4.2020) by The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/267), regs. 1(2), 5(1) (with reg. 31)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 4(2) inserted (1.11.2016) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2016 (S.I. 2016/985), regs. 1(1), 3(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 4(3) substituted (E.W.) (6.4.2020) by The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/267), regs. 1(2), 5(2) (with reg. 31)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 4(3A) inserted (1.11.2016) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2016 (S.I. 2016/985), regs. 1(1), 3(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 4(3B) inserted (E.W.) (4.6.2019) by The Healthy Start Scheme and Welfare Food (Amendment) (England and Wales) Regulations 2019 (S.I. 2019/909), regs. 1(1), 4(2)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in reg. 4(3B) substituted (E.W.) (6.4.2020) by The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/267), regs. 1(2), 5(2) (with reg. 31)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 4 in force at 28.11.2005, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3262/regulation/4",
    "retrieved_at": "2026-10-29T04:44:51.379830+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}