The Welfare Food (Amendment) Regulations 2003

© Crown Copyright 2003

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Welfare Food (Amendment) Regulations 2003, ISBN 0110453468. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) after the definition of "registered day care provider" there is inserted ""relevant income" has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002[4]"; and

(b) the definition of "working families' tax credit" is deleted.

Amendment of regulation 3 of the principal Regulations
     3. In regulation 3(2)(b) of the principal Regulations (entitlement to free milk), after "allowance" there is inserted "or to child tax credit[5] where the relevant income of the person or persons to whom the award of the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230" - 

Amendment of regulation 4 of the principal Regulations
     4. In regulation 4 of the principal Regulations (child under the age of one year - entitlement to free dried milk or milk), for paragraph (1) there is substituted,

    " (1) Subject to paragraph (3) and to the provisions as to milk tokens in Parts III and IV, a child in Great Britain who is under the age of one year and who is a member of the family of a person who is entitled to - 


(a) income support, or

(b) an income-based jobseeker's allowance, or

(c) child tax credit where the relevant income of the person or persons to whom the award of tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230,



is entitled to receive dried milk or milk for personal consumption, in accordance with these Regulations, free of charge.".

Amendment of regulation 5 of the principal Regulations
     5. In regulation 5(2)(b) and (4)(a) of the principal Regulations (entitlement to free vitamins), after "allowance" there is inserted "or to child tax credit where the relevant income of the person or persons to whom the award of tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230".

Amendment of regulation 6 of the principal Regulations
     6.  - (1) Regulation 6 of the principal Regulations (inability to obtain free vitamins) is amended as follows.

    (2) In paragraph (1) - 

(a) after "allowance" there is inserted "or to child tax credit where the relevant income of the person or persons to whom the award of tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230"; and

(b) for "an office of the Department of Social Security" there is substituted "the Department of Health".

    (3) In paragraph (2), after "the Secretary of State" there is inserted "or a person authorised by him" and for "his part" there is substituted "the part of the Secretary of State".

Amendment of regulation 7 of the principal Regulations
     7.  - (1) Regulation 7 of the principal Regulations (purchase of dried milk at a reduced price) is amended as follows.

    (2) For paragraph (1) there is substituted - 

    " (1) A person who is entitled, or is a member of a family of a person who is entitled to working tax credit and child tax credit, shall if - 


(a) the relevant income of the person or persons to whom the award of tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200, and

(b) that person is responsible for a child who - 


(i) is not entitled to dried milk or milk under regulation 4,

(ii) is under the age of one year, and

(iii) is a member of the family of that person,



be entitled to purchase at any clinic, on behalf of that child, at a price of £4.15, 900 grammes of dried milk per week for consumption by that child.".

    (3) For paragraph (1A) there is substituted - 

    " (1A) A person who is entitled to child tax credit (but is not entitled to working tax credit), shall if - 


(a) the relevant income of the person 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 to be more than £13,230 but not more than £14,200, and

(b) that person is responsible for a child who - 


(i) is not entitled to dried milk or milk under regulation 4,

(ii) is under the age of one year, and

(iii) is a member of the family of that person,



be entitled to purchase at any clinic, on behalf of that child, at a price of £4.15, 900 grammes of dried milk per week for consumption by that child.".

    (4) In paragraph (2)(a), "to working families' tax credit" is deleted.

    (5) Paragraph (3) is deleted, and for paragraph (4) there is substituted - 

    " (3) A person may purchase dried milk for a period of up to four weeks from the date of the claim provided that she satisfies the person responsible for the distribution of welfare food at the clinic - 


(a) as to entitlement under this regulation for the weeks for which the dried milk is purchased, and

(b) if requested by the person to whom the claim is made, as to the age of the child on whose behalf the dried milk is purchased during the weeks for which it is purchased.".

Amendment of regulation 8 of the principal Regulations
     8.  - (1) Regulation 8 of the principal Regulations (inability to purchase dried milk at a reduced price) is amended as follows.

    (2) In paragraph (1) - 

(a) for "child" there is substituted "person";

(b) "to working families' tax credit," is deleted; and

(c) for "an office of the Department of Social Security" there is substituted "the Department of Health".

    (3) In paragraph (2), after "the Secretary of State" there is inserted "or a person authorised by him" and for "his part" there is substituted "the part of the Secretary of State".

Amendment of regulation 12 of the principal Regulations
     9. In regulation 12 of the principal Regulations (failure to receive milk tokens) - 

(a) in paragraph (1), for "an office of the Department of Social Security" there is substituted "the Department of Health";

(b) in paragraph (2), after "the Secretary of State" there is inserted "or a person authorised by him", and after "paragraph (1)" there is inserted "or otherwise".

Amendment of regulation 13 of the principal Regulations
     10. In regulation 13(4) of the principal Regulations (control of milk tokens), for "at an office of the Department of Social Security" there is substituted "to the Department of Health", and after "the Secretary of State" there is inserted "or a person authorised by him".

Amendment of regulation 15 of the principal Regulations
     11. In regulation 15 of the principal Regulations (inability to exchange milk tokens for milk) - 

(a) in paragraph (1), for "an office of the Department of Social Security in the area in which she usually resides" there is substituted "the Department of Health";

(b) in paragraph (2), after "the Secretary of State" there is inserted "or a person authorised by him".

Amendment of Schedule 1 to the principal Regulations
     12. In Schedule 1 to the principal Regulations (dried milk specified for the purpose of the Regulations) - 

(a) in Column 1, after "Farley's Second Milk", there is inserted "Hipp Organic"; and

(b) in Column 2, after "H J Heinz Company Ltd", the second time it appears, there is inserted "Hipp UK Ltd".

Amendment of Schedule 6 to the principal Regulations
     13. In Schedule 6 to the principal Regulations (enactments applied for the purposes of these Regulations), in the entry relating to Section 113 of the Social Security Administration Act 1992 in Column 2 there is substituted the following entry - 

" After paragraph (a) of sub-section (1A) there is added "(aa) section 13 of the Social Security Act 1988."".

Signed by authority of the Secretary of State


Hazel Blears
Parliamentary Under Secretary of State, Department of Health

13th March 2003

[2] 1992 c.4. Section 175(2) to (5) is applied by section 15A of the Social Security Act 1988 (c.7) which section was inserted by section 21(1) of, and paragraph 8(10) of Schedule 6 to, the Social Security Act 1990 (c.27) and amended by section 4 of, and paragraph 96 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c.6).back

[3] S.I. 1996/1434, as amended by the Welfare Food (Amendment) Regulations 2002, S.I. 2002/550. Previous amending instruments were revoked by regulation 3 of those Regulations.back

[4] 2002 c.21.back

[5] Awarded under regulations pursuant to the Tax Credits Act 2002 (c.21).back