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

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Changes over time for: PART IV

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Changes to legislation:

There are currently no known outstanding effects for the The Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006, PART IV. Help about Changes to Legislation

PART IVN.I.VOUCHERS

[F1Issue of voucher or creditN.I.

10.—(1) For each week that a beneficiary is entitled to benefit under regulation 4 and 5 the Department must—

(a)issue or cause to be issued to that beneficiary a voucher; or

(b)credit an amount to a voucher previously issued to that beneficiary, to enable the beneficiary to purchase Healthy Start food.

(2) A voucher issued under paragraph (1)(a) may be in paper form, electronic form or in the form of a pre-paid payment card.

(3) The value represented by a voucher or credit issued under paragraph (1) (“voucher or credit value”) must not be less than £3.10.

(4) Subject to paragraph (3), the Department may increase or decrease the voucher or credit value.

(5) When determining whether to exercise the power in paragraph (4) the Department must have regard to the following—

(a)the cost of purchasing Healthy Start food;

(b)any matters relating to the supply of Healthy Start food; and

(c)any other relevant factors.

(6) Where the power in paragraph (4) is exercised, the Department must publish, in such a manner as the Department considers appropriate—

(a)the revised voucher or credit value; and

(b)the date from which that value is to apply.]

Textual Amendments

Provision of Healthy Start vitaminsN.I.

11.—(1) A health service body is a Health and Social Services Board or a Health and Social Services Trust.

(2) A health service body shall have the function of provision of Healthy Start vitamins for beneficiaries.

(3) A health service body may make arrangements for a pharmacist or other person or body to supply Healthy Start vitamins for beneficiaries on its behalf.

(4) Where a health service body makes arrangements under paragraph (3), it must inform beneficiaries where they may obtain Healthy Start vitamins.

(5) A beneficiary who is entitled to Healthy Start vitamins must produce F2...evidence of his entitlement to a person who supplies Healthy Start vitamins for beneficiaries.

(6) For the purposes of paragraph (5), F3...evidence of entitlement may consist of a letter from the Department that confirms the entitlement of the beneficiary to Healthy Start food and, if requested by the person who supplies the Healthy Start vitamins, in respect of a beneficiary who is a child, documentary evidence of the child’s age.

(7) The Department shall pay a health service body an amount equal to the cost of the Healthy Start vitamins that the health service body has provided (or secured the provision of) to a beneficiary.

Textual Amendments

Commencement Information

I1Reg. 11 in operation at 27.11.2006, see reg. 1

Use of voucherN.I.

12.—(1) A beneficiary may [F4only use a voucher to purchase] Healthy Start food.

(2) Subject to paragraph (3), a voucher issued to a beneficiary may be used only by the beneficiary for whom it was issued.

(3) A voucher issued to a beneficiary who is a child who is breast-fed by his mother may be [F5used to purchase] Healthy Start food for consumption by the mother.

(4) No person shall buy or sell or otherwise use—

(a)a voucher;

(b)Healthy Start food [F6purchased with] a voucher;

(c)Healthy Start vitamins supplied under the Healthy Start scheme to a beneficiary,

except in accordance with the Healthy Start scheme.

[F7(5) Where a voucher issued to a beneficiary has not been used for a period of 16 consecutive weeks the Department may cancel the voucher.]

Textual Amendments

Commencement Information

I2Reg. 12 in operation at 27.11.2006, see reg. 1

[F8Requirement to provide information or evidenceN.I.

12A.—(1) The Department may require a person to take reasonable steps to provide such information or evidence as may reasonably be needed in connection with the administration of the Healthy Start scheme.

(2) A person to whom a person is required to provide information or evidence under paragraph (1), must produce to that person evidence of his authority from the Department, if requested.

(3) Where a person fails to produce the information or evidence required the Department may suspend the issue of vouchers or credit to the person until—

(a)the information or evidence requested is provided;

(b)the Department is satisfied of the person’s entitlement to benefit pursuant to these Regulations or the person’s compliance with the requirements of the Healthy Start scheme; or

(c)the person ceases to be entitled to benefit under these Regulations (whether in accordance with paragraph (4) or another provision, as to which see regulation 9).

(4) Where the issue of vouchers or credit has been suspended under paragraph (3) for a period of 16 consecutive weeks, the beneficiary ceases to be entitled to benefit under these Regulations.]

Textual Amendments

Failure to receive benefitF9...N.I.

13.—(1) If a beneficiary fails to receive benefit as a result of a failure to receive a voucher [F10or credit] , he may, in accordance with paragraph (3), so notify in writing the Department for the purposes of paragraph (4).

[F11(2) If a beneficiary who is entitled to benefit under regulations 4 and 5 receives a voucher or credit to a voucher, and—

(a)the voucher is lost or stolen or accidentally destroyed; or

(b)it is not possible to use the voucher to purchase Healthy Start food within a reasonable distance of the beneficiary’s home; or

(c)the beneficiary is a child under the age of one year and it is not possible to use the voucher to purchase Healthy Start food consisting of infant formula as described in Schedule 2 within a reasonable distance of the child’s home,

the beneficiary may, in accordance with paragraph (3), so notify in writing the Department for the purposes of this regulation.]

(3) A beneficiary who so notifies in the circumstances described —

(a)in paragraph (1) must, in the case of the first voucher pursuant to a claim, do so within twelve weeks of, and including the date he [F12made] his claim to the Department or, in any other case, [F13within eight weeks and including of the date the voucher or credit was due to be received] ;

[F14(b)(i)in paragraph (2)(a),must do so within 16 weeks beginning with the date on which the voucher or credit was received;

(ii)in paragraph (2)(b) and (c), must do so within 8 weeks beginning with the date on which the voucher or credit was received.]

(4) If the Department is satisfied—

(a)on a notification pursuant to paragraph (1) or otherwise, that a beneficiary did not receive a voucher [F15or credit] because of some act or omission on the part of the Department or Her Majesty’s Revenue and Customs(1),

(b)on a notification pursuant to paragraph (2)(a), that the voucher has been lost or stolen or accidentally destroyed, or

[F16(c)on a notification pursuant to paragraph 2(b) or (c), that it is not possible to use the voucher to purchase Healthy Start food, or Healthy Start food consisting of infant formula as described in Schedule 2, within a reasonable distance of the beneficiary’s home,]

it shall [F17, subject to paragraph (5),] either, as it considers appropriate, issue or cause to be issued to that beneficiary a voucher [F18or credit] or pay the beneficiary an amount equal to the value represented by the voucher [F18or, as the case may be, credit] .

[F19(5) Where a voucher is issued or payment is made in a case falling within under paragraph (4)(b) or (c), the amount of any credit spent prior to such notification being made may be deducted from the value represented by the voucher or payment.]

Textual Amendments

Commencement Information

I3Reg. 13 in operation at 27.11.2006, see reg. 1

Property in voucherN.I.

14.—(1) Every voucher is and shall remain the property of the Department.

(2) Any person in possession of a voucher shall, if so requested by the Department, produce or deliver it to the Department within such time and to such place as the Department may direct in writing.

Commencement Information

I4Reg. 14 in operation at 27.11.2006, see reg. 1

(1)

See Section 4(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11)

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