The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (“the principal Regulations”) which make provision for a scheme to provide payments for the benefit of pregnant women, mothers and children.

Regulation 2(2)(b) adds a definition of “state pension credit” to regulation 2 of the principal Regulations and regulation 2(10)(c)(i) omits the definition from regulation 10(3) of the principal Regulations.

Regulation 2(3) corrects minor drafting errors in regulation 5 of the principal Regulations and adds a definition of “child benefit” for the purposes of that regulation.

Regulation 2(4)(c) inserts a new regulation 6(4) into the principal Regulations. Regulation 6(4) makes provision for an individual’s entitlement to benefit where the individual is entitled by virtue of a kind of assistance mentioned in regulation 10(1)(a) to (g) of the principal Regulations, and entitlement to that assistance ends.

Regulation 2(5) amends regulation 7 of the principal Regulations, to provide that a pregnant woman, who is an 18 or 19 year old dependant (within the meaning of regulation 5 of the principal Regulations), is entitled to benefit provided they meet the residence requirement in regulation 9.

Regulation 2(6) substitutes a new regulation 7A into the principal Regulations. Regulation 7A makes provision for entitlement to benefit for the partner of a pregnant woman. The individual is only entitled if the payment is to be used for the benefit of the pregnant woman.

Regulation 2(7) inserts a new regulation 7B into the principal Regulations. Regulation 7B makes provision for entitlement to benefit for the individual responsible, or their partner, of a pregnant woman who is entitled to benefit by virtue of regulation 7 of the principal Regulations, provided the payment is to be used for the benefit of the pregnant woman. Consequential amendments in connection with regulation 2(7) are made in paragraphs (3), (4)(a), (4)(b), (11)(d) and (14)(a)(i) of regulation 2.

Regulation 2(8) amends regulation 8 of the principal Regulations to make provision for entitlement of children under 3, where the individual responsible for the child is either a dependant who is 18 or 19 years of age, or was entitled to benefit as either a pregnant woman or the partner of a pregnant woman and who was under 18 years old or a dependant at the time of the pregnancy.

Regulation 2(9)(a) amends regulation 9(1)(b) of the principal Regulations to provide that an individual who is a dependant must meet the residence requirement in regulation 9(2), where neither the individual nor their partner has been awarded a kind of assistance mentioned in regulation 10. Regulation 2(9)(b) makes consequential amendment to regulation 9(2)(aa) of the principal Regulations following the revocation of the Immigration (European Economic Area) Regulations 2016.

Regulation 2(10)(a) amends regulation 10 of the principal Regulations to remove the income thresholds that applied to certain forms of assistance and to add working tax credit as a form of assistance. Regulation 2(10)(c)(i) is a consequential amendment connected to regulation 2(10)(a). Regulation 2(10)(c)(ii) inserts definitions for income-based jobseeker’s allowance, income-related employment and support allowance and income support.

Regulation 2(10)(b) inserts new paragraphs (2A) and (2B) into regulation 10 of the principal Regulations. Paragraph (2A) provides that an individual is not to be regarded as having been awarded a kind of assistance where the award was made in error, or the sum awarded to the individual is £0. Paragraph (2B) provides that liabilities and sanctions are to be disregarded when determining the sum awarded.

Regulation 2(11)(b) substitutes a new regulation 11(1A) and inserts a new regulation 11(1B) into the principal Regulations to provide that where there is a competing claim to benefit between a pregnant woman and her partner and/or the person responsible for the pregnant woman (or their partner), the pregnant woman is to receive the benefit. Regulation 2(11)(b) also inserts new paragraph (1C) into regulation 11 of the principal Regulations. Paragraph (1C) provides that, where two or more individuals described in regulation 7A or 7B apply to benefit in respect of the same pregnancy, the Scottish Ministers must decide which of the individuals is entitled by having regard to the circumstances of the pregnant woman, and stop any payment to the individual the Scottish Ministers decide is not entitled.

Regulation 2(11)(c) substitutes a new paragraph (2) and inserts a new paragraph (2A) into regulation 11 of the principal Regulations. Paragraphs (2) and (2A) provide that a child described in regulation 8 and who is under 4 months of age is entitled to benefit payable from the date of their birth where the individual responsible for them notifies the Scottish Ministers of their date of birth, and that individual was entitled to benefit by virtue of regulation 7, 7A or 7B, before the child’s birth.

Regulation 2(11)(e) substitutes a new regulation 11(4) into the principal Regulations, to provide that the individual responsible for a child described in regulation 8, or their partner, may act on behalf of the child for the purpose of the principal Regulations.

Regulation 2(11)(f) inserts new paragraphs (5) and (6) into regulation 11 of the principal Regulations. Paragraph (5) provides that where the Scottish Ministers consider it appropriate, they may give the benefit to another individual to be used for the benefit of the beneficiary. Paragraph (6) provides that where the Scottish Ministers consider it no longer appropriate, for any reason, they may stop giving the benefit to that person.

Regulation 2(12) substitutes a new regulation 12 into the principal Regulations to provide which persons are under the duty to report a change of circumstances in accordance with regulation 12(1).

Regulation 2(13) amends regulation 12A of the principal Regulations to expand the Scottish Ministers’ power to appoint a person to act on behalf of an individual, in certain circumstances, in accordance with regulation 12A(1), to include where the individual described in regulation 12A(1) is an individual under 16 years old. This power does not prevent an individual under 16 years of age from acting on their behalf.

Regulation 2(14)(a) and (b) make technical amendments to regulation 13 of the principal Regulations to provide the value of the benefit to which an individual is entitled. Regulation 2(14)(c) substitutes a new paragraph (3) to provide the rate of entitlement for a child entitled by virtue of regulation 8(1)(b) of the principal Regulations.

Regulation 2(15) amends regulation 14 of the principal Regulations to provide an exception to the rule that the credit mentioned in regulation 13 is to be given in the form of a payment card.

Regulation 2(16) inserts Part 6A (procedural matters) into the principal Regulations, which comprises regulations 18A and 18B. Regulation 18A provides when an application is to be treated as made by the Scottish Ministers. Regulation 18B imposes a duty on the Scottish Ministers to make a decision, without having received an application, in the circumstances in which they establish that a backdated award of assistance of the kind specified in regulation 5(2)(a) and regulation 10 is made. Regulation 2(11)(a) of these Regulations is a consequential amendment connected to regulation 16.

Regulation 3 makes transitional provision in respect of applications that were made before these Regulations come into force, but have not been decided by the Scottish Ministers.

Regulation 4 makes transitional provision in respect of the treatment of individuals who are entitled to benefit in respect of an application made before these Regulations come into force.