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

Transitional provisions – treatment of applications made and approved before the coming into force of these Regulations

4.—(1) Where, immediately before the appointed day, an individual is entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being—

(a) an individual described in regulation 7(1)(a), and

(b) a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

the individual is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 7(1)(b) as it has been amended by these Regulations.

(2) Where, immediately before the appointed day, an individual is entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being an individual described in regulation 7(1)(b), the individual is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 7(1)(b) as it has been amended by these Regulations.

(3) Where, immediately before the appointed day, an individual is—

(a) entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being an individual described in regulation 7A,

(b) 18 years of age or older, and

(c) the partner of a pregnant woman who is 18 years of age or older,

the individual is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 7A(1)(a) as it has been inserted into the principal Regulations by these Regulations.

(4) Where, immediately before the appointed day, an individual is—

(a) entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being an individual described in regulation 7A, and

(b) either—

(i) under 18 years of age,

(ii) a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

(iii) the partner of a pregnant woman who is under 18 years of age, or

(iv) the partner of a pregnant woman who is a dependant (within the meaning of regulation 5) and is 18 or 19 years of age,

the individual is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 7A(1)(b) as it has been inserted into the principal Regulations by these Regulations.

(5) Where paragraph (4) applies, paragraph (3) does not apply.

(6) Where, immediately before the appointed day, a child—

(a) who is entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being an individual described in regulation 8(1)(a), and

(b) for whom another individual is responsible, and that individual is, or is the partner 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,

the child is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 8(1)(a) as it has been amended by these Regulations.

(7) Where, immediately before the appointed day, a child—

(a) who is entitled to benefit under regulation 6(1) of the principal Regulations by virtue of being an individual described in regulation 8(1)(a) and 8(1)(b), and

(b) for whom another individual is responsible and that individual, or their partner, is—

(i) under 18 years of age, or

(ii) a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

the child is to be treated, on and after that day, as if they are entitled under regulation 6(1) by virtue of being an individual described in regulation 8(1)(b) as it has been amended by these Regulations.