The Welfare Food (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

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

Regulation 2(2) amends regulations 3(2)(b)(iii) (entitlement to free milk), 4(1)(c) (child under the age of one year – entitlement to free dried milk or milk), 5(2)(aa), (b)(iii), and (4)(a)(iv) (entitlement to free vitamins), 6(1)(iv) (inability to obtain free vitamins) and 7(1A)(a) (purchase of dried milk at a reduced price) of the principal Regulations. It raises the income level that determines whether persons receiving child tax credit but not working tax credit and who meet other conditions are entitled to milk or dried milk and vitamins, to £13,480.

Regulation 2(3) further amends regulation 7 to raise the maximum income level that determines whether a person entitled to working tax credit and child tax credit, or to child tax credit based on an income of more than £13,480 but not to working tax credit, and who meet other conditions, is entitled to purchase dried milk at a reduced price, to £14,600. Regulation 2(3) also amends regulation 7(1) and (1A) of the principal Regulations to increase the purchase price of 900 grammes of dried milk by 10 pence to £4.25.

Regulation 2(4) amends Schedule 4 to enable the declaration included in an application for special reimbursement pursuant to regulation 17(2) (special reimbursement) to be signed by a person who has direct knowledge of the financial records of the business carried on by the supplier who applies.

Regulations 3 and 4 extend entitlement to milk and vitamins from 1st October 2004 to an expectant mother who is, or is a member of a family of a person who is entitled to child tax credit, but not working tax credit, and whose income is £13,480 or less. From that date, the entitlement of an expectant mother who is not in receipt of an award on 30th September 2004 is dependent on her first having made a claim in writing to the Secretary of State.

Regulation 5 adds a new Schedule 2A to the principal Regulations from 1st October 2004. It sets out the information, evidence and declaration needed for an application for free milk and vitamins for personal consumption by an expectant mother from 1st October.

Regulation 6 revokes previous amending Regulations.

Regulation 7 makes transitional provision.

These regulations do not impose a cost on business.