The Welfare Food Regulations 1996 in Scotland

In these Regulations unless the context otherwise requires—

• “approved price” in relation to milk supplied against a milk token means the lowest price which in the ordinary course of business a supplier charges, during the week in which that milk token was used, any of his retail customers for a 568 millilitre measure of milk or, if he supplies milk in multiples of 500 millilitres only, for a 500 millilitre measure of milk^f1;

• F1“beneficiary” means a person entitled to milk, dried milk or vitamins by virtue of regulation 3, 4 or 5;

• F2...

• “clinic” means—

  1. (a)

     in relation to England and Wales—

     1. (i)

        any maternity or child health clinic provided F3... F4by a Primary Care Trust or by an NHS trust F5or NHS foundation trust on behalf of the Secretary of State; or

     2. (ii)

        any premises approved ... F6by a Primary Care Trust or by an NHS trust or NHS foundation trust as a welfare food distribution centre; and

  2. (b)

     in relation to Scotland—

     1. (i)

        any maternity or child health clinic provided by a Health Board or by an NHS trust on behalf of the Secretary of State; or

     2. (ii)

        any premises approved by a Health Board or by an NHS trust as a welfare food distribution centre;

• “day care” in relation to England and Wales has the same meaning as in section 18(4) of the Children Act 1989^f2 and in relation to Scotland has the same meaning as in section 79(b) of that Act;

• “day care provider” means a day care provider specified in regulation 18(2);

• F7F8“dried milk” means any infant formula specified in Schedule 1;“dried milk” means a food based on cow's milk intended for particular nutritional use from birth by infants in good health, and satisfying by itself the nutritional requirements of such infants, which has been concentrated to the form of powder, granule or solid by the removal of water;

• “exempt establishment” means a home or other establishment which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 4 of Schedule 9 to that Act;

• “exempt school” means a school or play centre which, though providing day care, is exempt from registration with a local authority under section 71(1)(b) of the Children Act 1989 by virtue of paragraph 3 of Schedule 9 to that Act;

• “family” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 for the purposes of Part VII of the Act (income-related benefits);

• F9...

• F10...

• F11...

• “Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978^f3;

• “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995^f4; and any reference to a person entitled to an income-based jobseeker’s allowance in these Regulations has effect as from 7th October 1996;

• “income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;

• “local authority” has the same meaning as in section 105(1) of the Children Act 1989;

• “milk” means whole or semi-skimmed liquid cow’s milk which is heat treated but does not include milk to or from which chemicals, vitamins, flavours or colours have been added or removed otherwise than as a consequence of the process of heat treatment or as a consequence of the process of producing semi-skimmed milk from whole milk;

• “milk token” means a token for milk or dried milk issued by or on behalf of the Secretary of State under regulation 10;

• F12“NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;

• “NHS trust” in relation to England and Wales has the same meaning as in the National Health Service and Community Care Act 1990^f5 and in relation to Scotland has the same meaning as in the National Health Service (Scotland) Act 1978^f6;

• “period of validity” in relation to a milk token means the period indicated on it in accordance with regulation 10(3) as that during which it may be used;

• F13“Primary Care Trust” has the same meaning as in section 16A of the National Health Service Act 1977;

• “registered child minder” means a person who is registered with a local authority under section 71(1)(a) of the Children Act 1989;

• “registered day care provider” means a person who is registered with a local authority under section 71(1)(b) of the Children Act 1989;

• F14“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002

• “school milk subsidy” means a European Community school milk subsidy under Council Regulation (EEC) no. 1842/83 (supply of milk and certain milk products at reduced prices to school children);

• “special reimbursement” means reimbursement in respect of which a special percentage applies under regulation 17;

• F15“supplier” means a person who supplies milk or dried milk under these Regulations, and for the purposes of the function of the Secretary of State of paying suppliers’ invoices for the supply of vitamins to a Primary Care Trust, NHS trust, NHS foundation trust, Local Health Board or Health Board, a person who supplies vitamins;

• “total retail milk supply” means the total of—

  1. (a)

     the volume of milk a supplier sells his retail customers; and

  2. (b)

     his welfare milk supply;

• “vitamins” means vitamin tablets or vitamin drops containing vitamins F16appropriate for the beneficiary who receives them; and

• “welfare milk supply” means the volume of milk which the supplier supplies against milk tokens or for which he has made an allowance in accordance with regulation 14(2);

• F17...

Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child, the provision shall, unless the context otherwise requires, be deemed to refer to one of his parents or his guardian or the person having care of him.

In these Regulations, unless the context otherwise requires, a reference:—

Subject to F2paragraphs (3A) and (4) and the provisions as to milk tokens in Parts III and IV, any person specified in paragraph (2) F3other than a person who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, is entitled to receive milk for personal consumption, in accordance with these Regulations, free of charge.

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

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

No expectant mother shall be entitled to milk 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;

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.

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

A beneficiary’s entitlement under this regulation is to milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week^f1.

Subject to paragraph (3) and to the provisions as to milk tokens in Parts III and IV, a child in Great Britain F3other than a child who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, who is under the age of one year and who is a member of the family of a person who is entitled to—

is entitled to receive dried milk or milk for personal consumption, in accordance with these Regulations, free of charge.

A beneficiary’s entitlement under this regulation is to—

Milk to which a beneficiary is entitled under paragraph (2)(b) may be for consumption by the beneficiary’s mother if she is breast-feeding the child.

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.

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

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

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.

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.

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—

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.

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

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

No person shall use a milk token except in accordance with these Regulations.

No person shall buy or sell a milk token issued under these Regulations.

The Secretary of State may require any person who has—

to furnish him, or an officer duly authorised in that behalf, with such information or evidence, whether in the form of documents or otherwise, as may be reasonably needed in connection with approving that person as a supplier or reimbursing that person.

An officer to whom a person is required, under paragraph (1), to furnish information or evidence shall produce to that person, if required to do so, his authority from the Secretary of State.

Where documents specified by the Secretary of State or an authorised officer under paragraph (1) are produced—

Where documents specified under paragraph (1) are not produced, the person who was required to produce them shall state, to the best of his knowledge and belief, where they are.

The enactments relating to the administration of benefit under the Social Security Administration Act 1992^f1 specified in Column 1 of Schedule 6 shall have effect for the F1purposes of the administration of the schemes made by these Regulations F2and the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, subject to the modifications specified in Column 2 of that Schedule.

A person who contravenes or fails to comply with any of the following provisions of these Regulations, namely—

• F3...

• ...

• ...

• regulation 11(3);

• regulation 11(4);

• ...

• ...

F4or the following provisions of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, namely—

• regulation 7(2);

• regulation 9(4);

• regulation 11(2);

• F5regulation 13(1);

• regulation 13(3),

Anything done under a provision of the Welfare Food Regulations 1988^f1 in so far as it could have been done under the provision as re-enacted in these Regulations with or without modification, shall have effect as if done under these Regulations.

Without prejudice to the generality of paragraph (1)—

the name and address of the expectant mother;

the name and address of the person of whose family the expectant mother is a member and who is entitled to a benefit or tax credit mentioned in regulations 3(2)(a)(i) to (iv) and 5(2)(a)(i) to (iv), unless the person entitled is the expectant mother;

the national insurance number of the expectant mother, or, if she is aged under 18, her date of birth.

income support;

an income based jobseeker’s allowance;

a guarantee credit; or

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 F3£14,155, and the person is not entitled to working tax credit.

the name and address of the supplier;

the dates on which the reference period begins and ends;

the supplier’s welfare milk supply during that reference period;

the supplier’s total retail milk supply during that reference period;

a description of the supplier’s business by reference to whether it is:—

ascertaining x, where x is the supplier’s welfare milk supply during the reference period expressed as a percentage of his total retail milk supply during that reference period;

determining the discount band specified in column 1 of the Table below by reference to the paragraph of column 2 into which x falls;

for the band determined under sub-paragraph (b) and each of the preceding bands specified in column 1 of the said Table, multiplying the relevant part of x in column 3 by the corresponding figure in column 4; and

dividing the sum of the figures calculated under sub-paragraph (c) by x.

where regulation 17(3)(a) applies, the period of 52 consecutive weeks;

where regulation 17(3)(b) applies, the period of 13 or more consecutive weeks during which the supplier has carried on a retail trade in milk.

full name of applicant;

category of day care provider specified in regulation 18(2);

address where children are to be cared for;

number of day care sessions each week and duration of a session;

maximum number of children aged under five likely to be cared for at a session;

the name and address of the person who is to receive reimbursement;

in the case of an application by a registered child minder or registered day care provider, a copy of the certificate of registration issued by the local authority or, if the Secretary of State so requires, the original certificate;

in the case of an application by an exempt school, a declaration that the applicant—

in the case of an application by an exempt establishment, a declaration that the applicant is—

name of person claiming reimbursement;

address where children are cared for;

name and address of person who is to receive reimbursement;

period of claim;

number of sessions each week;

the quantity, price and total cost, for the period of the claim, of milk supplied to children entitled under regulation 18(1);

in the case of a claim from an exempt school whether the school is obtaining a school milk subsidy in respect of the cost of the milk for which reimbursement is claimed.