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

Explanatory Note

(This note is not part of the Regulations)

These Regulations establish a scheme to provide benefits for pregnant women, mothers and children (“the Healthy Start scheme”) and a scheme to provide milk and infant formula for children under age 5 in certain types of day care (“the Day Care Food scheme”).

They are the first set of Regulations made under new powers in Article 13 (“Benefits under schemes for improving nutrition: pregnant women, mothers and children) of the Social Security (Northern Ireland) Order 1988 (“the 1988 Order”). Article 13 of the 1988 Order was replaced by wording in Article 3 of the Food Benefit Schemes (Northern Ireland) Order 2003 (Replacement of the Welfare Food Schemes): See S.R. 2006 No. 418 (C. 24) as amended by S.R. 2006 No. 437 (C. 26).

Part I deals with preliminary matters. Regulations 1 and 2 provide for citation, commencement and interpretation. The Regulations are to come into operation on 27th November 2006.

Parts II to VI establish the Healthy Start scheme. Part II defines terms for the purposes of that scheme. Part III covers entitlement to benefit under the Healthy Start scheme. Persons entitled to benefit under the Healthy Start scheme are described in regulation 4. Regulation 4 also provides for the Healthy Start food benefit to which a beneficiary is entitled.

Regulation 5 and Schedule 1 make provision for claims for the Healthy Start benefit. Regulation 6 and Schedule 2 make further provision in relation to Healthy Start food. Regulation 7 makes provision for payments in lieu of Healthy Start vitamins. Advice on health and nutrition is provided for by regulation 8. Regulation 9 is concerned with cessation of entitlement to the Healthy Start benefit.

Part IV is concerned with voucher arrangements. Regulation 10 provides for the issue of a voucher under the Healthy Start scheme. The value represented by the voucher is £2.80. Regulation 11 provides for the supply of Healthy Start vitamins. Use of the voucher is covered by regulation 12. Regulation 13 details what is to happen if a beneficiary fails to receive benefit, and regulation 14 provides for property in a voucher.

Part V sets out the arrangements concerning food outlets in the Healthy Start scheme. Applications to be registered as a food outlet are provided for in regulation 15 and Schedule 3. The duties of a food outlet are set out in regulation 16. Regulation 17 and Schedule 4 detail the procedures for payment of a food outlet.

Regulation 18 imposes a requirement to furnish information in the specified circumstances.

Part VI contains the miscellaneous provisions. Regulation 19 and Schedule 5 provides for the application of statutory provisions. Regulation 20 provides for offences. Regulation 21 makes transitional provision in respect of the coming into operation of the Healthy Start scheme.

Part VII establishes the Day Care Food scheme. Regulation 22 defines terms for the purposes of that Scheme. Regulation 23 and Schedule 6 provide for the entitlement to free milk or infant formula (Day Care food) for children under the age of five years in day-care. Regulation 24 and Schedule 5 provides for the application of statutory provisions. Regulation 25 makes transitional provision in respect of the coming into operation of the Day Care Food scheme.

Part VIII deals with revocations. Regulation 26 revokes the Welfare Foods Regulations (Northern Ireland) 1988 except in the case of milk supplied in exchange for a milk token before 27th November 2006.