
1 

(1) These Regulations may be cited as the Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2017 and come into operation on 18th October 2017.
(2) In these regulations “the principal Regulations” means the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 

(1) Regulation 4 of the principal Regulations (entitlement to benefit) is amended as follows.
(2) In paragraph (2)—
(a) in sub-paragraph (b)(i), for “or (b)” substitute “, (aa) or (b)”;
(b) in sub-paragraph (b)(ii), for “or (d)” substitute “, (d) or (da)”;
(c) in sub-paragraph (b)(iii), after “(3)(e)” insert “or (f)”.
(3) In paragraph (3)—
(a) after sub-paragraph (a) insert—“
(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);”;
(b) in sub-paragraph (d)(i), for “18” substitute “16”;
(c) at the end of sub-paragraph (d)(iii) omit “or”;
(d) after sub-paragraph (d) insert—“
(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);”;
(e) for the full stop at the end of sub-paragraph (e) substitute—“; 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); or
(ii) for whom a relevant child has parental responsibility.”.
(4) In paragraph (4), for “or (d)” substitute “, (d) or (da)”.
(5) In paragraph (5), for “or (d)” substitute “, (d) or (da)”.
(6) In paragraph (6), after “(3)(e)” insert “or (f)”.
(7) In paragraph (7), after “(e)” insert “, the definition of “relevant child” in paragraph (11)”.
(8) After paragraph (7) insert—“
(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;
 “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—
(a) who is the responsibility of, and member of the same household as, a person who—
(i) 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
(ii) either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7); or
(b) 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.”.
3 
In regulation 5 of the principal Regulations (claim for benefit)—
(a) in paragraph (2), after “4(3)(e)” insert “or (f)”;
(b) after paragraph (3) insert—“
(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.”.
4 

(1) Paragraph 4 of Schedule 1 to the principal Regulations (declaration needed for application for benefit) is amended as follows.
(2) In sub-paragraph (1), in the words before paragraph (a), for “pregnant woman, mother or child” substitute “pregnant woman described in regulation 4(3)(a) or (b), mother described in regulation 4(3)(c) or (d) or child described in regulation 4(3)(e)”.
(3) After sub-paragraph (1) insert—“
(1A) A claim in respect of a pregnant woman described in regulation 4(3)(aa)(i) or a mother described in regulation 4(3)(da)(i) must include a declaration signed by the claimant that—
(a) the pregnant woman or mother, as the case may be, is entitled to universal credit; and
(b) the pregnant woman or mother, as the case may be, satisfies the condition in regulation 4(8).
(1B) A claim in respect of a pregnant woman described in regulation 4(3)(aa)(ii) or a mother described in regulation 4(3)(da)(ii) must include a declaration signed by the claimant that—
(a) the pregnant woman or mother, as the case may be, is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person entitled to universal credit; and
(b) the person entitled to universal credit mentioned in paragraph (a) satisfies the condition in regulation 4(8).
(1C) A claim in respect of a child described in regulation 4(3)(f)(i) must include a declaration signed by the claimant that—
(a) the child is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person entitled to universal credit; and
(b) the person entitled to universal credit mentioned in paragraph (a) satisfies the condition in regulation 4(8).
(1D) A claim in respect of a child under the age of 4 years in respect of whom a relevant child has parental responsibility (within the meaning of regulation 4(3)(f)(ii)) must include a declaration signed by the claimant that the relevant child in relation to the child—
(a) is the responsibility of, and member of the same household as, a person who is entitled to—
(i) income support;
(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 Credit Act 2002 is determined at the time of the award not to exceed £16,190, and the person is not entitled to working tax credit or is treated as not being so entitled by virtue of regulation 4(7); or
(b) is the responsibility (within the meaning of regulation 4 of the Universal Credit Regulations (Northern Ireland) 2016) of a person entitled to universal credit.
(1E) Where the claimant provides a signed declaration under sub-paragraph (1D)(b), the claimant must also provide a signed declaration that the person entitled to universal credit mentioned in that paragraph satisfies the condition in regulation 4(8).
(1F) Where the claimant provides a signed declaration under sub-paragraph (1A), (1B), (1C) or (1D), the claimant must also provide a signed declaration that the claimant understands the rules of the Healthy Start scheme and will abide by the claimant’s obligations under that scheme.”.
(4) In sub-paragraph (2), for “declaration described in sub-paragraph (1) is” substitute “declarations described in sub-paragraphs (1) to (1D) are”.
Sealed with the Official Seal of the Department of Health on 27 September 2017.
Richard Pengelly
A senior officer of the
Department of Health
