FOOD PART I PRELIMINARY Citation and Commencement 1 These Regulations may be cited as the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006 and shall come into operation on 27th November 2006. Interpretation 2 1 In these Regulations— “Day Care Food scheme” means the scheme established by Part VII; “Healthy Start scheme” means the scheme established by Parts II to VI. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Delegation of Functions under the Healthy Start Scheme and the Day Care Food Scheme 2A The Department may, by instrument in writing under seal, delegate any of its functions under Parts III to VII of these Regulations. PART II HEALTHY START SCHEME INTERPRETATION Healthy Start Scheme Interpretation 3 1 In the Healthy Start scheme— “additional amount for a child or qualifying young person” means the additional amount of state pension credit applicable for claimants responsible for a child or a qualifying young person pursuant to regulation 6(6)(d) of, and Schedule 2A to, the State Pension Credit Regulations (Northern Ireland) 2003 ; “beneficiary” means a person entitled to benefit pursuant to regulations 4 and 5; “child” means a person under the age of 16; “credit” and related expressions (however expressed and except in the expression “state pension credit”, “tax credit” and “universal credit”) is to be construed in accordance with regulation 10(1)(b); “estimated date of delivery” means the date included in a claim for benefit pursuant to paragraph 1(e) of Schedule 1; “family” has the meaning given by section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 for the purposes of Part VII of the Act (Income-Related Benefits); “food outlet” means a person registered in accordance with regulation 15 to supply Healthy Start food; “Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; “Health and Social Services Trust” means a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ; “health professional” means a medical practitioner, registered nurse or registered midwife, as the case may be; “health service body” means a health service body prescribed in regulation 11(1); “Healthy Start food” means the food prescribed at regulation 6(1); “Healthy Start vitamins” means the vitamins specified in regulation 7(1); “income-based job-seeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995 ; “income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; “income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; “medical practitioner” means a registered person within the meaning of the Medical Act 1983 ; “parental responsibility” has the same meaning as in Article 6 of the Children (Northern Ireland) Order 1995 ; “period of validity” in relation to a voucher means the period indicated on it in accordance with regulation 10 as that during which it may be exchanged for Healthy Start food in accordance with the Healthy Start scheme; “Pharmacist” has the same meaning as in the Human Medicines Regulations 2012 ; “registered nurse or registered midwife” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing or midwifery, as the case may be; “relevant income” has the same meaning as in section 7(3) of Part I of the Tax Credits Act 2002 ; “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002; “the 1988 Regulations ” means the Welfare Foods Regulations (Northern Ireland) 1988 ; “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015; “voucher” is to be construed in accordance with regulation 10. 2 Where any provision of the Healthy Start scheme requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child, the provision shall be deemed to refer to a parent with parental responsibility for the child or the child’s guardian or the person having care of him. PART III ENTITLEMENT TO BENEFIT Entitlement to benefit 4 1 A person is entitled to benefit in accordance with these Regulations where— a the person is a person described in paragraph (3)(the pregnant woman, mother or child); and b at least one of the following is ordinarily resident in Northern Ireland; i the pregnant woman, mother or child; ii the member of the family member of the pregnant woman, mother or child described in paragraph (3)(a), (3)(c), (3)(d) or (3)(e); iii the other member of the couple described in paragraph (3)(ab)(ii) or (3)(db)(ii); or iv the person responsible for the pregnant woman, mother or child described in paragraph (3)(aa)(ii), (3)(ab)(ii), (3)(da)(ii) or (3)(f). 2 The benefits to which a person described in paragraph (3) is entitled are— a Healthy Start food to the value represented by a voucher or credit as provided in regulation regulation 10 ; and b Healthy Start vitamins as follows— i in the case of a pregnant woman described in paragraph (3)(a) (aa) or (b) , 56 tablets of Healthy Start vitamins for every 8 weeks of entitlement; ii in the case of a mother described in paragraph (3)(c) (d) or (da) , 56 tablets of Healthy Start vitamins for every 8 weeks of entitlement; or iii in the case of a child described in paragraph (3)(e) or (f) , 10 millilitres of drops of Healthy Start vitamins for every 8 weeks of entitlement. 3 For the purposes of paragraph (1)(a) , a person so described is a person who is— a a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and who is, or is a member of the family of a person who is, entitled to— i income support; or ii an income-based jobseeker’s allowance; or iii child tax credit, where the relevant income of the person or persons 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 not to exceed £16,190 and the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7) ; or iv an income-related employment and support allowance; aa a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who— i is entitled to universal credit and satisfies the condition in paragraph (8); or ii is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8); ab a pregnant woman who is not under the age of 18, has been pregnant for more than 10 weeks and who— i is entitled to state pension credit; ii is a member of a couple where the other member of that couple is entitled to state pension credit; or iii is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; b a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 1999 applies; c a mother who— i immediately before the birth of her child, was entitled to and in receipt of , or is a member of the family of a person who was entitled to and in receipt of, a social security benefit or tax credit mentioned in paragraph (3)(a); and ii has parental responsibility for that child whose date of birth has not been notified to the Department and in respect of whom the period of four months from the estimated date of delivery has not yet passed; d a mother who— i is not under the age of 16 , ii has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and iii is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons 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 not to exceed £16,190 and the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7) ; ... da a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who— i is entitled to universal credit and satisfies the condition in paragraph (8); or ii is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and satisfies the condition in paragraph (8); db a mother who is not under the age of 16 who has parental responsibility for a child under the age of 1 year and who— i is entitled to state pension credit which includes the additional amount for a child or qualifying young person; ii is a member of a couple where the other member of that couple is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or iii is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; e a child who— i is under the age of four years; and ii is a member of the family of a person who— aa is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £16,190; and bb either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7) ; or f a child who is under the age of 4 years— i who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and who satisfies the condition in paragraph (8); ... ii who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; or iii for whom a relevant child has parental responsibility. 4 A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) , (d) , (da) or (db) is entitled to the Healthy Start food benefit in respect of each such child. 5 If a mother would otherwise be entitled to benefit under paragraph (3)(c) , (d) , (da) or (db) but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to the Healthy Start food benefit to which the mother would otherwise be entitled. 6 The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e) or (f) . 7 For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) , the definition of “relevant child” in paragraph (11) and paragraph 4(1)(a)(iii) of Schedule 1, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working for less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies 8 A person satisfies the condition in this paragraph if the person— a is a single claimant of universal credit and has earned income of £408 or less; or, b is one of joint claimants of universal credit and the joint claimants have combined earned income of £408 or less, in the period specified in paragraph (9). 9 The period is— a the most recent complete assessment period; or b the assessment period immediately preceding that assessment period. 10 A person who is entitled to benefit by virtue of only paragraph (9)(b) does not cease to be so entitled until the expiry of 8 weeks beginning with and including the day after the last day of the most recent complete assessment period. 11 In this regulation— “assessment period” has the meaning given in regulation 22 of the Universal Credit Regulations (Northern Ireland) 2016; “couple” has the meaning given in regulation 1 of the State Pension Credit Regulations (Northern Ireland) 2003; “earned income” means a person’s earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations (Northern Ireland) 2016; “joint claimants” has the meaning given in Article 46 of the Welfare Reform (Northern Ireland) Order 2015; “relevant child” means a child— who is the responsibility of, and member of the same household as, a person who— is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons 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 not to exceed £16,190; and either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); ... who is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person who is entitled to universal credit and satisfies the condition in paragraph (8); “single claimant” has the meaning given in Article 46 of the Welfare Reform (Northern Ireland) Order 2015 ; or who is the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who is entitled to state pension credit which includes the additional amount for a child or qualifying young person; Claim for benefit 5 1 Except as provided in paragraphs (2) to (4), no person described in regulation 4 may become entitled to benefit unless he first makes a claim to the Department that includes the information and declaration specified in Schedule 1 . 2 Where a person who has parental responsibility for a child described at regulation 4(3)(e) or (f) who is under the age of four months notifies by telephone the Department of the date of birth of the child, the child may become entitled to benefit from and including the date of his birth. 3 A mother described in regulation 4(3)(c) may become entitled to benefit from and including the date of birth of her child provided that she has not made a claim as a mother described in regulation 4(3)(d) in respect of that child. 3A A mother described in regulation 4(3)(da) who has parental responsibility for a child whose date of birth has not been notified to the Department and in respect of whom the period of 4 months from the estimated date of delivery has not yet passed may become entitled to benefit from and including the date of birth of the child. 3B A mother who— a immediately before the birth of her child was— i entitled to state pension credit; ii a member of a couple where the other member of that couple was entitled to state pension credit; or iii the responsibility (within the meaning of paragraphs 3 to 7 of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003) of a person who was entitled to state pension credit which included the additional amount for a child or qualifying young person; and b has parental responsibility for the child whose date of birth has not been notified to the Department and in respect of whom the period of 4 months from the estimated date of delivery has not passed, may become entitled to benefit from the date of birth of the child, provided that she has not made a claim as a mother described in regulation 4(3)(db). 4 A person described in regulation 4 who ceased to be entitled less than three months previously may have his entitlement renewed if he is able to demonstrate to the reasonable satisfaction of the Department that the circumstances that resulted in him ceasing to be so entitled have reverted to those that prevailed when he was so entitled. 5 Subject to paragraph (1) a person described— a in regulation 4(3)(d) who is entitled to child tax credit will be entitled to benefit from and including the date on which she became so entitled in respect of the child described at regulation 4(3)(d)(ii), b in regulation 4(3)(d) or (e) or (5) who is a member of the family of a person who is entitled to child tax credit will be entitled to benefit from and including the date on which he became a person so described. 6 Subject to the provisions of this regulation, a person’s entitlement under this regulation and regulation 4 shall begin from and including the date on which his claim complying with the requirements of paragraph (1) is received by the Department. Healthy Start food and payments in lieu 6 1 Healthy Start food is the food specified in Column 1 (Category of food) of Schedule 2 as qualified in Column 2 (Qualification) of that Schedule. 2 If the Department is satisfied that a beneficiary cannot use a voucher within a reasonable distance of their home, the Department may, instead of issuing a voucher or credit, pay the beneficiary an amount equal to the value represented by the voucher or credit the beneficiary would otherwise receive. Healthy Start vitamins and payments in lieu 7 1 Healthy Start vitamins are tablets or vitamin drops containing vitamins appropriate for the beneficiary who receives them. 2 If the Department is satisfied that a person entitled to Healthy Start vitamins has not received them for a period as a result of an act or omission on the part of the Department or a health service body (“the missing period”) it shall pay the beneficiary an amount equal to the cost of purchasing the prescribed number or amount of Healthy Start vitamins for the missing period. Advice on health and nutrition 8 The Department may arrange for a person described in regulation 4 to receive advice on health and nutrition when he receives a voucher or credit, or at some other time. Cessation of entitlement to benefit 9 1 A person’s entitlement to benefit under the Healthy Start scheme shall cease when he ceases to be entitled in accordance with regulations 4, 5, 12(6) or 12A(4) . 2 A person who is no longer entitled to benefit must inform the Department of the change in his circumstances if he continues to receive vouchers , credit or payments instead of benefit. PART IV VOUCHERS Issue of voucher or credit 10 1 For each week that a beneficiary is entitled to benefit under regulation 4 and 5 the Department must— a issue or cause to be issued to that beneficiary a voucher; or b credit an amount to a voucher previously issued to that beneficiary, to enable the beneficiary to purchase Healthy Start food. 2 A voucher issued under paragraph (1)(a) may be in paper form, electronic form or in the form of a pre-paid payment card. 3 The value represented by a voucher or credit issued under paragraph (1) (“voucher or credit value”) must not be less than £3.10. 4 Subject to paragraph (3), the Department may increase or decrease the voucher or credit value. 5 When determining whether to exercise the power in paragraph (4) the Department must have regard to the following— a the cost of purchasing Healthy Start food; b any matters relating to the supply of Healthy Start food; and c any other relevant factors. 6 Where the power in paragraph (4) is exercised, the Department must publish, in such a manner as the Department considers appropriate— a the revised voucher or credit value; and b the date from which that value is to apply. Provision of Healthy Start vitamins 11 1 A health service body is a Health and Social Services Board or a Health and Social Services Trust. 2 A health service body shall have the function of provision of Healthy Start vitamins for beneficiaries. 3 A health service body may make arrangements for a pharmacist or other person or body to supply Healthy Start vitamins for beneficiaries on its behalf. 4 Where a health service body makes arrangements under paragraph (3), it must inform beneficiaries where they may obtain Healthy Start vitamins. 5 A beneficiary who is entitled to Healthy Start vitamins must produce ...evidence of his entitlement to a person who supplies Healthy Start vitamins for beneficiaries. 6 For the purposes of paragraph (5), ...evidence of entitlement may consist of a letter from the Department that confirms the entitlement of the beneficiary to Healthy Start food and, if requested by the person who supplies the Healthy Start vitamins, in respect of a beneficiary who is a child, documentary evidence of the child’s age. 7 The Department shall pay a health service body an amount equal to the cost of the Healthy Start vitamins that the health service body has provided (or secured the provision of) to a beneficiary. Use of voucher 12 1 A beneficiary may only use a voucher to purchase Healthy Start food. 2 Subject to paragraph (3), a voucher issued to a beneficiary may be used only by the beneficiary for whom it was issued. 3 A voucher issued to a beneficiary who is a child who is breast-fed by his mother may be used to purchase Healthy Start food for consumption by the mother. 4 No person shall buy or sell or otherwise use— a a voucher; b Healthy Start food purchased with a voucher; c Healthy Start vitamins supplied under the Healthy Start scheme to a beneficiary, except in accordance with the Healthy Start scheme. 5 Where a voucher issued to a beneficiary has not been used for a period of 16 consecutive weeks the Department may cancel the voucher. Requirement to provide information or evidence 12A 1 The Department may require a person to take reasonable steps to provide such information or evidence as may reasonably be needed in connection with the administration of the Healthy Start scheme. 2 A person to whom a person is required to provide information or evidence under paragraph (1), must produce to that person evidence of his authority from the Department, if requested. 3 Where a person fails to produce the information or evidence required the Department may suspend the issue of vouchers or credit to the person until— a the information or evidence requested is provided; b the Department is satisfied of the person’s entitlement to benefit pursuant to these Regulations or the person’s compliance with the requirements of the Healthy Start scheme; or c the person ceases to be entitled to benefit under these Regulations (whether in accordance with paragraph (4) or another provision, as to which see regulation 9). 4 Where the issue of vouchers or credit has been suspended under paragraph (3) for a period of 16 consecutive weeks, the beneficiary ceases to be entitled to benefit under these Regulations. Failure to receive benefit ... 13 1 If a beneficiary fails to receive benefit as a result of a failure to receive a voucher or credit , he may, in accordance with paragraph (3), so notify in writing the Department for the purposes of paragraph (4). 2 If a beneficiary who is entitled to benefit under regulations 4 and 5 receives a voucher or credit to a voucher, and— a the voucher is lost or stolen or accidentally destroyed; or b it is not possible to use the voucher to purchase Healthy Start food within a reasonable distance of the beneficiary’s home; or c the beneficiary is a child under the age of one year and it is not possible to use the voucher to purchase Healthy Start food consisting of infant formula as described in Schedule 2 within a reasonable distance of the child’s home, the beneficiary may, in accordance with paragraph (3), so notify in writing the Department for the purposes of this regulation. 3 A beneficiary who so notifies in the circumstances described — a in paragraph (1) must, in the case of the first voucher pursuant to a claim, do so within twelve weeks of, and including the date he made his claim to the Department or, in any other case, within eight weeks and including of the date the voucher or credit was due to be received ; b i in paragraph (2)(a),must do so within 16 weeks beginning with the date on which the voucher or credit was received; ii in paragraph (2)(b) and (c), must do so within 8 weeks beginning with the date on which the voucher or credit was received. 4 If the Department is satisfied— a on a notification pursuant to paragraph (1) or otherwise, that a beneficiary did not receive a voucher or credit because of some act or omission on the part of the Department or Her Majesty’s Revenue and Customs , b on a notification pursuant to paragraph (2)(a), that the voucher has been lost or stolen or accidentally destroyed, or c on a notification pursuant to paragraph 2(b) or (c), that it is not possible to use the voucher to purchase Healthy Start food, or Healthy Start food consisting of infant formula as described in Schedule 2, within a reasonable distance of the beneficiary’s home, it shall , subject to paragraph (5), either, as it considers appropriate, issue or cause to be issued to that beneficiary a voucher or credit or pay the beneficiary an amount equal to the value represented by the voucher or, as the case may be, credit . 5 Where a voucher is issued or payment is made in a case falling within under paragraph (4)(b) or (c), the amount of any credit spent prior to such notification being made may be deducted from the value represented by the voucher or payment. Property in voucher 14 1 Every voucher is and shall remain the property of the Department. 2 Any person in possession of a voucher shall, if so requested by the Department, produce or deliver it to the Department within such time and to such place as the Department may direct in writing. PART V FOOD OUTLETS Application for registration of food outlet 15 1 A person carrying on a business of the supply of food who wishes to supply Healthy Start food in exchange for a voucher and to receive payment from the Department for such supply shall apply in writing to the Department to be registered as a food outlet. 2 A person who applies under paragraph (1) shall provide the information, supported by the declaration specified in Schedule 3. 3 The information provided by a person who applies under paragraph (1) may be disclosed to and used by persons carrying out functions on behalf of the Department for the purposes of enforcement of the Healthy Start scheme. 4 The Department shall register an applicant as a food outlet if it is satisfied that the information and declaration provided by the applicant are accurate and complete. 5 A food outlet shall notify the Department of any material change that may affect the information provided pursuant to this regulation or his ability to supply Healthy Start food. 6 A person shall cease to be a food outlet if the Department determines that the person— a has failed to provide any information or evidence required under the Healthy Start scheme; b is in persistent breach of his duties under the Healthy Start scheme; or c has not submitted a claim for payment pursuant to regulation 17 for a period of one year. 7 The Department may determine that a person who has been convicted of an offence punishable by at least six months' imprisonment shall cease to be a food outlet. Duties of food outlet 16 1 A food outlet who accepts a voucher from a beneficiary shall supply the beneficiary with Healthy Start food to the value indicated on the face of the voucher and in accordance with the Healthy Start scheme. 2 Where a food outlet supplies Healthy Start food pursuant to paragraph (1) and the value of the Healthy Start food supplied is less than the value indicated on the face of the voucher, the food outlet shall not provide the beneficiary with anything to recompense the beneficiary for the outstanding value. 3 If a food outlet accepts a voucher and fails on that occasion to supply Healthy Start food to a beneficiary, the food outlet shall, within the period of validity of the voucher or as soon as practicable after that period— a supply the beneficiary with the Healthy Start food; or b credit the beneficiary with an amount equal to the value indicted on the face of the voucher towards the next purchase by the beneficiary of food of a description similar to that of Healthy Start food. Payment of food outlet 17 1 A food outlet who wishes to receive payment shall submit to the Department a claim in writing that includes the information set out in Schedule 4 together with the vouchers to which the claim relates. 2 If the Department is satisfied that the information provided by the food outlet pursuant to paragraph (1) is accurate and complete, it shall pay the food outlet an amount equal to the value indicated on the face of each voucher submitted. 3 The Department may pay a food outlet in respect of a greater or lesser number of vouchers than are indicated as included with a claim made pursuant to paragraph (1) where it is clear on the face of the documents that an error has been made. 4 The Department shall not be obliged to make a payment in respect of a voucher included with a claim pursuant to paragraph (1) if the claim is received by the Department more than six months after the period of validity on the face of the voucher. 5 If the Department is satisfied that— a a food outlet submitted a claim in writing together with a voucher pursuant to paragraph (1); and b the food outlet received the voucher in exchange for Healthy Start food provided to a beneficiary in accordance with the Healthy Start scheme; the Department may pay the food outlet an amount equal to the value indicated on the face of the voucher, notwithstanding that the claim has not been received. Requirement to furnish information 18 1 The Department may require a food outlet to furnish it with such information or evidence as may reasonably be needed in connection with the administration of the Healthy Start scheme. 2 A person to whom a person is required to furnish information or evidence shall produce to that person evidence of his authority from the Department, if requested. 3 Any document produced pursuant to paragraph (1)— a shall be provided in a legible form; b may be copied or extracts may be taken from it, and c shall be explained by the person producing it, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by the body corporate, if so requested by the Department. 4 A person who has failed to produce information or evidence required pursuant to paragraph (1) shall state, to the best of his knowledge and belief, where it is held. PART VI MISCELLANEOUS Application of statutory provisions 19 The provisions relating to the administration of benefit under the Social Security Administration (Northern Ireland) Act 1992 specified in column (1) of Schedule 5 shall have effect for the purpose of the administration of the Healthy Start scheme, subject to the modifications set out in column (2) of that Schedule. Offences 20 A person who contravenes or fails to comply with any of the following provisions of these regulations, namely— regulation 9(2); regulation 12(4); regulation 14(2); regulation 16(1); regulation 16(3); shall be guilty of an offence under Article 13 of the Social Security (Northern Ireland) Order 1988 and liable on summary conviction to a penalty not exceeding level 3 on the standard scale. Transitional Provisions 21 1 Any person other than a child over the age of four, who, at the date of coming into operation of these Regulations, is— a specified in regulation 2(1) of the 1988 Regulations as entitled to and is in receipt of milk or dried milk in accordance with regulation 2 of the 1988 Regulations shall be treated as a person entitled to Healthy Start food under the Healthy Start scheme; or b specified in regulation 2(2) of the 1988 Regulations as entitled to and is in receipt of vitamins for personal consumption in accordance with regulation 2 of the 1988 Regulations shall be treated as a person entitled to Healthy Start vitamins under the Healthy Start scheme. 2 Where a beneficiary described in regulation 8(1) of the 1988 Regulations has applied to the Department but his application has not been determined at the date of coming into operation of these Regulations— a the Department shall determine the application in accordance with regulation of 13(4) of these Regulations; and b regulation 13(4)(a) of these Regulations shall for this purpose be applied as if for the word “voucher” there were substituted “milk token”. 3 If a beneficiary described in regulation 8(1) of the 1988 Regulations has not applied to the Department before the coming into operation of these Regulations— a he may instead make an application to the Department; b that application shall be determined under regulation 13(1), (3)(a) and (4) of these Regulations; and c regulation 13(1), (3)(a) and (4)(a) of these Regulations shall be applied for this purpose as if for the word “voucher” there were substituted “milk token”. PART VII CHILDREN IN DAY CARE Day Care Food Scheme Interpretation 22 1 In the Day Care food scheme— “Education and Library Board” means a Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 ; “Day Care food” means milk or infant formula; “handicapped child” means a child who has attained the age of 5 years but has not attained the age of 16 years and for whom an Education and Library Board is maintaining a statement of special educational needs within the meaning of Article 16 of the Education (Northern Ireland) Order 1996 , and who is not a registered pupil at a school. “infant formula” means a food based on cow’s milk intended for particular nutritional use from birth by infants in good health, and satisfying by itself the nutritional requirements of such infants, which has been concentrated to the form of powder, granule or solid by the removal of water, “milk” means 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; “the 1988 Regulations” means the Welfare Foods Regulations (Northern Ireland) 1988 ; “the 1995 Order ” means the Children (Northern Ireland) Order 1995 ; “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members thereof. 2 Where any provision of the Day Care Food scheme requires or enables anything to be done by, or in respect of, a beneficiary and that beneficiary is either a child who has not attained the age of 5 years or a handicapped child, the provision shall be deemed to refer to a parent with parental responsilbilities for the child, or the child’s guardian or the person having care of him. Milk or Infant Formula for children in day care 23 1 Each child who has not attained the age of 5 years and who is cared for by a person registered by the Department under paragraph (4) shall be entitled to receive, for each day on which he is so cared for, free of charge— a except where the child has not attained the age of 1 year up to 189 millilitres of milk; b where the child has not attained the age of 1 year, either up to 189 millilitres of milk or infant formula, made up to provide 189 millilitres. 2 Any of the following may apply to the Department to be registered to participate in the arrangements to provide Day Care food under the Day Care food scheme— a a person who receives a child into premises which are registered pursuant to Article 118 of the 1995 Order; b a voluntary organisation which provides a play-bus for the use of children; or c a person who receives a child into a nursery school under the management of or assisted by an Education and Library Board. 3 An application to be registered under paragraph (2) shall— a be in writing; b be sent to the Department; c be accompanied by the information specified in paragraph 1 of Schedule 6; d include a declaration that the information supplied is correct and complete; and e in the case of an application pursuant to paragraph (2)(a) also be accompanied by the certificate of registration issued under Article 127 of the 1995 Order. 4 The Department shall confirm in writing the registration if it is satisfied that the applicant will make adequate arrangements for the provision of Day Care food for the purposes of the Day Care Food scheme, and may cancel the registration if it ceases to be so satisfied. 5 A person registered under paragraph (4) who supplies Day Care food under the Day Care Food scheme shall, subject to paragraphs (6) to (8), be reimbursed by the Department in accordance with paragraph (9). 6 Claims for reimbursement shall be made to the Department and shall, so far as resonably practicable, be made at intervals of 4 months and in respect of supplies in the period of 4 months immediately preceding the claim. 7 Claims for reimbursement shall— a contain the information specified in paragraph 2 of Schedule 6 and a declaration that the information is correct and complete; b if so required by the Department, be supported by an invoice, a receipt or other documentary evidence of the price paid for the Day Care food supplied. 8 The Department shall not be obliged to reimburse a person in respect of the supply of Day Care food which occurred more than 2 years before the date of the claim. 9 The amount reimbursed to a person for Day Care food under this regulation shall be the cost to that person of purchasing it. Application of Statutory Provisions 24 The provisions relating to the administration of benefit made under the Social Security Administration (Northern Ireland) Act 1992 specified in column (1) of Schedule 5 shall have effect for the purpose of the administration of the Day Care Food scheme, subject to the modifications set out in column (2) of that Schedule. Transitional Provisions 25 Any person who, at the date of coming into operation of these Regulations is approved by the Department under regulation 3(4) of the 1988 Regulations shall be treated as a person registered under Part VII of these Regulations. PART VIII REVOCATIONS Revocation of the 1988 Regulations 26 1 Subject to paragraph (2) the Welfare Food Regulations (Northern Ireland) 1988 are revoked. 2 Paragraph (1) does not apply in the case of milk supplied in exchange for a milk token before 27th November 2006. Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 23rd November 2006. James S. Livingstone A senior officer of the Department of Health, Social Services and Public Safety