2. The 2006 Regulations are amended in accordance with regulations 3 to 19.
3.—(1) In regulation 3(1)—
(a)after the definition of “child” insert —
““credit” and related expressions (however expressed and except in the expression “state pension credit”, “tax credit” and “universal credit”) is to be construed in accordance with regulation 10(1)(b);”;
(b)for the definition of “estimated date of delivery” substitute—
““estimated date of delivery” means the date included in a claim for benefit pursuant to paragraph 1(e) of Schedule 1;”;
(c)omit the definition of “food outlet”;
(d)omit the definition of “health professional”;
(e)omit the definition of “period of validity”;
(f)after the definition of “the 1988 Regulations” insert—
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015(1);”
4.—(1) For regulation 4(1) substitute—
“(1) A person is entitled to benefit in accordance with these Regulations where—
(a)the person is a person described in paragraph (3)(the pregnant woman, mother or child); and
(b)at least one of the following is ordinarily resident in Northern Ireland;
(i)the pregnant woman, mother or child;
(ii)the member of the family member of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e);
(iii)the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or
(iv)the person responsible for the pregnant woman, mother or child described in paragraph (3)(aa)(ii), (3)(ab)(ii), (3)(da)(ii) or (3)(f).”.
(2) In regulation 4(2)(a), after “voucher” insert “or credit” and for “regulation 10(3)” substitute “regulation 10”.
(3) In regulation 4(3) for “paragraph (1)” substitute “paragraph (1)(a)”.
5.—(1) In regulation 5(1), for the words from “submits to the Department” to the end substitute “makes a claim to the Department that includes the information and declaration specified in Schedule 1”.
(2) In paragraphs (5)(3) and (3B) for “submitted” substitute “made”.
6. For regulation 6(2) substitute—
“(2) If the Department is satisfied that a beneficiary cannot use a voucher within a reasonable distance of their home, the Department may, instead of issuing a voucher or credit, pay the beneficiary an amount equal to the value represented by the voucher or credit the beneficiary would otherwise receive.”.
7. In regulation 8 after “voucher” insert “or credit,”.
8.—(1) In regulation 9, for “regulation 4 or 5” substitute “regulations 4, 5, 12(6) or 12A(4)”.
(2) In Regulation 9(2) after “vouchers” insert “, credit”.
9. For regulation 10(2) substitute—
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.”.
10.—(1) In regulation 11(5), omit the word “documentary”.
(2) In regulation 11(6) omit the word “documentary” in each place where it occurs.
11.—(1) For regulation 12(1), for “within the period of its validity exchange a voucher for” substitute “only use a voucher to purchase”.
(2) In regulation 12(3) for “exchanged for” substitute “used to purchase”.
(3) In regulation 12(4)(b) for “supplied in exchange for” substitute “purchased with”.
(4) After regulation 12(4) insert—
“(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.
(6) Where a voucher has been cancelled under paragraph (5) the beneficiary ceases to be entitled to benefit under these Regulations.”.
12. After regulation 12 insert—
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.”.
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.”.
14. Omit Part 5
15. In regulation 22(1) for the definition of “infant formula” substitute—
““infant formula” means a food based on cow’s milk intended for particular nutritional use from birth by infants in good health, and satisfying by itself the nutritional requirements of such infants, which has been concentrated to the form of powder, granule or solid by the removal of water,”.
16. In Schedule 1(3)—
(a)in paragraph (1)—
(i)at the end of sub-paragraph (c) omit “and”;
(ii)in sub-paragraph (d)(i), after “regulation 4(3)(a),” insert “4(3)(c),”;
(iii)at the end of sub-paragraph (d)(iii) insert “and”;
(iv)after sub-paragraph (d) insert—
“(e)the estimated date of delivery of the pregnant woman.”;
(b)omit paragraphs 2 and 3;
(c)in paragraph 4—
(i)omit the word “signed” in each place it occurs;
(ii)after sub-paragraph (2) insert—
“(3) A declaration provided under this paragraph must be in the format that the Department requires.”;
(d)omit paragraph 5.
17. In Schedule 2(4)—
(a)in column 1, for the entry relating to fresh or frozen fruit and vegetables substitute “Fresh, frozen or canned fruit and vegetables”;
(i)for the corresponding entry in column 2 substitute “Fresh, frozen or canned fruit and vegetables including loose, pre-packed, whole, sliced, chopped or mixed fruit or vegetables, fruit in fruit juice, or fruit or vegetables in water, but not those to which fat, salt, sugar or flavouring have been added.”.
(b)at the end of the table insert—
| “Pulses | Fresh, dried or canned pulses, including but not limited to lentils, beans, peas and chickpeas but not those to which fat, salt, sugar or flavouring have been added.”. |
18. Omit Schedules 3 and 4.
Relevant amending instruments are S.R. 2008 No.131 and S.R. 2009 No. 87
Schedule 1 was amended by S.R. 2008 No.131, 2009 No.87, 2010 No.98, 2017 No.200 and 2019 No.117
Schedule 2 was amended by S.R. 2011 No. 41