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The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

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Scottish Statutory Instruments

2019 No. 193

Food

The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

Made

30th May 2019

Laid before the Scottish Parliament

31st May 2019

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 1988 M1 and section 175(4) of the Social Security Contributions and Benefits Act 1992 M2 and all other powers enabling them to do so.

In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.

Marginal Citations

M11988 c.7. Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) and amended by section 27(5) of the Scotland Act 2016 (c.11) (“the 2016 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 32 of the 2016 Act.

M21992 c.4. Section 175(4) was amended by paragraph 29(4) of schedule 3 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

PART 1SIntroduction

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.

(2) These Regulations come into force on 12 August 2019, except regulation 21 and schedule 2 which come into force on 31 March 2020.

(3) These Regulations extend to Scotland only.

Commencement Information

I1Reg. 1 in force at 12.8.2019, see reg. 1(2)

PART 2SGeneral interpretation

General interpretationS

2.  In these Regulations—

[F1“the 1992 Act” means the Social Security Administration Act 1992]

“assessment period” is to be construed in accordance with regulation 21 of the Universal Credit Regulations 2013 M3,

“beneficiary” means an individual entitled to benefit as described in regulation 7 [F2, 7A] [F3, 7B] or 8,

“Best Start Foods” means the types of food described in column 2 of the table in schedule 1,

“child” means a person under 16 years of age or a person who is a dependant within the meaning of regulation 5,

“child tax credit” means the tax credit provided for by section 1(1)(a) of the Tax Credits Act 2002 M4,

[F4“state pension credit” means state pension credit under the State Pension Credit Act 2002,]

F5... F6...

“the 2005 Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 M5,

“universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012 M6.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M3S.I. 2013/376, as amended by S.I. 2014/2887, S.I. 2015/1362 and S.I. 2018/65.

M42002 c.21. Part 1 of the Tax Credits Act 2002 is repealed by schedule 14 of the Welfare Reform Act 2012, subject to the savings provided for by article 3 of S.I. 2019/167.

PART 3SMeaning of certain expressions concerning interpersonal relationships

Meaning of “partner”S

3.  For the purposes of these Regulations, an individual is regarded as the partner of another individual if those two individuals would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012 (see section 39 of that Act M7).

Commencement Information

I3Reg. 3 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

Meaning of being “responsible” for a childS

4.—(1) An individual is to be regarded as responsible for a child only if at least one of sub-paragraphs (a) to (g) applies—

(a)the child is a dependant of the individual,

(b)the individual is one of the child's parents and—

(i)normally lives with the child,

(ii)is under 20 years of age, and

(iii)is a dependant of another individual,

(c)the child is treated in law as the child of the individual by virtue of an order under section 54 [F7or section 54A] of the Human Fertilisation and Embryology Act 2008 M8,

(d)the child is treated in law as the child of the individual by reason of an adoption either—

(i)effected under the law of Scotland, or

(ii)effected under the law of another country or jurisdiction and recognised by the law of Scotland,

(e)the child is placed with the individual by an adoption agency,

(f)the individual is a guardian of the child appointed by deed, will or by a court,

(g)the individual is a kinship carer for the child.

(2) In paragraph (1)(e), “adoption agency” means—

(a)a local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 2007 M9,

(b)an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010 M10 and registered under Part 5 of that Act,

(c)an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 M11,

(d)an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987 M12.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M82008 c.22. Section 54 was amended by paragraph 206 of schedule 11 of the Crime and Courts Act 2013 (c.22), Part 1 of schedule 9 of the Justice Act (Northern Ireland) 2015 (c.9) and S.I. 2018/1413.

Meaning of “dependant”S

5.—(1) In respect of any given week, an individual (“person A”) is to be regarded as the dependant of another individual (“person B”) only if—

(a)paragraph (2) applies, or

(b)in that week person B is a kinship carer for person A.

(2) This paragraph applies where—

(a)person B has been awarded—

(i)child tax credit, child benefit or state pension credit in respect of the week in question (or for a period that includes that week), or

(ii)universal credit for—

(aa)an assessment period that includes the week in question, or

(bb)an assessment period that ended immediately before the assessment period mentioned in [F8sub-head (aa)] started, and

(b)person A is recognised to be a child for whom person B has responsibility in terms of that award of assistance.

(3) It is immaterial for the purpose of this regulation that the award of assistance to person B referred to [F9in] paragraph (2) does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.

[F10(4) In this regulation “child benefit” means child benefit under section 141 of the Social Security Contributions and Benefits Act 1992.]

Textual Amendments

Commencement Information

I5Reg. 5 in force at 12.8.2019, see reg. 1(2)

[F11Meaning of “kinship carer”S

5A.—(1) An individual is a kinship carer for a child on a day if—

(a)the individual is—

(i)a person who is related to the child,

(ii)a person who is known to the child and with whom the child has a pre-existing relationship, or

(iii)a friend or acquaintance of a person related to the child, and

(b)on that day, the child lives with the individual (exclusively or predominantly) under the terms of—

(i)a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014,

(ii)any other order under section 11(1) of the Children (Scotland) Act 1995 (“the 1995 Act”), or

(iii)an agreement between the individual, the individual’s partner or both of them and—

(aa)a local authority by which the child is looked after within the meaning of section 17(6) of the 1995 Act,

(bb)a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989 (“the 1989 Act”), or

(cc)an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995 (“the 1995 Order”).

(2) A person described in paragraph (1)(a) must not be—

(a)the parent of the child within the meaning of section 15(1) of the 1995 Act,

(b)a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009,

(c)a local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, or

(d)an authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order.

(3) In paragraph (1)(a) “related” means related either by blood, marriage or civil partnership.]

Textual Amendments

PART 4SEntitlement

GeneralS

6.—(1) An individual described in regulation 7 , [F127A, 7B or 8] is entitled to be paid benefit in accordance with the provisions of Part 5 of these Regulations.

[F13(1A) Subject to regulation 11(1A) to (1C), an individual described in regulation 7, regulation 7A or regulation 7B is not entitled to be paid benefit where another individual is being paid benefit in respect of the same pregnancy.]

(2) An individual is not entitled to be paid benefit under these Regulations in respect of any week in which they received, or are due to receive, benefit under the 2005 Regulations.

(3) A person who is entitled to benefit under these Regulations only by virtue of payment of a kind of assistance mentioned in regulation 10(1)(h) does not cease to be so entitled until expiry of 8 weeks beginning with the day after the last day of the most recent completed assessment period for that kind of assistance.

[F14(4) A person who is entitled to benefit under these Regulations by virtue of payment of a kind of assistance mentioned in regulation 10(1)(a) to (g) does not cease to be so entitled until the expiry of 8 weeks beginning with the day after the last day on which the person is entitled to that kind of assistance.]

Textual Amendments

Commencement Information

I6Reg. 6 in force at 12.8.2019, see reg. 1(2)

Pregnant womenS

7.—(1) For the purposes of regulation 6 an individual so described is—

(a)a pregnant woman who—

(i)is ordinarily resident in Scotland,

(ii)is 18 years of age or older, and

(iii)is, or is the partner F15... of an individual who is, in receipt of a kind of assistance mentioned in regulation 10, including an individual who has been awarded a kind of assistance but has not yet received payment, or

[F16(b)a pregnant woman who is—

(i)under 18 years of age, or

(ii)a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

and meets the residence requirement in regulation 9.]

[F17(2) If an individual described in paragraph (1)(b) reaches the age of 18 years or ceases to be a dependant before the end of their pregnancy, the individual remains entitled to benefit until the end of the pregnancy.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 12.8.2019, see reg. 1(2)

[F18Partners of pregnant womenS

7A.—(1) For the purposes of regulation 6 an individual so described is—

(a)an individual who—

(i)is the partner of a pregnant woman,

(ii)is, or the pregnant woman mentioned in head (i) is, in receipt of a kind of assistance mentioned in regulation 10, including a person who has been awarded a kind of assistance but has not yet received payment,

(iii)is 18 years of age or over,

(iv)ordinarily resident in Scotland, and

(v)is receiving benefit for the use of the pregnant woman mentioned in head (i), or

(b)an individual who is—

(i)the partner of a pregnant woman,

(ii)either—

(aa)under 18 years of age, or

(bb)a dependant (within the meaning of regulation 5) who is 18 or 19 years of age, and

(iii)receiving benefit for the use of the pregnant woman mentioned in head (i).

(2) The individual described in paragraph (1)(b) must meet the residence requirement in regulation 9.

(3) If an individual mentioned in paragraph (1)(b) reaches the age of 18 years or ceases to be a dependant before the end of their partner’s pregnancy, the individual remains entitled to benefit until the end of that pregnancy.]

Textual Amendments

[F19Other entitled individuals in respect of a pregnant womanS

7B.—(1) For the purposes of regulation 6 an individual so described is—

(a)the individual that a pregnant woman as described in regulation 7(1)(b) is a dependant of, or

(b)the partner of the individual described in sub-paragraph (a),

who is receiving benefit for the use of the pregnant woman.

(2) The individual described in paragraph (1) must meet the residence requirement in regulation 9.

(3) If the pregnant woman is no longer a dependant of the individual described at paragraph (1)(a) before the end of their pregnancy, that individual or their partner remains entitled to benefit until the end of that pregnancy.]

Textual Amendments

[F20ChildrenS

8.—(1) For the purposes of regulation 6 an individual so described is—

(a)a child who is under 3 years of age, and—

(i)for whom another individual is responsible, and

(ii)the individual responsible for the child, or the partner of that individual, is—

(aa)in receipt of a kind of assistance mentioned in regulation 10, including where the individual or their partner has been awarded a kind of assistance but has not yet received payment, and

(bb)ordinarily resident in Scotland, or

(b)a child who is under 3 years of age—

(i)for whom another individual is responsible, and

(ii)the individual responsible for the child, or the partner of that individual—

(aa)is under 18 years of age,

(bb)is a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

(cc)was previously entitled to benefit by virtue of regulation 7(1)(b) or 7A(1)(b) in respect of a pregnancy which resulted in the birth of the child, or

(dd)was previously entitled to benefit by virtue of regulation 7(1)(b) or 7A as they applied immediately before 26 February 2024, in respect of a pregnancy whilst resulted in the birth of the child,

and meets the residence requirement in regulation 9.

(2)  Where the individual responsible for the child mentioned in paragraph (1)(b), or the partner of that individual, turns 18 years of age or ceases to be a dependant, that child remains entitled to benefit until the later of—

(a)the day on which the child turns one year of age,

(b)the first anniversary of their estimated date of delivery, or

(c)the day on which the individual responsible for them, or their partner, turns 18 years of age or ceases to be a dependant.]

Textual Amendments

Commencement Information

I8Reg. 8 in force at 12.8.2019, see reg. 1(2)

Residence requirementS

9.—(1) The residence requirement is—

(a)the individual is ordinarily resident in Scotland, and

(b)where neither [F21the individual nor the individual’s partner] has been awarded a kind of assistance mentioned in regulation 10, the condition set out in paragraph (2) is also met.

(2) The condition is that the individual is—

(a)habitually resident in the United Kingdom, the Channel Islands [F22or the Isle of Man],

[F23(aa)a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act,]

[F24(ab)a person who—

(i)has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971, by virtue of—

(ia)the Afghan Relocations and Assistance Policy, or

(ib)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(ii)has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or

(iii)has leave granted under the Afghan Citizens Resettlement Scheme.]

[F25(ac)a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F26...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,] [F27or]

[F28(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]

[F29(ad)a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act]

[F30(ae)a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]

(b)a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the protocol relating to the status of refugees done at New York on 31 January 1967,

(c)a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 M13, F31...

(d)a person who has humanitarian protection granted under rules made under section 3(2) of the Immigration Act 1971, or

(e)a person who—

(i)is not a person who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 (exclusion from benefits) M14, and

(ii)is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

[F32(3) In this regulation “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

Kinds of assistanceS

10.—(1) The kinds of assistance referred to in regulations 7 to 9 and 20 are—

[F33(a)child tax credit,

(b)working tax credit,

(c)housing benefit,

(d)income-based jobseeker’s allowance,

(e)income-related employment and support allowance,

(f)income support,

(g)state pension credit,

(h)universal credit in the period specified in paragraph (2).]

(2) The period is—

(a)the most recent complete assessment period, or

(b)the assessment period immediately preceding that assessment period.

[F34(2A) An individual is not to be regarded as having been awarded a kind of assistance for a day or a period if—

(a)the award was made in error (whether or not induced by the individual), or

(b)the sum awarded to the individual for the day or period is £0.

(2B) In paragraph (2A)(b), the reference to “the sum awarded” means, in a case where a deduction has been made—

(a)in respect of any liability the individual has to another person, or

(b)by way of sanction,

the sum that would have been awarded had the deduction not been made.]

(3) In this regulation—

F35...M15

“housing benefit” means housing benefit provided by virtue of a scheme under section 123(1) of the Social Security Contributions and Benefits Act 1992 M16,

[F36“income-based jobseeker’s allowance” means income-based jobseeker’s allowance within the meaning of the Jobseekers Act 1995,

“income-related employment and support allowance” means income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,

“income support” means income support payable under Part 7 of the Social Security Contributions and Benefits Act 1992,]

F35...M17

F35...M18

“working tax credit” means the tax credit provided for by section 1(1)(b) of the Tax Credits Act 2002.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M161992 c.4. Section 123(1) was relevantly amended by paragraph 1(1) of schedule 9 of the Local Government Finance Act 1992 (c. 14).

M172002 c.21. Part 1 of the Tax Credits Act 2002 is repealed by schedule 14 of the Welfare Reform Act 2012, subject to the savings provided for by article 3 of S.I. 2019/167.

Entitlement – further provisionS

11.—(1) Subject to [F37paragraphs (1A) and (2)] [F38and regulation 18B] , no beneficiary is entitled to benefit under these Regulations unless an application for such benefit has been approved by the Scottish Ministers.

[F39(1A) This paragraph applies where the Scottish Ministers receive an application in respect of an individual described in regulation 7, and they are also in receipt of—

(a)an application in respect of an individual described in regulation 7A or an individual described in regulation 7B,

(b)an application in respect of an individual described in regulation 7A and an individual described in regulation 7B, or

(c)applications in respect of two or more individuals described in regulation 7B,

and each application relates to the same pregnancy.

(1B) Where paragraph (1A) applies, the Scottish Ministers must—

(a)approve the application in respect of the individual described in regulation 7 in priority to any application made in respect of an individual described in regulation 7A or 7B, and

(b)cease any payment of this benefit to the individual described in regulation 7A or regulation 7B.

(1C) Where—

(a)the Scottish Ministers receive an application in respect of—

(i)an individual described in regulation 7A and they are also in receipt of an application in respect of an individual described in regulation 7B, or

(ii)an individual described in regulation 7B and are also in receipt of an application in respect of at least one other person described in regulation 7B, and

(b)the applications mentioned in sub-paragraph (a) are made in connection with the same pregnant woman,

the Scottish Ministers must decide which of the individuals is entitled to benefit having regard to the circumstances of the pregnant woman and cease any payment of this benefit to the individual whom the Scottish Ministers decide is not entitled.]

[F40(2)  A child described in paragraph (2A) is entitled to benefit payable from the date of their birth.

(2A) A child—

(a)who is entitled to benefit by virtue of regulation 8,

(b)who is under 4 months of age, and

(c)for whom another individual is responsible, and that individual, their partner, the person on whom that individual was dependent, or the partner of that person—

(i)was previously entitled to benefit by virtue of regulation 7, 7A or 7B in respect of the pregnancy which resulted in the birth of the child, and

(ii)notifies the Scottish Ministers of the date of birth of the child.]

(3) If an individual described in regulations [F417, 7A, 7B or 8]—

(a)has ceased to be entitled to benefit,

(b)less than 12 weeks have elapsed since they ceased to be so entitled, and

(c)can demonstrate to the reasonable satisfaction of the Scottish Ministers that they are once again entitled,

then the Scottish Ministers may renew their entitlement without further process.

[F42(4)  Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child as described in regulation 8, the provision is deemed to refer to the individual responsible for the child or the partner of that individual (as described in regulation 8(1)(a) or (b)).]

[F43(5) Where a beneficiary is entitled to benefit under these Regulations, the Scottish Ministers may, where they consider it appropriate, give the benefit to another person (“the appropriate person”) to be used for the benefit of the beneficiary.

(6) Where the Scottish Ministers consider, for any reason, that it is no longer appropriate for the appropriate person to continue to receive the benefit, they may cease giving the benefit to that person.]

Textual Amendments

Commencement Information

I11Reg. 11 in force at 12.8.2019, see reg. 1(2)

[F44Change of circumstances affecting entitlement to benefitS

12.—(1) The persons mentioned in paragraph (2) must inform the Scottish Ministers of a change of circumstances affecting a beneficiary’s entitlement to benefit under these Regulations.

(2) The persons are—

(a)where the benefit is paid to a person other than the beneficiary under and in accordance with regulation 11(5) or regulation 12A(1)(b), the person to whom the benefit is paid, or

(b)in any other case, the beneficiary.]

Textual Amendments

Commencement Information

I12Reg. 12 in force at 12.8.2019, see reg. 1(2)

[F45Appointment of a person to act on behalf of an individualS

12A.—(1) The Scottish Ministers may appoint a person (“an appointee”)—

(a)to—

(i)act on behalf of an individual described in regulation 7 or 7A in connection with the determination of that individual’s entitlement to benefit under and in accordance with these Regulations, or

(ii)act on behalf of an individual responsible for a child described in regulation 8 (as read with regulation 11(4)) in connection with the determination of that child’s entitlement to benefit under and in accordance with these Regulations, and

(b)to be paid benefit on the individual’s behalf.

(2) The Scottish Ministers may only appoint an appointee if it appears to them that either paragraph [F46(3), (4) or (4A)] applies.

(3) This paragraph applies if—

(a)the individual is deceased, and

(b)there is no executor appointed on the individual’s estate.

(4) This paragraph applies if, in relation to the matters mentioned in paragraph (1)—

(a)the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,

(b)there is no guardian acting or appointed under that Act,

(c)the individual’s estate is not being administered by a judicial factor, and

(d)there is no other person who has authority to act on behalf of the individual and is willing to do so.

[F47(4A) This paragraph applies if—

(a)the individual is under 16 years of age, and

(b)it appears to the Scottish Ministers that there is no person who—

(i)has authority to act on behalf of the individual,

(ii)resides with, and has care of, the individual, and

(iii)is willing, and practicably able, to act on the individual’s behalf in relation to the matters mentioned in paragraph (1).]

(5) An individual who is under 16 years may not be appointed as an appointee.

(6) Where an appointee is appointed in relation to an individual [F48who is 16 years of age or over]—

(a)the appointee can do anything that the individual could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

(b)the Scottish Ministers may request that the appointee provide them with information that they may otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

(c)any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.

[F49(6A) Where an appointee is appointed to act on behalf of an individual who is under 16 years of age—

(a)the appointee can do anything that a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual’s entitlement to benefit could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

(b)the Scottish Ministers may request that the appointee provide them with information that they might otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

(c)any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.]

(7) The Scottish Ministers may terminate an appointment under this regulation at any time.

(8) The Scottish Ministers must consider whether to terminate an appointment made by virtue of paragraph (3) if requested to do so by anyone who appears to the Ministers to have an interest in the financial affairs of the individual.

(9) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4), or to terminate such an appointment, if requested to do so by—

(a)the individual, or

(b)anyone else who appears to the Ministers to—

(i)have authority to act on behalf of the individual, or

(ii)have an interest in the welfare or financial affairs of the individual.

[F50(9A) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4A), or to terminate such appointment, if requested to do so by—

(a)the individual, or

(b)anyone else who appears to the Ministers to—

(i)have authority to act on behalf of the individual,

(ii)reside with, and have care of the individual, or

(iii)have an interest in the welfare or financial affairs of the individual.]

(10) Paragraph (11) applies where the Scottish Ministers are deciding whether to make an appointment by virtue of paragraph (4) [F51or (4A)] or to terminate such an appointment.

(11) In making the decision, the Scottish Ministers must, insofar as practicable, have regard to—

(a)the wishes and feelings of the individual, F52...

(b)the views of anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the [F53individual, and]

[F54(c)where the individual is under 16 years of age, the views of anyone who is a relevant person in relation to the individual within the meaning of section 200 of the Children’s Hearings (Scotland) Act 2011.]

(12) A person appointed by the Scottish Ministers under and in accordance with section 85B of the 2018 Act may be treated by them as an appointee of—

(a)an individual described in regulation 7 or 7A, or

(b)a person who is responsible for an individual described in regulation 8,

in connection with the determination of the individual’s entitlement to benefit under these Regulations.

[F55(12A) A person appointed by the Scottish Ministers under and in accordance with section 85A of the 2018 Act may be treated by them as an appointee of an individual under 16 years of age in connection with the determination of the individual’s entitlement to benefit under these Regulations.]

(13) In respect of decisions in relation to appointees for the purposes of this regulation, the Scottish Ministers must act in accordance with guidelines prepared for the purposes of section 85C of the 2018 Act as if the references in those guidelines [F56to appointments under that Act] were references to appointments under these Regulations.

(14) A person appointed under this regulation must have regard to any guidance issued by the Scottish Ministers about the way in which the role of appointee should be carried out.

(15) In this regulation, “the 2018 Act” means the Social Security (Scotland) Act  2018.]

Textual Amendments

PART 5SBenefit to be given

Value of benefitS

13.—[F57(1) The benefit to which an individual described in regulation 7, 7A or 7B is entitled is a payment to the value of [F58£5.30] (“the basic rate”)  for each week that individual is so  entitled.]

(2) The benefit to which a child described in regulation 8(1)(a) [F59or 8(1)(b)] is entitled is [F60payment] for Best Start Foods to the value of—

(a)[F61double the basic rate] for each week that the child is so entitled until the child has reached the age of one year, or has reached the first anniversary of their estimated date of delivery, whichever occurs later,

(b)[F62the basic rate] for each week thereafter that the child is so entitled until the child has reached the age of 3 years.

[F63(3) A child, as described in regulation 8, is entitled to the full amount of payment for the week in which they reach the age of 3 years.]

Textual Amendments

Commencement Information

I13Reg. 13 in force at 12.8.2019, see reg. 1(2)

[F64Form in which benefit is givenS

14.—(1) Subject to paragraph (2), the payment mentioned in regulation 13 is to be given in the form of a payment card.

(2) Where the Scottish Ministers consider it appropriate, they may pay the beneficiary an amount equal to the value on the payment card mentioned in paragraph (1).

(3) Where paragraph (2) applies, an individual is not entitled to the credit on the payment card mentioned in paragraph (1).]

Textual Amendments

Commencement Information

I14Reg. 14 in force at 12.8.2019, see reg. 1(2)

Supporting breastfeedingS

15.  Credit issued to a beneficiary who is a breastfed child may be used by the breastfeeding mother to purchase Best Start Foods for consumption by her.

Commencement Information

I15Reg. 15 in force at 12.8.2019, see reg. 1(2)

Property in payment cardS

16.—(1) Every payment card is the property of the Scottish Ministers.

(2) Any person in possession of a payment card must, if requested to do so by the Scottish Ministers, produce or deliver the card within such time and to such place as the Scottish Ministers may specify.

Commencement Information

I16Reg. 16 in force at 12.8.2019, see reg. 1(2)

PART 6SApplication of enactments and offences

Application of enactments - offencesS

17.—(1) Section 112 (false representation for obtaining benefit) and section 113 (breach of regulations) of [F65the 1992 Act] have effect, for the purposes of the administration of the scheme provided for by these Regulations, subject to the modifications in paragraph (2).

(2) The modifications are—

(a)section 112(1) of the 1992 Act is to be read as if—

(i)in subsection (1)—

(aa)“or other payment” were omitted,

(bb)“the relevant social security legislation” were substituted by “a scheme made under section 13 of the Social Security Act 1988”,

(cc)“that legislation” were a reference to “such a scheme”, and

(ii)subsections (1A) to (1F) were omitted.

(b)section 113 is to be read as if, after subsection (1A)(a) there is inserted—

“(aa)section 13 of the Social Security Act 1988 [F66or subordinate legislation made, or having effect as if made, under it];”.

Textual Amendments

Commencement Information

I17Reg. 17 in force at 12.8.2019, see reg. 1(2)

Further offencesS

[F6718.—(1) For the purposes of section 13(9) of the Social Security Act 1988, it is directed that section 113 of the 1992 Act has effect as if paragraph (2) had been made under it, subject to the modification in paragraph (3).

(2) A person who fails to comply with regulation 12 or regulation 16(2) is guilty of an offence under these Regulations.

(3) Section 113(3) of the 1992 Act has effect as if paragraph (b) were omitted.]

Textual Amendments

Commencement Information

I18Reg. 18 in force at 12.8.2019, see reg. 1(2)

[F68PART 6ASProcedural matters

Textual Amendments

When an application is to be treated as madeS

18A.—(1) An application is to be treated as made—

(a)on the day it is received by the Scottish Ministers, or

(b)on the day chosen by the Scottish Ministers in accordance with paragraph (2).

(2) If, before making a decision on the basis of an application, the Scottish Ministers consider that the beneficiary—

(a)would not be entitled to benefit under these Regulations if the application were treated as made on the day they received it, and

(b)would be entitled to benefit under these Regulations if the application were treated as made on a day falling within a period of 10 days beginning with the day they received it,

the Scottish Ministers may choose the day within that 10 day period on which the application is to be treated as made.

Decision following backdated award of assistanceS

18B.—(1) The Scottish Ministers are to make a decision on an individual’s entitlement to benefit under these Regulations (without receiving an application) where the circumstances in paragraphs (2) to (6) apply.

(2) The Scottish Ministers have previously made a decision that the individual is not entitled to benefit under these Regulations (“the original decision”).

(3) The original decision was made on or after 26 February 2024.

(4) The Scottish Ministers establish that a backdated award of assistance of a kind specified in—

(a)regulation 5(2)(a) is made in circumstances in which regulation 5(2)(b) applies, or

(b)regulation 10 is made.

(5) The award referred to in paragraph (4) (“the backdated award”) is backdated to a day, or a period that begins on a day, that falls no later than the day on which the original decision was made.

(6) Had the backdated award been made before the original decision, a decision that the individual is entitled to benefit under Regulations would have been made.

(7) For the purposes of this regulation, an award is backdated if it relates to a day, or a period that begins on a day, that falls before the day the decision to make the award was taken.

(8) In making a decision required by paragraph (1) the Scottish Minsters are to use—

(a)the information provided in the application that led to the original decision, and

(b)any other information they have obtained in connection with that application.

(9) Where a decision is to be, or has been, made without an application by virtue of paragraph (1), an individual’s entitlement to benefit under these Regulations begins on the day the application that led to the original decision was made.]

PART 7SAmendments, transitional arrangements and revocations

Amendment to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005S

19.—(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 M19 are amended as follows.

(2) In regulation 4 (claim for benefit), after paragraph (1) insert—

“(1A) No application for a claim for benefit under this regulation may be made on or after 12 August 2019.”.

Commencement Information

I19Reg. 19 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

Transitional arrangementsS

20.—(1) The benefit to which a child described in this regulation is entitled is credit for Best Start Foods.

(2) For the purposes of this regulation a child so described is a child—

(a)who is under 4 years of age,

(b)who was 2 years of age or over at the date of application,

(c)who was in receipt of benefit under the 2005 Regulations, as they apply to Scotland, either—

(i)at the date of application, or

(ii)less than 12 weeks prior to the date of application, and

(d)for whom an individual described in paragraph (3) is responsible.

(3) For the purposes of paragraph (2) the individual—

(a)is, or is the partner or dependant of an individual who is, in receipt a kind of assistance mentioned in regulation 10, including an individual who has been awarded a kind of assistance but has not yet received payment, and

(b)made an application under these Regulations on or before the 31 March 2020.

(4) The benefit to which a child described in this regulation is entitled is credit for Best Start Foods to the value of [F69£4.50] per week for each week that the child is entitled until the child has reached 4 years of age.

(5) For the purposes of this regulation, “date of application” means the date on which an application made under these Regulations is received by the Scottish Ministers.

Textual Amendments

Commencement Information

I20Reg. 20 in force at 12.8.2019, see reg. 1(2)

RevocationsS

21.  The instruments listed in column 1 of the table in schedule 2 are revoked to the extent specified in the corresponding entry in column 3 of that table.

Commencement Information

I21Reg. 21 in force at 31.3.2020, see reg. 1(2)

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Regulation 2

SCHEDULE 1SBEST START FOODS

Commencement Information

I22Sch. 1 in force at 12.8.2019, see reg. 1(2)

Column 1Category of foodColumn 2Type of food
MilkPlain liquid cow's milk, including long life, pasteurised or ultra-heat treated varieties of milk, but not milk to or from which chemicals, vitamins, flavours or colours have been added or removed.
First infant formula milkM20M21Infant formula based on cow's or goat's milk intended for particular nutritional use from birth by infants in good health F70....
Fruit and vegetablesFresh, frozen or canned fruit or vegetables, including loose, pre-packed, whole, sliced, chopped, or mixed fruit or vegetables, but not fruit or vegetables to which fat, salt, sugar, flavouring or any other ingredient has been added.
PulsesFresh, dried or canned pulses, including but not limited to lentils, beans, peas and barley, but not those to which fat, salt, sugar, flavouring or any other ingredient has been added.
EggsFresh eggs

Textual Amendments

Marginal Citations

Regulation 21

SCHEDULE 2SREVOCATIONS

Commencement Information

I23Sch. 2 in force at 31.3.2020, see reg. 1(2)

Column 1Instrument revokedColumn 2ReferenceColumn 3Extent of revocation
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005S.I. 2005/3262Regulations 3, 4, 5(2), 5A, 6, 7, 7A, 8, 8A, 9(4)(c), 10, 17, 18 and schedule 2
The Healthy Start Scheme and Welfare Food (Amendment No. 2) Regulations 2006S.I. 2006/2818Regulations 4, 5, 6, 7 and 8
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008S.I. 2008/408The whole Regulations
The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008S.I. 2008/1879Regulation 10(3) and 10(4)
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2009S.I. 2009/295The whole Regulations
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2010S.I. 2010/434The whole Regulations
The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013S.I. 2013/235Paragraph 91(3) of schedule 2
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2016S.I. 2016/985The whole Regulations
The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017S.I. 2017/1032Regulation 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for a scheme to provide benefits for pregnant women and children.

Part 1 deals with citation, commencement and extent. These Regulations extend to Scotland only.

Part 2 provides for general interpretation.

Part 3 of the Regulations provides for the interpretation of certain expressions used in the Regulations concerning interpersonal relationships.

Part 4 sets out who is eligible to receive the benefit and procedural matters relating to the application for benefit and change of circumstances.

Part 5 is concerned with the value and form of the benefit to be given under the Regulations.

Part 6 makes provision for application of certain enactments and offences.

Part 7 makes consequential amendments and revocations to various secondary legislation. Regulation 19 makes a consequential amendment to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (“the 2005 Regulations”) to prevent new applications for benefit under the 2005 Regulations in Scotland following the coming into force of these Regulations. Regulation 20 makes provision for transitional arrangements. Regulation 21 revokes certain provisions of the 2005 Regulations and secondary legislation that amended those Regulations. The revocations made by regulation 21 take effect on 31 March 2020.

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