Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

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

Type Scottish-Statutory-Instrument

Publication 2019-05-30

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 30th May 2019

Laid before the Scottish Parliament: 31st 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 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 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—

“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 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 ).

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 or section 54A of the Human Fertilisation and Embryology Act 2008 ,

(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 ,

(b) an 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,

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

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 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 sub-head (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 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.

(4) In this regulation “child benefit” means child benefit under section 141 of the Social Security Contributions and Benefits Act 1992.

PART 4 — Entitlement

General

6

(1) An 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.

(1A) Subject 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.

(2) An 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.

(3) A 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.

(4) A 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 women

7

(1) For the purposes of regulation 6 an individual so described is—

(a) a pregnant woman who—

(i) is ordinarily resident in Scotland,

(ii) is 18 years of age or older, and

(iii) is, 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, or

(b) a pregnant woman who is—

(i) under 18 years of age, or

(ii) a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

and meets the residence requirement in regulation 9.

(2) If 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.

Children

8

(1) For the purposes of regulation 6 an individual so described is—

(a) a child who is under 3 years of age, and—

(i) for whom another individual is responsible, and

(ii) the individual responsible for the child, or the partner of that individual, is—

(aa) in 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, and

(bb) ordinarily resident in Scotland, or

(b) a child who is under 3 years of age—

(i) for whom another individual is responsible, and

(ii) the individual responsible for the child, or the partner of that individual—

(aa) is under 18 years of age,

(bb) is a dependant (within the meaning of regulation 5) who is 18 or 19 years of age,

(cc) was 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, or

(dd) was 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—

(a) the day on which the child turns one year of age,

(b) the first anniversary of their estimated date of delivery, or

(c) the day on which the individual responsible for them, or their partner, turns 18 years of age or ceases to be a dependant.

Residence requirement

9

(1) The residence requirement is—

(a) the individual is ordinarily resident in Scotland, and

(b) where 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.

(2) The condition is that the individual is—

(a) habitually resident in the United Kingdom, the Channel Islands or the Isle of Man,

(aa) a 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”),

(aaa) a 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,

(aab) a person who is a family member within the meaning of Article 9 of the EU withdrawal agreement,

(ab) a person who—

(i) has 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—

(ia) the Afghan Relocations and Assistance Policy, or

(ib) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(ii) has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or

(iii) has leave granted under the Afghan Citizens Resettlement Scheme.

(ac) a 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—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, ...

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(ad) a 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—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act

(ae) a 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—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(af) a person who—

(i) was 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,

(ii) left 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,

(iii) arrived in the United Kingdom on or before 13 December 2025, and

(iv) satisfies one of the following criteria—

(aa) has 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,

(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(b) a 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,

(c) a 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 , ...

(d) a person who has humanitarian protection granted under rules made under section 3(2) of the Immigration Act 1971, or

(e) a person who—

(i) is 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) , and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(3) In this regulation“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

Kinds of assistance

10

(1) The kinds of assistance referred to in regulations 7 to 9 and 20 are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) income-based jobseeker’s allowance,

(e) income-related employment and support allowance,

(f) income support,

(g) state pension credit,

(h) universal credit in the period specified in paragraph (2).

(2) The period is—

(a) the most recent complete assessment period, or

(b) the assessment period immediately preceding that assessment period.

(2A) An individual is not to be regarded as having been awarded a kind of assistance for a day or a period if—

(a) the award was made in error (whether or not induced by the individual), or

(b) the sum awarded to the individual for the day or period is £0.

(2B) In paragraph (2A)(b), the reference to “the sum awarded” means, in a case where a deduction has been made—

(a) in respect of any liability the individual has to another person, or

(b) by way of sanction,

the sum that would have been awarded had the deduction not been made.

(3) In 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 provision

11

(1) Subject 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.

(1A) This 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—

(a) an application in respect of an individual described in regulation 7A or an individual described in regulation 7B,

(b) an application in respect of an individual described in regulation 7A and an individual described in regulation 7B, or

and each application relates to the same pregnancy.

(1B) Where paragraph (1A) applies, the Scottish Ministers must—

(a) approve 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, and

(b) cease any payment of this benefit to the individual described in regulation 7A or regulation 7B.

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