The Welfare Food Regulations 1996

Regulation 2(1)

SCHEDULE 1 DRIED MILK SPECIFIED FOR THE PURPOSE OF THE REGULATIONS

(1)	(2)
Dried Milk	Manufacturer
Aptamil	Milupa Ltd
Boots Formula 1	The Boots Company plc
Boots Formula 2	The Boots Company plc
Cow and Gate Plus	Cow and Gate Ltd
Cow and Gate Premium	Cow and Gate Ltd
Farley’s First Milk	H J Heinz Company Ltd
Farley’s Second Milk	H J Heinz Company Ltd
Milumil	Milupa Ltd
SMA Gold	SMA Nutrition
SMA White	SMA Nutrition

Regulation 3(4)

SCHEDULE 2 CLAIMS FOR QUALIFYING CHILDREN

Information to be provided on a claim made in respect of a qualifying child—

1.  full name and address of person responsible for the care of the child;

2.  full name and address of the child;

3.  the date of birth of the child;

4.  the name and address in England or Wales of the child’s local education authority or in Scotland of the child’s education authority;

5.  whether or not the child is in England or Wales a registered pupil or in Scotland a pupil in attendance at a school or special school.

Supporting document

6.  the birth certificate of the child.

Regulation 16(1)

SCHEDULE 3 INFORMATION FOR CLAIMS FOR REIMBURSEMENT

Information to be provided on a claim for reimbursement—

1.  the name and address of the supplier;

2.  the address from which the supplier trades;

3.  the number of milk tokens enclosed for reimbursement;

4.  earliest and latest dates shown on each of those tokens;

5.  the approved price in pence per 568 millilitre measure of the milk supplied in exchange for each of those milk tokens or, where milk is supplied in multiples of 500 millilitres only, the approved price per 500 millilitre measure.

6.  what type of business he carries on; and

7.  whether he supplies milk in multiples of 500 millilitres only.

Regulation 17(2) and (3)

SCHEDULE 4 SPECIAL REIMBURSEMENT

PART I INFORMATION AND DECLARATION FOR SPECIAL REIMBURSEMENT

1.  An application for determination of a special percentage shall contain the following information—

(a) the name and address of the supplier;

(b) the dates on which the reference period begins and ends;

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

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

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

(i) wholesale and retail or retail only; and

(ii) doorstep delivery or from premises.

2.  An application for special reimbursement shall include a declaration signed by a qualified accountant certifying that the information contained in the application accords with the financial records kept by the supplier in connection with the business carried on by him.

PART II DETERMINATION OF SPECIAL PERCENTAGE

3.  The percentage by which the approved price shall be reduced under regulation 17 is determined by—

(a) 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;

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

(c) 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

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

Table

(1)	(2)	(3)	(4)
Discount band	Welfare milk during reference period as a percentage of total retail milk supply (x)	Relevant part of x	Percentage by which approved price reduced
1	up to and including 7.5 per cent.	the first 7.5 per cent.	9
2	more than 7.5 per cent. but not more than 8.5 per cent.	the next 1 per cent. or if less than 1 per cent. that part thereof	8
3	more than 8.5 per cent. but not more than 9.5 per cent.	the next 1 per cent. or if less than 1 per cent. that part thereof	6
4	more than 9.5 per cent. but not more than 10.5 per cent.	the next 1 per cent. or if less than 1 per cent. that part thereof	5
5	more than 10.5 per cent. but not more than 11.5 per cent.	the next 1 per cent. or if less than 1 per cent. that part thereof	3
6	more than 11.5 per cent.	any percentage more than 11.5 per cent.	nil

4.  In this Schedule “reference period” means—

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

(b) 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.

Regulations 19(2) and 20(1)

SCHEDULE 5 CHILDREN IN DAY CARE—SUPPLIERS’ APPLICATIONS FOR APPROVAL AND CLAIMS FOR REIMBURSEMENT

Information and declaration or document to be provided by a supplier on an application for approval

1.—(a) full name of applicant;

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

(c) address where children are to be cared for;

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

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

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

(g) 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;

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

(i) is carrying on an exempt school and is providing day care as part of the exempt school’s activities; or

(ii) is employed to work at an exempt school and is authorised to provide day care as part of the exempt school’s activities;

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

(i) carrying on an exempt establishment and that the provision of day care is made as part of the establishment’s activities for the children of persons carrying on or employed to work at the establishment; or

(ii) employed to work at such an establishment and is authorised to make such provision of day care as part of the establishment’s activities.

Information to be provided by a supplier on a claim for reimbursement

2.—(a) name of person claiming reimbursement;

(b) address where children are cared for;

(c) name and address of person who is to receive reimbursement;

(d) period of claim;

(e) number of sessions each week;

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

(g) 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.

Regulation 22(1)

SCHEDULE 6 ENACTMENTS APPLIED FOR THE PURPOSES OF THESE REGULATIONS

Column 1	Column 2
Enactment	Modifications
Section 111 of the Social Security Administration Act 1992 (delay, obstruction etc. of inspector)	Omit subsection (1)(a) and for the words “under this Act” substitute the words “under section 13 of the Social Security Act 1988”.
Section 112 of the Social Security Administration Act 1992 (false representations for obtaining benefit)	In subsection (1) for the words “benefit or other payment under the legislation to which section 110 above applies” substitute the words “welfare food or payment under a scheme made for the purposes of section 13 of the Social Security Act 1988” and for the words “that legislation” substitute the words “that scheme”.
Section 113 of the Social Security Administration Act 1992 (breach of regulations)	For the words “any of the Acts to which section 110 above applies” substitute the words “section 13 of the Social Security Act 1988” and for “that Act” in both places where it occurs substitute “that section”.
Section 115 of the Social Security Administration Act 1992 (bodies corporate)	For the words “under this Act” substitute the words “under section 112 or 111 of this Act or under section 13 of the Social Security Act 1988”.
Section 116(1), (2)(a) and (7) of the Social Security Administration Act 1992 (legal proceedings)	For the words “under this Act” where they occur in subsections (1), (2)(a) and (7)(a), substitute “under section 112 or 111 of this Act or under section 13 of the Social Security Act 1988”.

Regulation 24

SCHEDULE 7 REGULATIONS REVOKED

Citation	Statutory Instrument
The Welfare Food Regulations 1988	S.I. 1988/536
The Welfare Food Amendment Regulations 1988	S.I. 1988/555
The Welfare Food Amendment Regulations 1989	S.I. 1989/524
The Welfare Food Amendment Regulations 1990	S.I. 1990/3
The Welfare Food Amendment (No. 2) Regulations 1990	S.I. 1990/571
The Welfare Food Amendment (No. 3) Regulations 1990	S.I. 1990/2012
The Welfare Food Amendment Regulations 1991	S.I. 1991/585
The Welfare Food Amendment Regulations 1992	S.I. 1992/637
The Welfare Food Amendment Regulations 1993	S.I. 1993/1105
The Welfare Food Amendment Regulations 1994	S.I. 1994/2004
The Welfare Food (Amendment) Regulations 1995	S.I. 1995/1143