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

PART 3 S Meaning 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 M1 ).

Commencement Information

I1 Reg. 3 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M1 Section 39 is amended by S.I. 2014/3229.

Meaning of being “responsible” for a child S

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 [F1 or section 54A] of the Human Fertilisation and Embryology Act 2008 M2 ,

(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 M3 ,

(b) an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010 M4 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 M5 ,

(d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987 M6 .

Textual Amendments

F1 Words in reg. 4(1)(c) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(3)

Commencement Information

I2 Reg. 4 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M2 2008 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.

M3 2007 asp 4.

M4 2010 asp 8.

M5 2002 c.38.

M6 S.I. 1987/2203 (N.I.22). Article 3 was amended by section 7 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c.11), paragraph 1(1)(d) of schedule 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1), S.I. 1994/429 and S.I. 2003/431.

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 [F2 sub-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 [F3 in] 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.

[F4 (4) In this regulation “child benefit” means child benefit under section 141 of the Social Security Contributions and Benefits Act 1992.]

Textual Amendments

F2 Words in reg. 5(2)(a)(ii)(bb) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(a) (with regs. 3, 4)

F3 Word in reg. 5(3) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(b) (with regs. 3, 4)

F4 Reg. 5(4) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(c) (with regs. 3, 4)

Commencement Information

I3 Reg. 5 in force at 12.8.2019, see reg. 1(2)

[F5 Meaning 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

F5 Reg. 5A inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(4)