Statutory Instrument 1993 No. 1105

The Welfare Food Amendment Regulations 1993

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© Crown Copyright 1993

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1993 No. 1105

FOOD

The Welfare Food Amendment Regulations 1993

In exercise of the powers conferred upon me by section 13(3) and (4) of the Social Security Act 1988^[1] and section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992^[2] (as applied by section 15A of the Social Security Act 1988) and of all other powers enabling me in that behalf, I hereby make the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Welfare Food Amendment Regulations 1993 and shall come into force on 17th May 1993.

    (2)  In these Regulations "the principal Regulations" means the Welfare Food Regulations 1988^[3].

Amendment of regulation 3 of the principal Regulations
    2.    In regulation 3(3) of the principal Regulations (free milk, dried milk and vitamins) after the words "made to a" there shall be inserted the words "person responsibile for the administration of welfare food at a" and after the word "clinic" there shall be inserted the words "which shall be".

Amendment of regulation 4 of the principal Regulations
    3.    For sub-paragraph (b) of regulation 4(7) of the principal Regulations (additional milk or dried milk for children in day care) there shall be substituted—
"(b) if so required by the Secretary of State, be supported by an invoice, a receipt or other documentary evidence of the price paid for the milk or dried milk supplied." .

Amendment of regulation 5 of the principal Regulations
    4.—(1)  In regulation 5(1) of the principal Regulations (purchase of welfare food) for "£3.30" there shall be substituted "£3.40".

    (2)  In regulation 5(2) of the principal Regulations after the words "made to a" there shall be inserted the words "person responsible for the sale of welfare food pursuant to this regulation at a" and after the word "clinic," there shall be inserted the words "which shall be".

    (3)  At the end of regulation 5(2) of the principal Regulations there shall be inserted the words ", and if so required by the person responsible for the sale of welfare food pursuant to this regulation, documentary evidence that the child has not attained the age of 1 year, whether in the form of a birth certificate or otherwise".

    (4)  In regulation 5(4) of the principal Regulations for the words "the clinic" to the end there shall be substituted the following words—
"the person responsible for the sale of welfare food pursuant to this regulation at the clinic—
(a) as to his entitlement to receive family credit for the weeks for which the dried milk is purchased;

(b) if that person responsible so requires, as to the age of any child on whose behalf the dried milk is purchased during the weeks for which it is purchased." .

Amendment of regulation 7 of the principal Regulations
    5.—(1)  In regulation 7(1) of the principal Regulations (issue of milk tokens) for "(5)" there shall be substituted "(6)".

    (2)  At the end of regulation 7(2) of the principal Regulations there shall be added the words "and whether they are to be used for milk or for dried milk".

    (3)  After regulation 7(5) of the principal Regulations there shall be added a new paragraph—
"  (6)  The Secretary of State need not issue a milk token which indicates that it is to be used for dried milk unless he is satisfied, by means of such birth certificate or such other evidence as he may require, that the beneficiary has not attained the age of one year." .

Amendment of regulation 8 of the principal Regulations
    6.—(1)  In sub-paragraph (a) of regulation 8(1) of the principal Regulations (use of milk tokens) after the word "beneficiary" there shall be inserted the words "in accordance with paragraph (4)".

    (2)  After regulation 8(3) of the principal Regulations there shall be added a new paragraph—
"  (4)  A milk token which indicates that it is to be used only for milk may not be used to obtain dried milk, and one which indicates that it is to be used only for dried milk may not be used to obtain milk." .

Amendment to Schedule 2 to the principal Regulations
    7.    In Schedule 2 to the principal Regulations (entitlement to vitamins) at the end of the entry in Column 2 opposite the entry in Column 1 "2. Nursing mother" there shall be inserted the words "or 5×10 millilitre bottles of vitamin drops", and for the words "2×45 tablet containers" in Column 2 opposite the entry in Column 1 "3.Expectant mother" there shall be substituted the words "2×10 millilitre bottles of vitamin drops".

Virginia Bottomley

One of Her Majesty's Principal Secretaries of State
Department of Health

19th April 1993

These Regulations amend the Welfare Food Regulations 1988 ("the principal Regulations").

Regulations 2, 4(2), (3) and (4) amend regulations 3 and 5 of the principal Regulations (free milk, dried milk and vitamins and purchase of welfare food) by making provision for the application for vitamins to be made and evidence in respect of purchase of welfare food to be produced to the person responsible for the administration of welfare food at a clinic instead of applying to the clinic.

Regulation 3 amends regulation 4 of the principal Regulations (additional milk or dried milk for children in day care) by enabling the Secretary of State to request documentary evidence in support of a claim for reimbursement for the supply of both milk and dried milk to children in day care in place of a requirement to supply an invoice or receipt with any claim only for milk.

Regulation 4 amends regulation 5 of the principal Regulations (purchase of welfare food) by increasing the price paid for dried milk by a person entitled to purchase it from £3.30 to £3.40 for 900 grammes per week and enabling the responsible person at the clinic to require documentary evidence from that person that the child for whom they are caring has not attained the age of one year.

Regulation 5 amends regulation 7 of the principal Regulations (issue of milk tokens) to provide that any milk token issued may specify whether it is to be used for milk or dried milk, and enables the Secretary of State to require documentary evidence that a child beneficiary, who has not attained the age of one year and for whom a milk token is issued specifying dried milk, has not attained the age of one year.

Regulation 6 amends regulation 8 of the principal Regulations (use of milk tokens) to provide that milk or dried milk can only be obtained by a beneficiary who presents either a milk token which may be used to obtain either milk or dried milk or a milk token which specifies that it is to be used only to obtain milk, or a milk token which specifies that it is to be used only to obtain dried milk.

Regulation 7 amends Schedule 2 to the principal Regulations (vitamins) to provide an alternative entitlement to vitamins for nursing mothers by adding 5×10 millilitre bottles of vitamin drops to their entitlement, and by substituting for the existing entitlement for expectant mothers an enitlement to 2x10 millilitre bottles of vitamin drops.

[1] 1988 c. 7.Section 13 was amended by paragraph 8(11) of Schedule 6 to the Social Security Act 1990 (c. 27) and section 15A was inserted by paragraph 8(10) of that Schedule and amended by section 4 and paragraph 96 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c. 6). back

[2] 1992 c. 4. back

[3] S.I. 1988/536; the relevant amending instruments are S.I. 1990/3, 2012, 1991/585 and 1992/637. back