The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 117

Food

The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2019

Made

10th June 2019

Coming into operation

11th June 2019

The Department of Health(1) makes the following Regulations in exercise of the powers conferred by Article 13(1) to (4), (6) and (8) of the Social Security (Northern Ireland) Order 1988(2) and section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 11th June 2019.

(2) In these regulations “the principal Regulations” means the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006(4).

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of regulation 3 of the principal Regulations

2.—(1) Regulation 3 of the principal Regulations (Healthy Start Scheme interpretation) is amended as follows.

(2) In paragraph (1)—

(a) before the definition of “beneficiary” insert—

““additional amount for a child or qualifying young person” means the additional amount of state pension credit applicable for claimants responsible for a child or a qualifying young person pursuant to regulation 6(6)(d) of, and Schedule 2A to, the State Pension Credit Regulations (Northern Ireland) 2003(6);”;

(b) after the definition of “relevant income” insert—

““state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002(7);”.

Amendment of regulation 4 of the principal Regulations

3.—(1) Regulation 4 of the principal Regulations (entitlement to benefit)(8) is amended as follows.

(2) In paragraph (3)—

(a) after sub-paragraph (aa) insert—

“(ab) a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who—

(i) is entitled to state pension credit;

(ii) is a member of a couple where the other member of that couple is entitled to state pension credit; or

(iii) is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003(9)) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;”;

(b) in sub-paragraph (c)(i)—

(i) before “before the” insert “immediately”;

(ii) after “receipt of” insert “, or is a member of the family of a person who was entitled to and in receipt of,”;

(c) after sub-paragraph (da) insert—

“(db) a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who—

(i) is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

(ii) is a member of a couple where the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or

(iii) is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;”;

(d) in sub-paragraph (f)—

(i) at the end of paragraph (i) omit “or”;

(ii) paragraph (ii) is renumbered as paragraph (iii);

(iii) after paragraph (i) insert—

“(ii) who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or”.

(3) In paragraph (4), for “or (da)” substitute “, (da) or (db)”.

(4) In paragraph (5), for “or (da)” substitute “, (da) or (db)”.

(5) In paragraph (11)—

(a) after the definition of “assessment period” insert—

““couple” has the meaning given in regulation 1 of the State Pension Credit Regulations (Northern Ireland) 2003(10);”;

(b) in the definition of “relevant child”—

(i) at the end of sub-paragraph (a)(ii) omit “or”;

(ii) in sub-paragraph (b), before “is the responsibility” insert “who”;

(iii) at the end of sub-paragraph (b) insert “or”;

(iv) after sub-paragraph (b) insert—

“(c) who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;”.

Amendment of regulation 5 of the principal Regulations

4.—(1) Regulation 5 of the principal Regulations (claim for benefit)(11) is amended as follows.

(2) After paragraph (3A) insert—

“(3B) A mother who—

(a) immediately before the birth of her child was—

(i) entitled to state pension credit;

(ii) a member of a couple where the other member of that couple was entitled to state pension credit; or

(iii) the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who was entitled to state pension credit which included the additional amount for a child or qualifying young person; and

(b) has parental responsibility for the child whose date of birth has not been notified to the Department and in respect of whom the period of 4 months from the estimated date of delivery has not passed,

may become entitled to benefit from the date of birth of the child, provided that she has not submitted a claim as a mother described in regulation 4(3)(db).”

Amendment of Schedule 1 to the principal Regulations

5.—(1) Schedule 1 to the principal Regulations (application for benefit)(12) is amended as follows.

(2) In paragraph 1—

(a) omit sub-paragraph (b);

(b) at the end of sub-paragraph (c) for “.” substitute “; and”;

(c) after sub-paragraph (c) insert—

“(d) where the pregnant woman or mother is not entitled to a social security benefit or tax credit mentioned in regulation 4, the name, address and national insurance number of—

(i) the member of the family of the pregnant woman, mother or child described in regulation 4(3)(a), 4(3)(d) or 4(3)(e);

(ii) the other member of the couple described in regulation 4(3)(ab)(ii) or 4(3)(db)(ii); or

(iii) the person responsible for the pregnant woman, mother or child described in regulation 4(3)(aa)(ii), 4(3)(ab)(iii), 4(3)(da)(ii), 4(3)(db)(iii) or 4(3)(f).”.

(3) In paragraph 4—

(a) after sub-paragraph (1A) insert—

“(1AA) A claim in respect of a pregnant woman described in regulation 4(3)(ab)(i) must include a declaration signed by the claimant that the pregnant woman is entitled to state pension credit.

(1AB) A claim in respect of a pregnant woman who is a member of a couple described in regulation 4(3)(ab)(ii) must include a declaration signed by the claimant that the other member of that couple is entitled to state pension credit.

(1AC) A claim in respect of a mother described in regulation 4(3)(db)(i) must include a declaration signed by the claimant that the mother is entitled to state pension credit which includes the additional amount for a child or qualifying young person.

(1AD) A claim in respect of a mother who is a member of a couple described in regulation 4(3)(db)(ii) must include a declaration signed by the claimant that the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person.”.

(b) After sub-paragraph (1B) insert—

“(1BA) A claim in respect of a pregnant woman described in regulation 4(3)(ab)(iii), or a mother described in regulation 4(3)(db)(iii), must include a declaration signed by the claimant that the pregnant woman, or mother, as the case may be, is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.”.

(c) After sub-paragraph (1C) insert—

“(1CA) A claim in respect of a child described in regulation 4(3)(f)(ii) must include a declaration signed by the claimant that the child is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.”.

(d) In sub-paragraph (1D)—

(i) for “regulation 4(3)(f)(ii)” substitute “regulation 4(3)(f)(iii)”;

(ii) at the end of paragraph (a)(iii) omit “or”;

(iii) at the end of paragraph (b) for “.” substitute “;or”;

(iv) after paragraph (b) insert—

“(c) is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person entitled to state pension credit which includes the additional amount for a child or qualifying young person.”.

(e) In sub-paragraph (1F)—

(i) after “(1A)” insert “, (1AA), (1AB), (1AC), (1AD)”;

(ii) after “(1B)” insert “, (1BA)”;

(iii) after “(1C)” insert “, (1CA)”.

Sealed with the Official Seal of the Department of Health on 10th June 2019

(L.S.)

Liz Redmond

A senior officer of the

Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006 (S.R. 2006 No. 478) (“the principal Regulations”) which establish a scheme to improve nutrition in pregnant women, mothers and young children by providing vouchers for certain basic foods and vitamins.

Regulation 3 amends regulation 4 of the principal Regulations to introduce the following new categories of claimant:

• a pregnant woman who is aged 18 or over and entitled to state pension credit;

• a pregnant woman who is aged 18 or over and is a member of a couple where the other member of that couple is entitled to state pension credit;

• a pregnant woman who is aged 18 or over and is the responsibility of a person who is entitled to state pension credit which includes the additional amount that those who have responsibility for a child or a qualifying young person may be entitled to as part of their state pension credit award (“the additional amount for a child or qualifying young person”);

• a mother who is aged 16 and over and has a child under the age of 1 and who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

• a mother who is aged 16 and over and has a child under the age of 1 and who is a member of a couple where the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

• a mother who is aged 16 and over and has a child under the age of 1 and who is the responsibility of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

• a child who is under the age of 4 who is the responsibility of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person;

• a child who is under the age of 4 for whom a relevant child (defined to include a child who is the responsibility of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person) has parental responsibility.

Regulation 4 amends the provisions on making a claim for benefit in respect of the categories of claimant being introduced by these Regulations.

Regulation 5 provides further clarification on the information needed for an application for benefit and also provides for the inclusion of a signed declaration in a claim for benefit under the principal Regulations by the categories of claimant being introduced by these Regulations.

An impact assessment has not been prepared for this statutory rule as no impact on the private or voluntary sector is foreseen.

(1)

Formerly the Department of Health, Social Services and Public Safety, see 2016 c. 5 (N.I.), section 1(5)

(2)

S.I. 1988/594 (N.I. 2) Article 13 is substituted by Article 3 of S.I. 2003/3202 (N.I. 19) see S.R. 2006 No. 418 (C. 24) as amended by S.R. 2006 No. 437 (C. 26)

(3)

1992 c. 7, section 171 (2) to (5) is applied by Article 15A of the Social Security (Northern Ireland) Order 1988, which Article was inserted by Article 22(1) of, and paragraph 6(9) of Schedule 6 to, the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)), and amended by section 4 of, and paragraph 35(4) and (5) of Schedule 2 to, the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), and Article 3(2) of S.I. 2003/3202 (N.I. 19)

(4)

S.R. 2006 No. 478 as amended by S.R. 2007 No. 188, S.R. 2008 No. 131 and 412, S.R. 2009 No. 87, S.R. 2010 No. 98, S.R. 2011 No. 41, S.R. 2011 No. 320, S.I. 2012/1916, S.R. 2013 No. 178 and S.R. 2017 No. 200

(5)

1954 c. 33 (N.I.)

(6)

S.R. 2003 No. 28. Relevant amending instrument is S.R. 2018 No. 135

(7)

2002 c. 14 (N.I.)

(8)

Relevant amending instruments are S.R. 2008 No. 131 and 412, S.R. 2009 No. 87, S.R. 2010 No. 98, S.R. 2017 No. 200

(9)

Schedule 2A was inserted by regulation 2(3) of S.R. 2018 No. 135

(10)

The definition of “couple” in regulation 1 was inserted by S.R. 2005 No. 536

(11)

Regulation 5 was amended by S.R. 2017 No. 200

(12)

Relevant amending instruments are S.R. 2008 No. 412, S.R. 2009 No. 87, S.R. 2010 No. 98 and S.R. 2017 No. 200