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

PART 4 S Entitlement

General S

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

(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.

Commencement Information

I1 Reg. 6 in force at 12.8.2019, see reg. 1(2)

Pregnant women S

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 or dependant 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

(b) a pregnant woman under 18 years of age, provided that she meets the residence requirement in regulation 9.

(2) If an individual described in paragraph (1)(b) reaches the age of 18 years before the end of her pregnancy she remains entitled to benefit until the end of that pregnancy.

Commencement Information

I2 Reg. 7 in force at 12.8.2019, see reg. 1(2)

Children S

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

(a) a child who is—

(i) under 3 years of age,

(ii) for whom another individual is responsible, and

(iii) that other individual is, or is the partner or dependant of another 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

(b) a child who is—

(i) under one year of age, or whose first anniversary of their estimated date of delivery has not yet passed,

(ii) for whom another individual is responsible, and

(iii) that other individual is under 18 years of age and meets the residence requirement set out in regulation 9.

(2) A child described in paragraph (1)(b) remains entitled to benefit until they are one year of age, including where the individual responsible for them has turned 18 years of age before the child's first birthday.

Commencement Information

I3 Reg. 8 in force at 12.8.2019, see reg. 1(2)

Residence requirement S

9.—(1) The residence requirement is—

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

(b) where neither the individual, the individual's partner nor the person on whom the individual is dependent 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 [F1 or the Isle of Man],

[F2 (aa) a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—

(i) is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(ii) retains the status referred to in head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(iii) is a family member of a person referred to in head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;

(iv) has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or

(v) 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.]

(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 M1 , where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the destitution domestic violence concession, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 M2 ,

(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) M3 , 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.

Textual Amendments

F1 Words in reg. 9(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 4(2)(a)

F2 Reg. 9(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 4(2)(b)

Commencement Information

I4 Reg. 9 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M1 1971 c.77.

M2 S.I. 2005/1379, which is prospectively revoked by regulation 52 of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745).

M3 1999 c.33.

Kinds of assistance S

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

(a) child tax credit, where the relevant income of the individual or individuals to whom the award of child tax credit is made is determined at the time of the award not to exceed [F3 £16,480] per annum,

(b) child tax credit and working tax credit, where—

(i) the relevant income if the person or persons to whom the award of tax credit is made is determined at the time of the award not to exceed [F4 £7,500], or

(ii) the person or persons entitled to the award is or are being treated as engaged in qualifying remunerative work by virtue of regulation 7D of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M4 ,

(c) housing benefit, where the weekly income calculated under regulation 27 of the Housing Benefit Regulations 2006 M5 of the person or persons to whom the award of housing benefit is made does not exceed [F5 £317],

(d) income-based jobseeker's allowance,

(e) income-related employment and support allowance,

(f) income support,

(g) state pension credit,

(h) universal credit, where—

(i) the person is a single claimant of universal credit and has an earned income of [F6 £625] or less, or

(ii) the person is one of joint claimants of universal credit and the joint claimants have combined earned income of [F6 £625] or less 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.

(3) In this regulation—

“earned income” means a person's earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations 2013 M6 ,

“housing benefit” means housing benefit provided by virtue of a scheme under section 123(1) of the Social Security Contributions and Benefits Act 1992 M7 ,

“relevant income” has the same meaning as in section 7(3) of the Tax Credits Act 2002 M8 ,

“state pension credit” means state pension credit provided for by the State Pension Credit Act 2002 M9 , and

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

Textual Amendments

F3 Sum in reg. 10(1)(a) substituted (1.8.2021) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/221), regs. 1, 3(a)

F4 Sum in reg. 10(1)(b)(i) substituted (1.8.2021) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/221), regs. 1, 3(b)

F5 Sum in reg. 10(1)(c) substituted (1.8.2021) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/221), regs. 1, 3(c)

F6 Sum in reg. 10(1)(h) substituted (1.8.2021) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/221), regs. 1, 3(d)

Commencement Information

I5 Reg. 10 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M4 S.I. 2002/2005. Regulation 7D was inserted by S.I. 2009/1829 and amended by S.I. 2012/848.

M5 S.I. 2006/213.

M6 S.I. 2013/376.

M7 1992 c.4. Section 123(1) was relevantly amended by paragraph 1(1) of schedule 9 of the Local Government Finance Act 1992 (c. 14).

M8 2002 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.

M9 2002 c.16.

Entitlement – further provision S

11.—(1) Subject to paragraph (2), no beneficiary is entitled to benefit under these Regulations unless an application for such benefit has been approved by the Scottish Ministers.

(2) Where an individual described in regulation 7, who has responsibility for a child described in regulation 8 and that child is under 4 months of age, notifies the Scottish Ministers of the date of birth of the child, that child is entitled to benefit payable from the date of their birth.

(3) If an individual described in regulations 7, 8 or 20—

(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.

(4) Where any provision of these Regulations requires or enables anything to be done in respect of a beneficiary and that beneficiary is a child, the provision is deemed to refer to an individual who is responsible for that child.

Commencement Information

I6 Reg. 11 in force at 12.8.2019, see reg. 1(2)

Change of circumstances affecting entitlement to benefit S

12.  An individual who is no longer entitled to benefit under these Regulations due to a change in circumstances must inform the Scottish Ministers of that change without delay.

Commencement Information

I7 Reg. 12 in force at 12.8.2019, see reg. 1(2)