The Welfare Foods (Amendment) Regulations (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 397

WELFARE FOODS

The Welfare Foods (Amendment) Regulations (Northern Ireland) 1999

Made

27th September 1999

Coming into operation

5th October 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 13(3) and (4) of the Social Security (Northern Ireland) Order 1988(1) and section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) and all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Welfare Foods (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 5th October 1999.

(2) In these Regulations “the principal Regulations” means the Welfare Foods Regulations (Northern Ireland) 1988(3).

Amendment of regulation 1 of the principal Regulations

2.  In regulation 1(2) of the principal Regulations (interpretation), after the definition of “welfare milk supply” there shall be inserted the following definition—

““working families' tax credit” means working families' tax credit under section 127 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4);”.

Amendment of regulation 4 of the principal Regulations

3.—(1) Regulation 4 of the principal Regulations (purchase of dried milk at a reduced price) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraphs—

“(1) Subject to paragraph (1A), any person who is entitled, or is a member of a family of a person who is entitled, to family credit awarded with effect from a date falling before 5th October 1999 or to working families' tax credit and who is responsible for a child who—

(a) is not entitled to dried milk or milk under regulation 2;

(b) is under the age of one year, and

(c) is also a member of the family of the person who is entitled to family credit or working families' tax credit,

shall be entitled to purchase at any clinic, on behalf of that child, at a price of £3£90, 900 grams of dried milk per week for personal consumption by that child.

(1A) Where the appropriate maximum working families' tax credit determined by virtue of section 127(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in a person’s case is reduced by virtue of section 127(2)(b) of that Act on account of his income exceeding his applicable amount, that person shall be regarded as entitled to working families' tax credit for the purposes of paragraph (1), only if the reduction does not exceed £70.00.”.

(3) In paragraph 4(a), after the words “family credit” there shall be inserted the words, “awarded with effect from a date falling before 5th October 1999 or to working families' tax credit”.

Amendment of regulation 6 of the principal Regulations

4.  In regulation 6(2) of the principal Regulations (issue of milk tokens), after the words “dried milk” where they appear for the second time there shall be inserted the following words, “or whether they may be used for either liquid or dried milk”.

Amendment of regulation 9 of the principal Regulations

5.  In regulation 9(1) of the principal Regulations (inability to purchase dried milk at a reduced price), after the words “family credit”, there shall be inserted the words, “working families' tax credit”.

Amendment of Schedule 1 of the principal Regulations

6.  In Schedule 1 of the principal Regulations (dried milk specified for the purposes of these Regulations)—

(a) in column (1) after the entry to Aptamil there shall be inserted “Aptamil Extra”; and

(b) in column (2) against the entry relating to “Aptamil Extra” there shall be inserted “Milupa Ltd”.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

W. B. Smith

Assistant Secretary

27th September 1999.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Welfare Foods Regulations (Northern Ireland) 1988 (the principal Regulations) consequent on the introduction of working families' tax credit with effect from 5th October 1999.

Amendments to regulations 4 and 9 of the principal Regulations limit entitlement to purchase 900 grams of dried milk per week at a reduced price to recipients of family credit awarded with effect from a date falling before 5th October 1999 but extends that entitlement to recipients of working families' tax credit, where the appropriate maximum is not reduced below £70, and to certain members of the family of such persons.

Regulation 3(2) amends regulation 4(1) of the principal Regulations to increase the price payable for dried milk by a person entitled to purchase it at a reduced price, from £3£85 to £3£90 for 900 grams per week.

Regulation 4 amends regulation 6(2) to enable tokens to indicate on their face that they may be used for either liquid or dried milk.

Regulation 6 amends Schedule 1 to the principal Regulations to specify Aptamil Extra as an additional brand of dried milk.

(1)

S.I. 1988/594 (N.I. 2); Article 13(4) was amended by section 4 of and paragraph 35(1) of Schedule 2 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

(2)

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

(3)

S.R. 1988 No. 137, the relevant amending regulations are S.R. 1993 No. 219 and S.R. 1998 No. 210

(4)

Section 127 was amended by section 1(2) of, and paragraph 4(9) of Schedule 1 to, the Tax Credit Act 1999 (c. 10)