The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

Document Number:2019 No. 193
 
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Scottish Statutory Instruments

Food

Made

30 th May 2019

Laid before the Scottish Parliament

31 st May 2019

Coming 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(1) and section 175(4) of the Social Security Contributions and Benefits Act 1992(2) 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 1 Introduction

Citation, commencement and extent

  1. —(1) These Regulations may be cited as the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.

    (2) These Regulations come into force on 12 August 2019 , except regulation 21 and schedule 2 which come into force on 31 March 2020.

    (3) These Regulations extend to Scotland only.

    PART 2 General interpretation

    General interpretation

  2. In these Regulations—

    “assessment period” is to be construed in accordance with regulation 21 of the Universal Credit Regulations 2013(3) ,

    “beneficiary” means an individual entitled to benefit as described in regulation 7 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 ,

    “child tax credit” means the tax credit provided for by section 1(1)(a) of the Tax Credits Act 2002(4) ,

    “kinship carer” means an individual who cares for a child if—

    the individual is a qualifying person in relation to the child within the meaning of section 72(2) of the Children and Young People (Scotland) Act 2014(5) , and

    the child is living with the individual (exclusively or predominantly) under the terms of—

    a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014 , or

    an agreement between the individual, the individual’s partner or both of them and—

    a local authority in Scotland by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 1995(6) ,

    a 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(7) , or

    an authority in Northern Ireland by which the child is looked after within the meaning of article 25(1) of the Children (Northern Ireland) Order 1995(8) , and

    “the 2005 Regulations” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(9) ,

    “universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012(10).

    PART 3 Meaning of certain expressions concerning interpersonal relationships

    Meaning of “partner”

  3. For 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(11)).

    Meaning of being “responsible” for a child

  4. —(1) An individual is to be regarded as responsible for a child only if at least one of sub-paragraphs (a) to (g) applies—

    (a) the child is a dependant of the individual,

    (b) the individual is one of the child’s parents and—

    (i) normally lives with the child,

    (ii) is under 20 years of age, and

    (iii) is a dependant of another individual,

    (c) the child is treated in law as the child of the individual by virtue of an order under section 54 of the Human Fertilisation and Embryology Act 2008(12) ,

    (d) the child is treated in law as the child of the individual by reason of an adoption either—

    (i) effected under the law of Scotland, or

    (ii) effected under the law of another country or jurisdiction and recognised by the law of Scotland,

    (e) the child is placed with the individual by an adoption agency,

    (f) the individual is a guardian of the child appointed by deed, will or by a court,

    (g) the individual is a kinship carer for the child.

    (2) In paragraph (1)(e) , “adoption agency” means—

    (a) a local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 2007(13) ,

    (b) an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010(14) and registered under Part 5 of that Act,

    (c) an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002(15) ,

    (d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987(16).

    Meaning of “dependant”

  5. —(1) In respect of any given week, an individual (“person A”) is to be regarded as the dependant of another individual (“person B”) only if—

    (a) paragraph (2) applies, or

    (b) in that week person B is a kinship carer for person A.

    (2) This paragraph applies where—

    (a) person B has been awarded—

    (i) child tax credit, child benefit or state pension credit in respect of the week in question (or for a period that includes that week) , or

    (ii) universal credit for—

    (aa) an assessment period that includes the week in question, or

    (bb) an assessment period that ended immediately before the assessment period mentioned in paragraph (aa) started, and

    (b) person A is recognised to be a child for whom person B has responsibility in terms of that award of assistance.

    (3) It is immaterial for the purpose of this regulation that the award of assistance to person B referred to paragraph (2) does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect...

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