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

Failure to receive benefitF1 ... N.I.

13.—(1) If a beneficiary fails to receive benefit as a result of a failure to receive a voucher [F2 or credit] , he may, in accordance with paragraph (3), so notify in writing the Department for the purposes of paragraph (4).

[F3 (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 [F4 made] his claim to the Department or, in any other case, [F5 within eight weeks and including of the date the voucher or credit was due to be received] ;

[F6 (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 [F7 or 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

[F8 (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 [F9 , subject to paragraph (5),] either, as it considers appropriate, issue or cause to be issued to that beneficiary a voucher [F10 or credit] or pay the beneficiary an amount equal to the value represented by the voucher [F10 or, as the case may be, credit] .

[F11 (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

F1 Words in reg. 13 heading omitted (5.2.2021) by virtue of The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(1) (with reg. 19)

F2 Words in reg. 13(1) inserted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(2) (with reg. 19)

F3 Reg. 13(2) substituted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(3) (with reg. 19)

F4 Word in reg. 13(3)(a) substituted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(4)(a)(i) (with reg. 19)

F5 Words in reg. 13(3)(a) substituted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(4)(a)(ii) (with reg. 19)

F6 Reg. 13(3)(b) substituted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(4)(b) (with reg. 19)

F7 Words in reg. 13(4)(a) inserted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(5)(a) (with reg. 19)

F8 Reg. 13(4)(c) substituted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(5)(b) (with reg. 19)

F9 Words in reg. 13(4) inserted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(5)(c)(i) (with reg. 19)

F10 Words in reg. 13(4) inserted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(5)(c)(ii) (with reg. 19)

F11 Reg. 13(5) inserted (5.2.2021) by The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/26), regs. 1(1), 13(6) (with reg. 19)

Commencement Information

I1 Reg. 13 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)