# The Welfare Food (Amendment) (England and Wales) Regulations 2026, Regulation 5: Amendment of regulation 18


(1) In the heading of regulation 18, for “in day care” substitute “provided with childcare”.
(2) For regulation 18, substitute—
“(1) A child who is under the age of five years on each day that the child is provided with childcare for two hours or more, by any childcare provider who is approved as a supplier in accordance with regulation 19, is entitled, free of charge—
(a) if that child has attained the age of one year, to 189 millilitres of milk or, where milk is supplied in containers of 200 millilitres only, to 200 millilitres of milk; or
(b) if that child has not attained the age of one year, dried milk made up to provide 189 millilitres.
(2) For the purposes of paragraph (1) a childcare provider is—
(a) in relation to England, an early years provider to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies; or
(b) in relation to Wales—
(i) a person registered as a child minder or provider of day care under Part 2 of the Children and Families (Wales) Measure 2010; or
(ii) a person who provides care to a child at a school which is not day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 by virtue of article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010.”.

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Source: https://www.legislation.gov.uk/uksi/2026/1092/regulation/5 (the official version)
Page: https://openlegislation.uk/welfare-food-amendment-england-and-wales-regulations-2026/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.