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The Welfare Food (Amendment No. 2) Regulations 2003

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Explanatory Note

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These Regulations further amend the Welfare Food Regulations 1996 (“the principal Regulations”).

Regulation 2 inserts a definition of the Board, as it is the Board who makes decisions about tax credit, and inserts a definition of guarantee credit. It also deletes references to Health Authorities, as Health Authorities no longer exist.

Regulation 3 amends regulation 3(2)(a) and (b) (entitlement to free milk) of the principal Regulations. From 6th October 2003, the pregnant partners of persons entitled to the guarantee credit element of state pension credit will be entitled to free milk for personal consumption. From 18th July 2003, entitlement will be removed for those children in families where the person or persons to whom an award of child tax credit is made is entitled to working tax credit. The entitlement of certain children is similarly curtailed in regulation 4 of the principal Regulations (child under the age of one year—entitlement to free dried milk or milk) (see regulation 4). Similar amendments to the two bases of entitlement are made to regulation 5 (entitlement to free vitamins) in respect of entitlement to free vitamins (see regulation 5).

In addition, regulation 5(2) inserts a new paragraph 5(2)(aa). From 18th July, a mother who is breast-feeding her child under the age of one year who is, or is a member of the family of a person who is entitled to child tax credit and meets the stipulated conditions will be entitled to vitamins.

Regulations 6 and 7 make consequential amendments in relation to evidence of entitlement.

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