OpenLegislation

Regulation 5 Entitlement to free vitaminsF1I1

England, Wales and Scotland

(1)

Subject to F2paragraphs (3A) and (4), any person specified in paragraph (2) is entitled to receive vitamins for personal consumption, in accordance with these Regulations, free of charge.

(2)

For the purposes of paragraph (1), the person specified is any of the following in Great Britain—

(F3a)

an expectant mother who is, or is a member of the family of a person who is, entitled to—

(i)

income support;

(ii)

an income based jobseeker’s allowance;

F4(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)

child tax credit, provided that 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 F5£14,155, and the person is not entitled to working tax credit;

(b)

a mother who is breast-feeding her child under the age of one year who is, or is a member of the family of a person who is entitled to—

(i)

income support;

(ii)

an income based jobseeker’s allowance;

F6(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)

child tax credit, provided that 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 F7£14,155, and the person is not entitled to working tax credit;

(c)

a child who is under the age of five years and who is a member of the family of a person who is entitled to—

(i)

income support;

(ii)

an income based jobseeker’s allowance; or

(iii)

child tax credit, provided that 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 F8£14,155, and the person is not entitled to working tax credit.

(3)

Entitlement to vitamins under paragraph (1) is as follows—

(a)

in the case of a mother who is breast-feeding her child 90 tablets or 20 millilitres of drops for every 13 weeks of entitlement;

(b)

in the case of an expectant mother or a child under the age of five years, 20 millilitres of drops for every 13 weeks of entitlement.

(F93A)

No expectant mother F10, other than a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, shall be entitled to vitamins unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 2A.

(3B)

F11Other than in the case of a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, an expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (3A) is received by the Secretary of State.

(4)

F12Except in the case of an expectant mother specified in paragraph (2)(a) no person shall be entitled to vitamins under this regulation unless a claim is made to a person responsible for the distribution of welfare food at a clinic and the claim is supported by—

(F13a)

documentary evidence of entitlement to—

(i)

income support; or

(ii)

an income based jobseeker’s allowance; or

F14(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)

child tax credit, provided that 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 F15£14,155, and the person is not entitled to working tax credit; and

(b)

if requested by the person to whom the claim is made, documentary evidence of the child’s age or documentary evidence that the beneficiary is an expectant mother.

(F165)

An expectant mother who is entitled to receive vitamins in accordance with these Regulations shall produce documentary evidence of her entitlement to a person responsible for the distribution of welfare food at a clinic.

Annotations

Textual amendments

F1

Reg. 5 revoked (with exceptions) (27.11.2006) by The Healthy Start Scheme and Welfare Food (Amendment No. 2) Regulations 2006 (S.I. 2006/2818), regs. 1, 11(6)(7)(d) (with reg. 12)

F2

Words in reg. 5(1) substituted (1.10.2004) by The Welfare Food (Amendment) Regulations 2004 (S.I. 2004/723), regs. 1(2), 4(2) (with reg. 7)

F3

Reg. 5(2)(a)-(c) substituted for reg. 5(2)(a)-(b) (1.10.2004) by The Welfare Food (Amendment) Regulations 2004 (S.I. 2004/723), regs. 1(2), 4(3) (with reg. 7)

F4

Reg. 5(2)(a)(iii) revoked (28.11.2005) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262), regs. 1, 18(5)

F5

Sum in reg. 5(2)(a)(iv) substituted (6.4.2006) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2006 (S.I. 2006/589), regs. 1(2), 2(1)(c)

F6

Reg. 5(2)(b)(iii) revoked (28.11.2005) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262), regs. 1, 18(5)

F7

Sum in reg. 5(2)(b)(iv) substituted (6.4.2006) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2006 (S.I. 2006/589), regs. 1(2), 2(1)(c)

F8

Sum in reg. 5(2)(c)(iii) substituted (6.4.2006) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2006 (S.I. 2006/589), regs. 1(2), 2(1)(c)

F9

Reg. 5(3A)(3B) inserted (1.10.2004) by The Welfare Food (Amendment) Regulations 2004 (S.I. 2004/723), regs. 1(2), 4(4) (with reg. 7)

F10

Words in reg. 5(3A) inserted (28.11.2005) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262), regs. 1, 16(c)(i)

F11

Words in reg. 5(3B) inserted (28.11.2005) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262), regs. 1, 16(c)(ii)

F12

Words in reg. 5(4) inserted (1.10.2004) by The Welfare Food (Amendment) Regulations 2004 (S.I. 2004/723), regs. 1(2), 4(5) (with reg. 7)

F13

Reg. 5(4)(a) substituted (18.7.2003) by The Welfare Food (Amendment No. 2) Regulations 2003 (S.I. 2003/1864), regs. 1(2), 5(4)

F14

Reg. 5(4)(a)(iii) revoked (28.11.2005) by The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (S.I. 2005/3262), regs. 1, 18(5)

F15

Sum in reg. 5(4)(a)(iv) substituted (6.4.2006) by virtue of The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2006 (S.I. 2006/589), regs. 1(2), 2(2)

F16

Reg. 5(5) inserted (1.10.2004) by The Welfare Food (Amendment) Regulations 2004 (S.I. 2004/723), regs. 1(2), 4(6) (with reg. 7)

Commencement

I1

Reg. 5 in force at 27.6.1996, see reg. 1