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The Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006

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PART IIIN.I.ENTITLEMENT TO BENEFIT

Entitlement to benefitN.I.

4.—[F1(1) A person is entitled to benefit in accordance with these Regulations where—

(a)the person is a person described in paragraph (3)(the pregnant woman, mother or child); and

(b)at least one of the following is ordinarily resident in Northern Ireland;

(i)the pregnant woman, mother or child;

(ii)the member of the family member of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e);

(iii)the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or

(iv)the person responsible for the pregnant woman, mother or child described in paragraph (3)(aa)(ii), (3)(ab)(ii), (3)(da)(ii) or (3)(f).]

(2) The benefits to which a person described in paragraph (3) is entitled are—

(a)Healthy Start food to the value represented by a voucher [F2or credit] as provided in regulation [F3regulation 10] ; and

(b)Healthy Start vitamins as follows—

(i)in the case of a pregnant woman described in paragraph (3)(a) [F4(aa) or (b)] , 56 tablets of Healthy Start vitamins for every 8 weeks of entitlement;

(ii)in the case of a mother described in paragraph (3)(c) [F5(d) or (da)] , 56 tablets of Healthy Start vitamins for every 8 weeks of entitlement; or

(iii)in the case of a child described in paragraph (3)(e) [F6or (f)] , 10 millilitres of drops of Healthy Start vitamins for every 8 weeks of entitlement.

(3) For the purposes of [F7paragraph (1)(a)] , a person so described is a person who is—

(a)a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and who is, or is a member of the family of a person who is, entitled to—

(i)income support; or

(ii)an income-based jobseeker’s allowance; or

(iii)child tax credit, where 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£16,190 ]and [F9the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)] ; [F10or

(iv)an income-related employment and support allowance;]

[F11(aa)a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who—

(i)is entitled to universal credit and satisfies the condition in paragraph (8); or

(ii)is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8);]

[F12(ab)a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who—

(i)is entitled to state pension credit;

(ii)is a member of a couple where the other member of that couple is entitled to state pension credit; or

(iii)is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;]

(b)a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 1999(1) applies;

(c)a mother who—

(i)[F13immediately] before the birth of her child, was entitled to and in receipt of [F14, or is a member of the family of a person who was entitled to and in receipt of,] a social security benefit or tax credit mentioned in paragraph (3)(a); and

(ii)has parental responsibility for that child whose date of birth has not been notified to the Department and in respect of whom the period of four months from the estimated date of delivery has not yet passed;

(d)a mother who—

(i)is not under the age of [F1516] ,

(ii)has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and

(iii)is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where 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 [F16£16,190 ]and [F17the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)] ; F18...

[F19(da)a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who—

(i)is entitled to universal credit and satisfies the condition in paragraph (8); or

(ii)is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and satisfies the condition in paragraph (8);]

[F20(db)a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who—

(i)is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

(ii)is a member of a couple where the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or

(iii)is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;]

[F21(e)a child who—

(i)is under the age of four years; and

(ii)is a member of the family of a person who—

(aa)is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed [F22£16,190;] and

(bb)[F23either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)][F24; or

(f)a child who is under the age of 4 years—

(i)who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8); F25...

[F26(ii)who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or]

[F27(iii)] for whom a relevant child has parental responsibility.]

(4) A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) [F28, (d) [F29, (da) or (db)]] is entitled to the Healthy Start food benefit in respect of each such child.

(5) If a mother would otherwise be entitled to benefit under paragraph (3)(c) [F30, (d) [F31, (da) or (db)]] but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to the Healthy Start food benefit to which the mother would otherwise be entitled.

(6) The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e) [F32or (f)] .

[F33(7) For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) [F34, the definition of “relevant child” in paragraph (11)] and paragraph 4(1)(a)(iii) of Schedule 1, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working for less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies]]

[F35(8) A person satisfies the condition in this paragraph if the person—

(a)is a single claimant of universal credit and has earned income of £408 or less; or,

(b)is one of joint claimants of universal credit and the joint claimants have combined earned income of £408 or less,

in the period specified in paragraph (9).

(9) The period is—

(a)the most recent complete assessment period; or

(b)the assessment period immediately preceding that assessment period.

(10) A person who is entitled to benefit by virtue of only paragraph (9)(b) does not cease to be so entitled until the expiry of 8 weeks beginning with and including the day after the last day of the most recent complete assessment period.

(11) In this regulation—

“assessment period” has the meaning given in regulation 22 of the Universal Credit Regulations (Northern Ireland) 2016;

[F36“couple” has the meaning given in regulation 1 of the State Pension Credit Regulations (Northern Ireland) 2003;]

“earned income” means a person’s earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations (Northern Ireland) 2016;

“joint claimants” has the meaning given in Article 46 of the Welfare Reform (Northern Ireland) Order 2015;

“relevant child” means a child—

(a)

who is the responsibility of, and member of the same household as, a person who—

(i)

is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where 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 £16,190; and

(ii)

either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); F37...

(b)

[F38who] is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and satisfies the condition in paragraph (8);

“single claimant” has the meaning given in Article 46 of the Welfare Reform (Northern Ireland) Order 2015]; [F39or]

(c)

[F40who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;]

Textual Amendments

Commencement Information

I1Reg. 4 in operation at 27.11.2006, see reg. 1

Claim for benefitN.I.

5.—(1) Except as provided in paragraphs (2) to (4), no person described in regulation 4 may become entitled to benefit unless he first [F41makes a claim to the Department that includes the information and declaration specified in Schedule 1] .

(2) Where a person who has parental responsibility for a child described at regulation 4(3)(e) [F42or (f)] who is under the age of four months notifies by telephone the Department of the date of birth of the child, the child may become entitled to benefit from and including the date of his birth.

(3) A mother described in regulation 4(3)(c) may become entitled to benefit from and including the date of birth of her child provided that she has not [F43made] a claim as a mother described in regulation 4(3)(d) in respect of that child.

[F44(3A) A mother described in regulation 4(3)(da) who has parental responsibility for a child whose date of birth has not been notified to the Department and in respect of whom the period of 4 months from the estimated date of delivery has not yet passed may become entitled to benefit from and including the date of birth of the child.]

[F45(3B) A mother who—

(a)immediately before the birth of her child was—

(i)entitled to state pension credit;

(ii)a member of a couple where the other member of that couple was entitled to state pension credit; or

(iii)the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who was entitled to state pension credit which included the additional amount for a child or qualifying young person; and

(b)has parental responsibility for the child whose date of birth has not been notified to the Department and in respect of whom the period of 4 months from the estimated date of delivery has not passed,

may become entitled to benefit from the date of birth of the child, provided that she has not [F46made] a claim as a mother described in regulation 4(3)(db).]

(4) A person described in regulation 4 who ceased to be entitled less than three months previously may have his entitlement renewed if he is able to demonstrate to the reasonable satisfaction of the Department that the circumstances that resulted in him ceasing to be so entitled have reverted to those that prevailed when he was so entitled.

(5) Subject to paragraph (1) a person described—

(a)in regulation 4(3)(d) who is entitled to child tax credit will be entitled to benefit from and including the date on which she became so entitled in respect of the child described at regulation 4(3)(d)(ii),

(b)in regulation 4(3)(d) or (e) or (5) who is a member of the family of a person who is entitled to child tax credit will be entitled to benefit from and including the date on which he became a person so described.

(6) Subject to the provisions of this regulation, a person’s entitlement under this regulation and regulation 4 shall begin from and including the date on which his claim complying with the requirements of paragraph (1) is received by the Department.

Textual Amendments

Commencement Information

I2Reg. 5 in operation at 27.11.2006, see reg. 1

Healthy Start food and payments in lieuN.I.

6.—(1) Healthy Start food is the food specified in Column 1 (Category of food) of Schedule 2 as qualified in Column 2 (Qualification) of that Schedule.

[F47(2) If the Department is satisfied that a beneficiary cannot use a voucher within a reasonable distance of their home, the Department may, instead of issuing a voucher or credit, pay the beneficiary an amount equal to the value represented by the voucher or credit the beneficiary would otherwise receive.]

Textual Amendments

Commencement Information

I3Reg. 6 in operation at 27.11.2006, see reg. 1

Healthy Start vitamins and payments in lieuN.I.

7.—(1) Healthy Start vitamins are tablets or vitamin drops containing vitamins appropriate for the beneficiary who receives them.

(2) If the Department is satisfied that a person entitled to Healthy Start vitamins has not received them for a period as a result of an act or omission on the part of the Department or a health service body (“the missing period”) it shall pay the beneficiary an amount equal to the cost of purchasing the prescribed number or amount of Healthy Start vitamins for the missing period.

Commencement Information

I4Reg. 7 in operation at 27.11.2006, see reg. 1

Advice on health and nutritionN.I.

8.  The Department may arrange for a person described in regulation 4 to receive advice on health and nutrition when he receives a voucher [F48or credit,] or at some other time.

Textual Amendments

Commencement Information

I5Reg. 8 in operation at 27.11.2006, see reg. 1

Cessation of entitlement to benefitN.I.

9.—(1) A person’s entitlement to benefit under the Healthy Start scheme shall cease when he ceases to be entitled in accordance with [F49regulations 4, 5, 12(6) or 12A(4)] .

(2) A person who is no longer entitled to benefit must inform the Department of the change in his circumstances if he continues to receive vouchers [F50, credit] or payments instead of benefit.

Textual Amendments

Commencement Information

I6Reg. 9 in operation at 27.11.2006, see reg. 1

(1)

1999 c. 33, as amended by the State Pension Credit Act 2002 (c. 16), Article 2 of and the Schedule to the Regulatory Reform (Carer’s Allowance) Order 2002, S.I. 2002/1457 and the Tax Credits Act 2002, section 60. Schedule 6, and section 51, Schedule 4, paragraphs 20 and 21

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