Regulation 4 Additional milk or dried milk for children in day care

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 4 amended by Welfare Food 1990
reg.4(7)(b) substituted by Welfare Food 1993 reg.3
reg.4(2)(b) substituted by Welfare Food 1992 reg.2(2)
reg.4(2)(c) substituted by Welfare Food 1992 reg.2(3)
reg.4(2)(d) substituted by Welfare Food 1992 reg.2(4)
reg.4(3)(a) amended by Welfare Food 1992 reg.2(5)
reg.4(3)(b) rev in pt and amended by Welfare Food 1992 reg.2(6)
reg.4(1)-(4) replaced by Welfare Food 1994 reg.3

(1)

Each child who has not attained the age of 5 years and who is cared for by a person approved by the Secretary of State under paragraph (4) shall be entitled to receive, for each day on which he is so cared for, free of charge, in addition to any entitlement under regulation 3–

(a)

except where the child has not attained the age of 1 year, one third of a pint of milk;

(b)

where the child has not attained the age of 1 year, either one third of a pint of milk or dried milk made up to provide one third of a pint.

(2)

Any of the following may apply to the Secretary of State for approval to participate in the arrangments to provide milk under this regulation:–

(a)

a registered child minder;

(b)

a person who receives or proposes to receive children at a registered day nursery; or

(c)

a person who receives or proposes to receive children at a day nursery which is not required to be registered pursuant to the 1948 Act.

(3)

An application for approval under paragraph (2) shall be in writing, shall be sent to the Secretary of State, shall be accompanied by the information specified in paragraph 1 of Schedule 3, shall include a declaration that the information supplied is correct and complete and

(a)

in the case of an application pursuant to paragraph (2)(a) or (2)(b) shall also be accompanied by the certificate of registration issued under section 1 of the 1948 Act;

(b)

in the case of an application pursuant to paragraph (2)(c) shall also be accompanied by a statement by the local authority or local social services authority that the day care provided or to be provided is equivalent in purpose, quality and duration to that which is usually provided at a registered day nursery.

(4)

The Secretary of State shall give his approval in writing if satisfied that the applicant will make adequate arrangements for the provision of milk or dried milk for the purposes of this regulation, and may withdraw his approval if he ceases to be so satisfied.

(5)

A person approved under paragraph (4) who supplies milk or dried milk under this regulation shall subject to paragraphs (6) to (8) be reimbursed by the Secretary of State in accordance with paragraph (9).

(6)

Claims for reimbursement shall be made to the Secretary of State and shall, so far as reasonably practicable, be made at intervals of 3 months and in respect of supplies in the period of 3 months immediately preceding the claim.

(7)

Claims for reimbursement shall–

(a)

contain the information specified in paragraph 2(a) to (g) of Schedule 3 and a declaration that the information is correct and complete;

(b)

where the claim relates to milk be accompanied by an invoice or receipt from the supplier Schedule 4.

(8)

The Secretary of State shall not be obliged to reimburse a person in respect of supply of milk which occurred more than 2 years before the date of the claim.

(9)

The amount reimbursed to a person for milk or dried milk under this regulation shall be the cost to that person of purchasing it.