Regulation 3 Amendment of regulation 2 of the principal Regulations

For regulation 2(1)(a) of the principal Regulations (Free milk, dried milk and vitamins), after sub-paragraph (iii) there is inserted –

“(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^f1 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit;”

For regulation 2(2)(a), 2(2)(aa), 2(2)(b) there is substituted –

“(a)

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;

(iii)

a guarantee credit; or

(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 £13,480, 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;

(iii)

a guarantee credit; or

(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 £13,480, 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 £13,480, and the person is not entitled to working tax credit.”.

After regulation 2(4) the following is inserted –

“(4A)

No expectant mother shall be entitled to milk or vitamins unless she first submits to the Department a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 3A;

(4B)

An expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (4A) is received by the Department.”.