Amendment of regulation 13 (failure to receive benefit)
This section has no associated Explanatory Memorandum
13.—(1) In the heading to regulation 13 omit “represented by the voucher”.
(2) In regulation 13(1) after “voucher” insert “or credit”.
(3) For regulation 13(2) substitute—
“(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.”.
(4) In regulation 13(3)—
(a)in sub-paragraph (a)—
(i)for “submitted” substitute “made”.
(ii)for “within four weeks of and including the date of expiry of his last voucher” substitute “within eight weeks and including of the date the voucher or credit was due to be received”;
(b)for sub-paragraph (b) substitute—
“(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.”;
(5) In regulation 13(4)—
(a)in sub-paragraph (a) after “voucher” insert “or credit”;
(b)for sub-paragraph (c) substitute—
“(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,”;
(c)in the full out words—
(i)after “shall” insert “, subject to paragraph (5),”;
(ii)after the first reference to “voucher” insert “or credit” and after the second reference insert “or, as the case may be, credit”.
(6) After regulation 13(4) insert—
“(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.”.