http://www.legislation.gov.uk/ssi/2019/193The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019texttext/xmlenFOODStatute Law Database2026-04-29Expert Participation2026-04-01 These Regulations make provision for a scheme to provide benefits for pregnant women and children. 2019 No. 193FoodThe Welfare Foods (Best Start Foods) (Scotland) Regulations 2019Made30th May 2019Laid before the Scottish Parliament31st May 2019Coming into force in accordance with regulation 1(2)The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 1988 and section 175(4) of the Social Security Contributions and Benefits Act 1992 and all other powers enabling them to do so.In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.PART 1IntroductionCitation, commencement and extent11These Regulations may be cited as the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.2These Regulations come into force on 12 August 2019, except regulation 21 and schedule 2 which come into force on 31 March 2020.3These Regulations extend to Scotland only.PART 2General interpretationGeneral interpretation2In these Regulations— “the 1992 Act” means the Social Security Administration Act 1992 “assessment period” is to be construed in accordance with regulation 21 of the Universal Credit Regulations 2013 ,“beneficiary” means an individual entitled to benefit as described in regulation 7 , 7A , 7B or 8,“Best Start Foods” means the types of food described in column 2 of the table in schedule 1,“child” means a person under 16 years of age or a person who is a dependant within the meaning of regulation 5,... “state pension credit” means state pension credit under the State Pension Credit Act 2002, ... ...“the 2005 Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 ,“universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012 .PART 3Meaning of certain expressions concerning interpersonal relationshipsMeaning of “partner”3For the purposes of these Regulations, an individual is regarded as the partner of another individual if those two individuals would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012 (see section 39 of that Act ).Meaning of being “responsible” for a child41An individual is to be regarded as responsible for a child only if at least one of sub-paragraphs (a) to (g) applies—athe child is a dependant of the individual,bthe individual is one of the child's parents and—inormally lives with the child,iiis under 20 years of age, andiiiis a dependant of another individual,cthe child is treated in law as the child of the individual by virtue of an order under section 54 or section 54A of the Human Fertilisation and Embryology Act 2008 ,dthe child is treated in law as the child of the individual by reason of an adoption either—ieffected under the law of Scotland, oriieffected under the law of another country or jurisdiction and recognised by the law of Scotland,ethe child is placed with the individual by an adoption agency,fthe individual is a guardian of the child appointed by deed, will or by a court,gthe individual is a kinship carer for the child.2In paragraph (1)(e), “adoption agency” means—aa local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 2007 ,ban adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act,can adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 ,dan adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987 .Meaning of “dependant”51In respect of any given week, an individual (“person A”) is to be regarded as the dependant of another individual (“person B”) only if—aparagraph (2) applies, orbin that week person B is a kinship carer for person A.2This paragraph applies where—aperson B has been awarded—i... child benefit or state pension credit in respect of the week in question (or for a period that includes that week), oriiuniversal credit for—aaan assessment period that includes the week in question, orbban assessment period that ended immediately before the assessment period mentioned in sub-head (aa) started, andbperson A is recognised to be a child for whom person B has responsibility in terms of that award of assistance.3It is immaterial for the purpose of this regulation that the award of assistance to person B referred to in paragraph (2) does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.4In this regulation “child benefit” means child benefit under section 141 of the Social Security Contributions and Benefits Act 1992.<Addition ChangeId="key-a4decbe632c6bd5c3e014ff0b7a9b476-1675147304309" CommentaryRef="key-a4decbe632c6bd5c3e014ff0b7a9b476">Meaning of “kinship carer”</Addition>5A1An individual is a kinship carer for a child on a day if—athe individual is—ia person who is related to the child,iia person who is known to the child and with whom the child has a pre-existing relationship, oriiia friend or acquaintance of a person related to the child, andbon that day, the child lives with the individual (exclusively or predominantly) under the terms of—ia kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014,iiany other order under section 11(1) of the Children (Scotland) Act 1995 (“the 1995 Act”), oriiian agreement between the individual, the individual’s partner or both of them and—aaa local authority by which the child is looked after within the meaning of section 17(6) of the 1995 Act,bba local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989 (“the 1989 Act”), orccan authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995 (“the 1995 Order”).2A person described in paragraph (1)(a) must not be—athe parent of the child within the meaning of section 15(1) of the 1995 Act,ba foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009,ca local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, ordan authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order.3In paragraph (1)(a) “related” means related either by blood, marriage or civil partnership.PART 4EntitlementGeneral61An individual described in regulation 7, 7A, 7B or 8 is entitled to be paid benefit in accordance with the provisions of Part 5 of these Regulations.1ASubject to regulation 11(1A) to (1C), an individual described in regulation 7, regulation 7A or regulation 7B is not entitled to be paid benefit where another individual is being paid benefit in respect of the same pregnancy.2An individual is not entitled to be paid benefit under these Regulations in respect of any week in which they received, or are due to receive, benefit under the 2005 Regulations.3A person who is entitled to benefit under these Regulations only by virtue of payment of a kind of assistance mentioned in regulation 10(1)(h) does not cease to be so entitled until expiry of 8 weeks beginning with the day after the last day of the most recent completed assessment period for that kind of assistance.4A person who is entitled to benefit under these Regulations by virtue of payment of a kind of assistance mentioned in regulation 10(1)(c) to (g) does not cease to be so entitled until the expiry of 8 weeks beginning with the day after the last day on which the person is entitled to that kind of assistance.Pregnant women71For the purposes of regulation 6 an individual so described is—aa pregnant woman who—iis ordinarily resident in Scotland,iiis 18 years of age or older, andiiiis, or is the partner ... of an 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, orba pregnant woman who is—iunder 18 years of age, oriia dependant (within the meaning of regulation 5) who is 18 or 19 years of age,and meets the residence requirement in regulation 9.2If an individual described in paragraph (1)(b) reaches the age of 18 years or ceases to be a dependant before the end of their pregnancy, the individual remains entitled to benefit until the end of the pregnancy.<Substitution ChangeId="key-fa395d909457512bc37d62a52f3e8f38-1713171654816" CommentaryRef="key-fa395d909457512bc37d62a52f3e8f38">Partners of pregnant women</Substitution>7A1For the purposes of regulation 6 an individual so described is—aan individual who—iis the partner of a pregnant woman,iiis, or the pregnant woman mentioned in head (i) is, in receipt of a kind of assistance mentioned in regulation 10, including a person who has been awarded a kind of assistance but has not yet received payment,iiiis 18 years of age or over,ivordinarily resident in Scotland, andvis receiving benefit for the use of the pregnant woman mentioned in head (i), orban individual who is—ithe partner of a pregnant woman,iieither—aaunder 18 years of age, orbba dependant (within the meaning of regulation 5) who is 18 or 19 years of age, andiiireceiving benefit for the use of the pregnant woman mentioned in head (i).2The individual described in paragraph (1)(b) must meet the residence requirement in regulation 9.3If an individual mentioned in paragraph (1)(b) reaches the age of 18 years or ceases to be a dependant before the end of their partner’s pregnancy, the individual remains entitled to benefit until the end of that pregnancy.<Addition ChangeId="key-365e3953de78e3e16f25d5be09f80636-1712922295535" CommentaryRef="key-365e3953de78e3e16f25d5be09f80636">Other entitled individuals in respect of a pregnant woman</Addition>7B1For the purposes of regulation 6 an individual so described is—athe individual that a pregnant woman as described in regulation 7(1)(b) is a dependant of, orbthe partner of the individual described in sub-paragraph (a),who is receiving benefit for the use of the pregnant woman.2The individual described in paragraph (1) mustmeet the residence requirement in regulation 9.3If the pregnant woman is no longer a dependant of the individual described at paragraph (1)(a) before the end of their pregnancy, that individual or their partner remains entitled to benefit until the end of that pregnancy.<Substitution ChangeId="key-b11c1ca0b14e4408bfef85227ab712e9-1713174609996" CommentaryRef="key-b11c1ca0b14e4408bfef85227ab712e9">Children</Substitution>81For the purposes of regulation 6 an individual so described is—aa child who is under 3 years of age, and—ifor whom another individual is responsible, andiithe individual responsible for the child, or the partner of that individual, is—aain receipt of a kind of assistance mentioned in regulation 10, including where the individual or their partner has been awarded a kind of assistance but has not yet received payment, andbbordinarily resident in Scotland, orba child who is under 3 years of age—ifor whom another individual is responsible, andiithe individual responsible for the child, or the partner of that individual—aais under 18 years of age,bbis a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,ccwas previously entitled to benefit by virtue of regulation 7(1)(b) or 7A(1)(b) in respect of a pregnancy which resulted in the birth of the child, orddwas previously entitled to benefit by virtue of regulation 7(1)(b) or 7A as they applied immediately before 26 February 2024, in respect of a pregnancy whilst resulted in the birth of the child,and meets the residence requirement in regulation 9.2 Where the individual responsible for the child mentioned in paragraph (1)(b), or the partner of that individual, turns 18 years of age or ceases to be a dependant, that child remains entitled to benefit until the later of—athe day on which the child turns one year of age,bthe first anniversary of their estimated date of delivery, orcthe day on which the individual responsible for them, or their partner, turns 18 years of age or ceases to be a dependant.Residence requirement91The residence requirement is—athe individual is ordinarily resident in Scotland, andbwhere neither the individual nor the individual’s partner has been awarded a kind of assistance mentioned in regulation 10, the condition set out in paragraph (2) is also met.2The condition is that the individual is—ahabitually resident in the United Kingdom, the Channel Islands or the Isle of Man,aaa person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act (“the EU Settlement Scheme”), aaaa person who has made a valid application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme and that application is pending a final decision,aaba person who is a family member within the meaning of Article 9 of the EU withdrawal agreement,aba person who—ihas leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971, by virtue of—iathe Afghan Relocations and Assistance Policy, oribthe previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),iihas been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), oriiihas leave granted under the Afghan Citizens Resettlement Scheme.aca person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—ihas been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, ...iihas a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or iiidoes not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,ada person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—ihas been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,iihas a right of abode in the United Kingdom within the meaning given in section 2 of that Act, oriiidoes not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Actaea person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—ihas been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,iihas a right of abode in the United Kingdom within the meaning given in section 2 of that Act, oriiidoes not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,afa person who—iwas residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,iileft Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,iiiarrived in the United Kingdom on or before 13 December 2025, andivsatisfies one of the following criteria—aahas been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,bbhas a right of abode in the United Kingdom within the meaning given in section 2 of that Act, orccdoes not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,aga person who has leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the Immigration Act 1971, a right of abode in the United Kingdom within the meaning given in section 2 of that Act or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act and—iwas residing in a country or territory outside of the United Kingdom,iileft that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, andiiiarrived in the United Kingdom in the first 26 weeks beginning on the date on which—aathe public information is issued, orbbthe evacuation is started,aha person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of those rules,ba refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the protocol relating to the status of refugees done at New York on 31 January 1967,ca person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 , ...da person who has humanitarian protection granted under rules made under section 3(2) of the Immigration Act 1971, orea person who—iis not a person who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 (exclusion from benefits) , andiiis in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.3In this regulation“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.Kinds of assistance101The kinds of assistance referred to in regulations 7 to 9 and 20 are—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .chousing benefit,dincome-based jobseeker’s allowance,eincome-related employment and support allowance,fincome support,gstate pension credit,huniversal credit in the period specified in paragraph (2).2The period is—athe most recent complete assessment period, orbthe assessment period immediately preceding that assessment period.2AAn individual is not to be regarded as having been awarded a kind of assistance for a day or a period if—athe award was made in error (whether or not induced by the individual), orbthe sum awarded to the individual for the day or period is £0.2BIn paragraph (2A)(b), the reference to “the sum awarded” means, in a case where a deduction has been made—ain respect of any liability the individual has to another person, orbby way of sanction,the sum that would have been awarded had the deduction not been made.3In this regulation—...“housing benefit” means housing benefit provided by virtue of a scheme under section 123(1) of the Social Security Contributions and Benefits Act 1992 , “income-based jobseeker’s allowance” means income-based jobseeker’s allowance within the meaning of the Jobseekers Act 1995,“income-related employment and support allowance” means income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,“income support” means income support payable under Part 7 of the Social Security Contributions and Benefits Act 1992, .........Entitlement – further provision111Subject to paragraphs (1A) and (2) and regulation 18B , no beneficiary is entitled to benefit under these Regulations unless an application for such benefit has been approved by the Scottish Ministers.1AThis paragraph applies where the Scottish Ministers receive an application in respect of an individual described in regulation 7, and they are also in receipt of—aan application in respect of an individual described in regulation 7A or an individual described in regulation 7B,ban application in respect of an individual described in regulation 7A and an individual described in regulation 7B, orcapplications in respect of two or more individuals described in regulation 7B,and each application relates to the same pregnancy.1BWhere paragraph (1A) applies, the Scottish Ministers must—aapprove the application in respect of the individual described in regulation 7 in priority to any application made in respect of an individual described in regulation 7A or 7B, andbcease any payment of this benefit to the individual described in regulation 7A or regulation 7B.1CWhere—athe Scottish Ministers receive an application in respect of—ian individual described in regulation 7A and they are also in receipt of an application in respect of an individual described in regulation 7B, oriian individual described in regulation 7B and are also in receipt of an application in respect of at least one other person described in regulation 7B, andbthe applications mentioned in sub-paragraph (a) are made in connection with the same pregnant woman,the Scottish Ministers must decide which of the individuals is entitled to benefit having regard to the circumstances of the pregnant woman and cease any payment of this benefit to the individual whom the Scottish Ministers decide is not entitled.2 A child described in paragraph (2A) is entitled to benefit payable from the date of their birth.2AA child—awho is entitled to benefit by virtue of regulation 8,bwho is under 4 months of age, andcfor whom another individual is responsible, and that individual, their partner, the person on whom that individual was dependent, or the partner of that person—iwas previously entitled to benefit by virtue of regulation 7, 7A or 7B in respect of the pregnancy which resulted in the birth of the child, andiinotifies the Scottish Ministers of the date of birth of the child.3If an individual described in regulations 7, 7A, 7B or 8—ahas ceased to be entitled to benefit,bless than 12 weeks have elapsed since they ceased to be so entitled, andccan demonstrate to the reasonable satisfaction of the Scottish Ministers that they are once again entitled,then the Scottish Ministers may renew their entitlement without further process.4 Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child as described in regulation 8, the provision is deemed to refer to the individual responsible for the child or the partner of that individual (as described in regulation 8(1)(a) or (b)).5Where a beneficiary is entitled to benefit under these Regulations, the Scottish Ministers may, where they consider it appropriate, give the benefit to another person (“the appropriate person”) to be used for the benefit of the beneficiary.6Where the Scottish Ministers consider, for any reason, that it is no longer appropriate for the appropriate person to continue to receive the benefit, they may cease giving the benefit to that person.<Substitution ChangeId="key-24450f0bbab3c32a6ada1d2d8825a4c1-1713184815234" CommentaryRef="key-24450f0bbab3c32a6ada1d2d8825a4c1">Change of circumstances affecting entitlement to benefit</Substitution>121The persons mentioned in paragraph (2) must inform the Scottish Ministers of a change of circumstances affecting a beneficiary’s entitlement to benefit under these Regulations.2The persons are—awhere the benefit is paid to a person other than the beneficiary under and in accordance with regulation 11(5) or regulation 12A(1)(b), the person to whom the benefit is paid, orbin any other case, the beneficiary.<Addition ChangeId="key-3ebedd8c0c4804c74fe8917bc2df55cf-1663749118374" CommentaryRef="key-3ebedd8c0c4804c74fe8917bc2df55cf">Appointment of a person to act on behalf of an individual</Addition>12A1The Scottish Ministers may appoint a person (“an appointee”)—ato—iact on behalf of an individual described in regulation 7 or 7A in connection with the determination of that individual’s entitlement to benefit under and in accordance with these Regulations, oriiact on behalf of an individual responsible for a child described in regulation 8 (as read with regulation 11(4)) in connection with the determination of that child’s entitlement to benefit under and in accordance with these Regulations, andbto be paid benefit on the individual’s behalf.2The Scottish Ministers may only appoint an appointee if it appears to them that either paragraph (3), (4) or (4A) applies.3This paragraph applies if—athe individual is deceased, andbthere is no executor appointed on the individual’s estate.4This paragraph applies if, in relation to the matters mentioned in paragraph (1)—athe individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,bthere is no guardian acting or appointed under that Act,cthe individual’s estate is not being administered by a judicial factor, anddthere is no other person who has authority to act on behalf of the individual and is willing to do so.4AThis paragraph applies if—athe individual is under 16 years of age, andbit appears to the Scottish Ministers that there is no person who—ihas authority to act on behalf of the individual,iiresides with, and has care of, the individual, andiiiis willing, and practicably able, to act on the individual’s behalf in relation to the matters mentioned in paragraph (1).5An individual who is under 16 years may not be appointed as an appointee.6Where an appointee is appointed in relation to an individual who is 16 years of age or over—athe appointee can do anything that the individual could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),bthe Scottish Ministers may request that the appointee provide them with information that they may otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,cany information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.6AWhere an appointee is appointed to act on behalf of an individual who is under 16 years of age—athe appointee can do anything that a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual’s entitlement to benefit could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),bthe Scottish Ministers may request that the appointee provide them with information that they might otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,cany information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.7The Scottish Ministers may terminate an appointment under this regulation at any time.8The Scottish Ministers must consider whether to terminate an appointment made by virtue of paragraph (3) if requested to do so by anyone who appears to the Ministers to have an interest in the financial affairs of the individual.9The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4), or to terminate such an appointment, if requested to do so by—athe individual, orbanyone else who appears to the Ministers to—ihave authority to act on behalf of the individual, oriihave an interest in the welfare or financial affairs of the individual.9AThe Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4A), or to terminate such appointment, if requested to do so by—athe individual, orbanyone else who appears to the Ministers to—ihave authority to act on behalf of the individual,iireside with, and have care of the individual, oriiihave an interest in the welfare or financial affairs of the individual.10Paragraph (11) applies where the Scottish Ministers are deciding whether to make an appointment by virtue of paragraph (4) or (4A) or to terminate such an appointment.11In making the decision, the Scottish Ministers must, insofar as practicable, have regard to—athe wishes and feelings of the individual, ...bthe views of anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the individual, and cwhere the individual is under 16 years of age, the views of anyone who is a relevant person in relation to the individual within the meaning of section 200 of the Children’s Hearings (Scotland) Act 2011.12A person appointed by the Scottish Ministers under and in accordance with section 85B of the 2018 Act may be treated by them as an appointee of—aan individual described in regulation 7 or 7A, orba person who is responsible for an individual described in regulation 8,in connection with the determination of the individual’s entitlement to benefit under these Regulations.12AA person appointed by the Scottish Ministers under and in accordance with section 85A of the 2018 Act may be treated by them as an appointee of an individual under 16 years of age in connection with the determination of the individual’s entitlement to benefit under these Regulations.13In respect of decisions in relation to appointees for the purposes of this regulation, the Scottish Ministers must act in accordance with guidelines prepared for the purposes of section 85C of the 2018 Act as if the references in those guidelines to appointments under that Act were references to appointments under these Regulations.14A person appointed under this regulation must have regard to any guidance issued by the Scottish Ministers about the way in which the role of appointee should be carried out.15In this regulation, “the 2018 Act” means the Social Security (Scotland) Act2018.PART 5Benefit to be givenValue of benefit131The benefit to which an individual described in regulation 7, 7A or 7B is entitled is a payment to the value of £5.60 (“the basic rate”) for each week that individual is so entitled.2The benefit to which a child described in regulation 8(1)(a) or 8(1)(b) is entitled is payment for Best Start Foods to the value of—a double the basic rate for each week that the child is so entitled until the child has reached the age of one year, or has reached the first anniversary of their estimated date of delivery, whichever occurs later,b the basic rate for each week thereafter that the child is so entitled until the child has reached the age of 3 years.3A child, as described in regulation 8, is entitled to the full amount of payment for the week in which they reach the age of 3 years.<Substitution ChangeId="key-b0454e821380cc96c60d07cbf2388976-1713261860682" CommentaryRef="key-b0454e821380cc96c60d07cbf2388976">Form in which benefit is given</Substitution>141Subject to paragraph (2), the payment mentioned in regulation 13 is to be given in the form of a payment card.2Where the Scottish Ministers consider it appropriate, they may pay the beneficiary an amount equal to the value on the payment card mentioned in paragraph (1).3Where paragraph (2) applies, an individual is not entitled to the credit on the payment card mentioned in paragraph (1).Supporting breastfeeding15Credit issued to a beneficiary who is a breastfed child may be used by the breastfeeding mother to purchase Best Start Foods for consumption by her.Property in payment card161Every payment card is the property of the Scottish Ministers.2Any person in possession of a payment card must, if requested to do so by the Scottish Ministers, produce or deliver the card within such time and to such place as the Scottish Ministers may specify.PART 6Application of enactments and offencesApplication of enactments - offences171Section 112 (false representation for obtaining benefit) and section 113 (breach of regulations) of the 1992 Act have effect, for the purposes of the administration of the scheme provided for by these Regulations, subject to the modifications in paragraph (2).2The modifications are—asection 112(1) of the 1992 Act is to be read as if—iin subsection (1)—aa“or other payment” were omitted,bb“the relevant social security legislation” were substituted by “a scheme made under section 13 of the Social Security Act 1988”,cc“that legislation” were a reference to “such a scheme”, andiisubsections (1A) to (1F) were omitted.bsection 113 is to be read as if, after subsection (1A)(a) there is inserted—aasection 13 of the Social Security Act 1988 or subordinate legislation made, or having effect as if made, under it;.Further offences181For the purposes of section 13(9) of the Social Security Act 1988, it is directed that section 113 of the 1992 Act has effect as if paragraph (2) had been made under it, subject to the modification in paragraph (3).2A person who fails to comply with regulation 12 or regulation 16(2) is guilty of an offence under these Regulations.3Section 113(3) of the 1992 Act has effect as if paragraph (b) were omitted.PART6A<Addition ChangeId="key-d156e584e8693d6c64176593f674962c-1712922163936" CommentaryRef="key-d156e584e8693d6c64176593f674962c">Procedural matters</Addition><Addition ChangeId="key-d156e584e8693d6c64176593f674962c-1712922163936" CommentaryRef="key-d156e584e8693d6c64176593f674962c">When an application is to be treated as made</Addition>18A1An application is to be treated as made—aon the day it is received by the Scottish Ministers, orbon the day chosen by the Scottish Ministers in accordance with paragraph (2).2If, before making a decision on the basis of an application, the Scottish Ministers consider that the beneficiary—awould not be entitled to benefit under these Regulations if the application were treated as made on the day they received it, andbwould be entitled to benefit under these Regulations if the application were treated as made on a day falling within a period of 10 days beginning with the day they received it,the Scottish Ministers may choose the day within that 10 day period on which the application is to be treated as made.<Addition ChangeId="key-d156e584e8693d6c64176593f674962c-1712922163936" CommentaryRef="key-d156e584e8693d6c64176593f674962c">Decision following backdated award of assistance</Addition>18B1The Scottish Ministers are to make a decision on an individual’s entitlement to benefit under these Regulations (without receiving an application) where the circumstances in paragraphs (2) to (6) apply.2The Scottish Ministers have previously made a decision that the individual is not entitled to benefit under these Regulations (“the original decision”).3The original decision was made on or after 26 February 2024.4The Scottish Ministers establish that a backdated award of assistance of a kind specified in—aregulation 5(2)(a) is made in circumstances in which regulation 5(2)(b) applies, orbregulation 10 is made.5The award referred to in paragraph (4) (“the backdated award”) is backdated to a day, or a period that begins on a day, that falls no later than the day on which the original decision was made.6Had the backdated award been made before the original decision, a decision that the individual is entitled to benefit under Regulations would have been made.7For the purposes of this regulation, an award is backdated if it relates to a day, or a period that begins on a day, that falls before the day the decision to make the award was taken.8In making a decision required by paragraph (1) the Scottish Minsters are to use—athe information provided in the application that led to the original decision, andbany other information they have obtained in connection with that application.9Where a decision is to be, or has been, made without an application by virtue of paragraph (1), an individual’s entitlement to benefit under these Regulations begins on the day the application that led to the original decision was made.PART 7Amendments, transitional arrangements and revocationsAmendment to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005191The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 are amended as follows.2In regulation 4 (claim for benefit), after paragraph (1) insert—1ANo application for a claim for benefit under this regulation may be made on or after 12 August 2019..Transitional arrangements201The benefit to which a child described in this regulation is entitled is credit for Best Start Foods.2For the purposes of this regulation a child so described is a child—awho is under 4 years of age,bwho was 2 years of age or over at the date of application,cwho was in receipt of benefit under the 2005 Regulations, as they apply to Scotland, either—iat the date of application, oriiless than 12 weeks prior to the date of application, anddfor whom an individual described in paragraph (3) is responsible.3For the purposes of paragraph (2) the individual—ais, or is the partner or dependant of an individual who is, in receipt 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, andbmade an application under these Regulations on or before the 31 March 2020.4The benefit to which a child described in this regulation is entitled is credit for Best Start Foods to the value of £4.50 per week for each week that the child is entitled until the child has reached 4 years of age.5For the purposes of this regulation, “date of application” means the date on which an application made under these Regulations is received by the Scottish Ministers.Revocations21The instruments listed in column 1 of the table in schedule 2 are revoked to the extent specified in the corresponding entry in column 3 of that table.JOE FITZPATRICK Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
SCHEDULE 1BEST START FOODS Regulation 2Column 1Category of foodColumn 2Type of foodMilkPlain liquid cow's milk, including long life, pasteurised or ultra-heat treated varieties of milk, but not milk to or from which chemicals, vitamins, flavours or colours have been added or removed.First infant formula milkInfant formula based on cow's or goat's milk intended for particular nutritional use from birth by infants in good health ....Fruit and vegetablesFresh, frozen or canned fruit or vegetables, including loose, pre-packed, whole, sliced, chopped, or mixed fruit or vegetables, but not fruit or vegetables to which fat, salt, sugar, flavouring or any other ingredient has been added.PulsesFresh, dried or canned pulses, including but not limited to lentils, beans, peas and barley, but not those to which fat, salt, sugar, flavouring or any other ingredient has been added.EggsFresh eggsSCHEDULE 2REVOCATIONS Regulation 21Column 1Instrument revokedColumn 2ReferenceColumn 3Extent of revocationThe Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005S.I. 2005/3262Regulations 3, 4, 5(2), 5A, 6, 7, 7A, 8, 8A, 9(4)(c), 10, 17, 18 and schedule 2The Healthy Start Scheme and Welfare Food (Amendment No. 2) Regulations 2006S.I. 2006/2818Regulations 4, 5, 6, 7 and 8The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008S.I. 2008/408The whole RegulationsThe Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008S.I. 2008/1879Regulation 10(3) and 10(4)The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2009S.I. 2009/295The whole RegulationsThe Healthy Start Scheme and Welfare Food (Amendment) Regulations 2010S.I. 2010/434The whole RegulationsThe National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013S.I. 2013/235Paragraph 91(3) of schedule 2The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2016S.I. 2016/985The whole RegulationsThe Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017S.I. 2017/1032Regulation 2

(This note is not part of the Regulations)

These Regulations make provision for a scheme to provide benefits for pregnant women and children.

Part 1 deals with citation, commencement and extent. These Regulations extend to Scotland only.

Part 2 provides for general interpretation.

Part 3 of the Regulations provides for the interpretation of certain expressions used in the Regulations concerning interpersonal relationships.

Part 4 sets out who is eligible to receive the benefit and procedural matters relating to the application for benefit and change of circumstances.

Part 5 is concerned with the value and form of the benefit to be given under the Regulations.

Part 6 makes provision for application of certain enactments and offences.

Part 7 makes consequential amendments and revocations to various secondary legislation. Regulation 19 makes a consequential amendment to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (“the 2005 Regulations”) to prevent new applications for benefit under the 2005 Regulations in Scotland following the coming into force of these Regulations. Regulation 20 makes provision for transitional arrangements. Regulation 21 revokes certain provisions of the 2005 Regulations and secondary legislation that amended those Regulations. The revocations made by regulation 21 take effect on 31 March 2020.

1988 c.7. Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) and amended by section 27(5) of the Scotland Act 2016 (c.11) (“the 2016 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 32 of the 2016 Act.1992 c.4. Section 175(4) was amended by paragraph 29(4) of schedule 3 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).S.I. 2013/376, as amended by S.I. 2014/2887, S.I. 2015/1362 and S.I. 2018/65.S.I. 2005/3262.2012 c.5.Section 39 is amended by S.I. 2014/3229.2008 c.22. Section 54 was amended by paragraph 206 of schedule 11 of the Crime and Courts Act 2013 (c.22), Part 1 of schedule 9 of the Justice Act (Northern Ireland) 2015 (c.9) and S.I. 2018/1413.2007 asp 4.2010 asp 8.2002 c.38.S.I. 1987/2203 (N.I.22). Article 3 was amended by section 7 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c.11), paragraph 1(1)(d) of schedule 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1), S.I. 1994/429 and S.I. 2003/431.1971 c.77.1999 c.33.1992 c.4. Section 123(1) was relevantly amended by paragraph 1(1) of schedule 9 of the Local Government Finance Act 1992 (c. 14).S.I. 2005/3262.S.S.I. 2007/549.S.I. 2007/3521.Sch. 2 in force at 31.3.2020, see reg. 1(2)Reg. 18 substituted (11.8.2019) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/232), regs. 1, 5Words in reg. 2 inserted (11.8.2019) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/232), regs. 1, 3Words in reg. 17(1) substituted (11.8.2019) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/232), regs. 1, 4(a)Words in reg. 17(2)(b) inserted (11.8.2019) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/232), regs. 1, 4(b)Reg. 1 in force at 12.8.2019, see reg. 1(2)Reg. 2 in force at 12.8.2019, see reg. 1(2)Reg. 3 in force at 12.8.2019, see reg. 1(2)Reg. 4 in force at 12.8.2019, see reg. 1(2)Reg. 5 in force at 12.8.2019, see reg. 1(2)Reg. 6 in force at 12.8.2019, see reg. 1(2)Reg. 7 in force at 12.8.2019, see reg. 1(2)Reg. 8 in force at 12.8.2019, see reg. 1(2)Reg. 9 in force at 12.8.2019, see reg. 1(2)Reg. 10 in force at 12.8.2019, see reg. 1(2)Reg. 11 in force at 12.8.2019, see reg. 1(2)Reg. 12 in force at 12.8.2019, see reg. 1(2)Reg. 13 in force at 12.8.2019, see reg. 1(2)Reg. 14 in force at 12.8.2019, see reg. 1(2)Reg. 15 in force at 12.8.2019, see reg. 1(2)Reg. 16 in force at 12.8.2019, see reg. 1(2)Reg. 17 in force at 12.8.2019, see reg. 1(2)Reg. 18 in force at 12.8.2019, see reg. 1(2)Reg. 19 in force at 12.8.2019, see reg. 1(2)Reg. 20 in force at 12.8.2019, see reg. 1(2)Sch. 1 in force at 12.8.2019, see reg. 1(2)Words in sch. 1 Table omitted (22.2.2020) by virtue of The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 (S.S.I. 2020/6), regs. 1(1), 7(2)Reg. 21 in force at 31.3.2020, see reg. 1(2)Words in reg. 9(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 4(2)(a)Sum in reg. 20(4) substituted (1.8.2021) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/221), regs. 1, 5Reg. 9(3) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 4(3)Reg. 9(2)(ab) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 4(2)Reg. 9(2)(ac) inserted (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 5(2)Words in reg. 9(2)(c) omitted (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 5(3)Reg. 12A inserted (2.7.2022) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/167), regs. 1, 7Word in reg. 2 inserted (2.7.2022) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/167), regs. 1, 3Words in reg. 11(1) substituted (2.7.2022) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/167), regs. 1, 6(a)Reg. 5A inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(4)Words in reg. 2 omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(2)(a)Word in reg. 2 omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(2)(b)Words in reg. 4(1)(c) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(3)Word in reg. 9(2)(ac)(i) omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(a)Word in reg. 9(2)(ac)(ii) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(b)Reg. 9(2)(ac)(iii) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(c)Reg. 9(2)(ad) inserted (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 5(2)Reg. 9(2)(ae) inserted (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 5(2)Pt. 6A inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(16) (with regs. 3, 4)Reg. 7B inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(7) (with regs. 3, 4)Word in reg. 2 inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(2)(a) (with regs. 3, 4)Words in reg. 2 inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(2)(b) (with regs. 3, 4)Reg. 5(4) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(c) (with regs. 3, 4)Words in reg. 5(2)(a)(ii)(bb) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(a) (with regs. 3, 4)Word in reg. 5(3) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(b) (with regs. 3, 4)Reg. 6(4) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(4)(c) (with regs. 3, 4)Words in reg. 6(1) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(4)(a) (with regs. 3, 4)Reg. 6(1A) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(4)(b) (with regs. 3, 4)Words in reg. 7(1)(a)(iii) omitted (26.2.2024) by virtue of The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(5)(a) (with regs. 3, 4)Reg. 7(1)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(5)(b) (with regs. 3, 4)Reg. 7(2) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(5)(c) (with regs. 3, 4)Reg. 7A substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(6) (with regs. 3, 4)Reg. 8 substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(8) (with regs. 3, 4)Words in reg. 9(1)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(9)(a) (with regs. 3, 4)Reg. 9(2)(aa) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(9)(b) (with regs. 3, 4)Reg. 10(2A)(2B) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(10)(b) (with regs. 3, 4)Words in reg. 10(3) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(10)(c)(ii) (with regs. 3, 4)Words in reg. 10(3) omitted (26.2.2024) by virtue of The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(10)(c)(i) (with regs. 3, 4)Reg. 10(1)(a)-(h) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(10)(a) (with regs. 3, 4)Reg. 12 substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(12) (with regs. 3, 4)Reg. 11(5)(6) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(f) (with regs. 3, 4)Words in reg. 11(1) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(a) (with regs. 3, 4)Reg. 11(1A)-(1C) substituted for reg. 11(1A) (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(b) (with regs. 3, 4)Reg. 11(2)(2A) substituted for reg. 11(2) (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(c) (with regs. 3, 4)Words in reg. 11(3) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(d) (with regs. 3, 4)Reg. 11(4) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(11)(e) (with regs. 3, 4)Reg. 12A(4A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(b) (with regs. 3, 4)Words in reg. 12A(2) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(a) (with regs. 3, 4)Words in reg. 12A(6) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(c) (with regs. 3, 4)Reg. 12A(6A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(d) (with regs. 3, 4)Reg. 12A(9A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(e) (with regs. 3, 4)Words in reg. 12A(10) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(f) (with regs. 3, 4)Word in reg. 12A(11)(a) omitted (26.2.2024) by virtue of The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(i) (with regs. 3, 4)Words in reg. 12A(11)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(ii) (with regs. 3, 4)Reg. 12A(11)(c) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(iii) (with regs. 3, 4)Reg. 12A(12A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(h) (with regs. 3, 4)Words in reg. 12A(13) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(i) (with regs. 3, 4)Reg. 13(1) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(a) (with regs. 3, 4)Words in reg. 13(2) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(i)(aa) (with regs. 3, 4)Word in reg. 13(2) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(i)(bb) (with regs. 3, 4)Words in reg. 13(2)(a) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(ii) (with regs. 3, 4)Words in reg. 13(2)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(iii) (with regs. 3, 4)Reg. 13(3) substituted for reg. 13(3) (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(c) (with regs. 3, 4)Reg. 14 substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(15) (with regs. 3, 4)Words in reg. 2 omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(2) (with reg. 11)Words in reg. 5(2)(a)(i) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(3) (with reg. 11)Word in reg. 6(4) substituted (23.6.2025) by The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(4) (with reg. 11)Reg. 10(1)(a) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(a) (with reg. 11)Reg. 10(1)(b) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(a) (with reg. 11)Words in reg. 10(3) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(b) (with reg. 11)Reg. 9(2)(af) inserted (11.9.2025) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/250), regs. 1(2), 3(2)Words in reg. 9(2)(aa) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 5(2)(a)Reg. 9(2)(aaa)(aab) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 5(2)(b)Reg. 9(2)(ag)(ah) inserted (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 7(2)Sum in reg. 13(1) substituted (1.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(2), 4 (with sch. 1 para. 2)