The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005

Entitlement to benefit

3.—(1) A person described in paragraph (3) is entitled to benefit in accordance with these Regulations.

(2) The benefit to which a person described in paragraph (3) is entitled is Healthy Start food to the value represented by a voucher as provided in regulation 8(3).

(3) For the purposes of paragraph (1), a person so described is a person resident in an area described in Schedule 1 and who is—

(a) a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and who is, or is a member of the family of a person who is, entitled to—

(i) income support; or

(ii) an income-based jobseeker’s allowance; or

(iii) child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002(1) is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit;

(b) a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 1999(2) applies;

(c) a mother who—

(i) before the birth of her child, was entitled to and in receipt of a social security benefit or tax credit mentioned in paragraph (3)(a); and

(ii) has parental responsibility for that child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of four months from the estimated date of delivery has not yet passed;

(d) a mother who—

(i) is not under the age of 18,

(ii) has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and

(iii) is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit; or

(e) a child who is under the age of five years, and who is a member of the family of a person who is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit.

(4) A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) or (d) is entitled to benefit in respect of each such child.

(5) If a mother would otherwise be entitled to benefit under paragraph (3)(c) or (d) but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to benefit instead of the mother.

(6) The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e).

(1)

2002 c. 21.

(2)

1999 c. 33, as amended by the State Pension Credit Act 2002 (c. 16), section 4(2), regulation 2 of the Regulatory Reform (Carer’s Allowance) Order 2002, S.I. 2002/1457 and the Tax Credits Act 2002, section 60, Schedule 6, and section 51, Schedule 4, paragraphs 20 and 21.