2008 No. 408

Food

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008

Made

Laid before Parliament

Coming into force

The Secretary of State for Health makes the following Regulations, in exercise of the powers conferred by section 13 of the Social Security Act 19881 as substituted by the Health and Social Care (Community Health and Standards) Act 20032, and section 175(2) to (5) of the Social Security Contributions and Benefits Act 19923.

In accordance with section 13(2) of the Social Security Act 1988 he has consulted with Scottish Ministers and the Welsh Ministers.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008 and shall come into force on the 6th April 2008.

2

In these Regulations “the principal Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20054.

Amendment of regulation 3 of the principal Regulations2

1

Regulation 3 (entitlement to benefit) of the principal Regulations is amended as follows.

2

In paragraph (3)(a)(iii) and (d)(iii), for the sum of “£14,495” substitute “£15,575”.

3

In paragraph (3)(a)(iii) and (d)(iii), after “and”, insert “except as provided for under paragraph (7)”.

4

For paragraph (3)(e) substitute—

e

a child who—

i

is under the age of four years; and

ii

is a member of the family of a person who—

aa

is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £15,575;and

bb

except as provided for under paragraph (7) is not entitled to working tax credit.

5

In regulation 3 of the principal Regulations, after paragraph (6), add—

7

For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) and paragraph 4(1)(a)(iii) of Schedule 2, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 20025 applies.

Amendment of regulation 8 of the principal Regulations3

In regulation 8 (issue of voucher) of the principal Regulations—

a

in paragraph (3), for the sum of “£2.80” substitute “£3.00”; and

b

after paragraph (3), insert—

3A

Where Regulations amend the amount in paragraph (3), the new amount shall only apply in relation to vouchers issued (not re-issued in respect of a period prior to the date on which the new amount takes effect) after the date of coming into force of the amending regulations.

Amendment to Schedule 2 to the principal Regulations4

For paragraph 4(1)(a)(iii) of Schedule 2 of the principal Regulations, substitute—

iii

child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £15,575, and except as provided under regulation 3(7) the person is not entitled to working tax credit; and

Signed by authority of the Secretary of State for Health

Dawn PrimaroloMinister of StateDepartment of Health
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20056 (“the principal Regulations”).

Regulation 2(2) and (4) increases the upper income level which determines whether a person receiving child tax credit but not working tax credit (subject to the new exception below), is entitled to benefit under the principal Regulations. Regulation 4 amends Schedule 2 to the principal Regulations to make similar provision.

Regulation 2(5) adds a new paragraph (7) to regulation 3 of the principal Regulations, in order to create an exception that allows entitlement to benefit under the principal Regulations, where a person receives working tax credit (in addition to child tax credit) under regulation 7D (ceasing to undertake work or working for less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 20027.

Regulation 3(a) increases the value of vouchers available under the principal Regulations from £2.80 to £3.00. Regulation 3(b) inserts a new paragraph (3A) in regulation 8 of the principal Regulations, which provides that any increase in value of the vouchers made by amending Regulations applies to vouchers issued on or after the date on which the amending regulations come into force. This does not apply in respect of any re-issue of vouchers for any period prior to the date on which the new amount takes effect.

A full impact assessment has not been produced for this instrument as it has no impact on the costs of business.