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

[^key-1da29648c20d5657e5e320282dde3b16]: Words in reg. 13(2) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(i)(aa) (with regs. 3, 4)

[^key-5e6708236d227a3419afbc429869be85]: Word in reg. 13(2) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(i)(bb) (with regs. 3, 4)

[^key-f654252e5ef9ec0a03ab251ca3d78d9e]: Words in reg. 13(2)(a) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(ii) (with regs. 3, 4)

[^key-107fb3b04fa845431e34c5d30e72c3cb]: Words in reg. 13(2)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(b)(iii) (with regs. 3, 4)

[^key-c2b7517834d8d448e8cae9231c1e3155]: Reg. 13(3) substituted for reg. 13(3) (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(14)(c) (with regs. 3, 4)

[^key-b0454e821380cc96c60d07cbf2388976]: Reg. 14 substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(15) (with regs. 3, 4)

[^key-02bd2bc30789350cb12f4f3ea2dd15f7]: Sum in Reg. 13(1) substituted (1.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(2), 4 (with sch. para. 2)

[^key-b22616ed8b113e95cd0715df1d8640ab]: Words in reg. 2 omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(2) (with reg. 11)

[^key-ce609a1fb3f8229751a1159d2e36b782]: Words in reg. 5(2)(a)(i) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(3) (with reg. 11)

[^key-cbd64db05ef95319a6e3ebabfd4bcda5]: Word in reg. 6(4) substituted (23.6.2025) by The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(4) (with reg. 11)

[^key-ecf7a2f3e8806afb7294b32a75d9404a]: Reg. 10(1)(a) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(a) (with reg. 11)

[^key-b4bf6da038d5f5f5a47887b5bf767f66]: Reg. 10(1)(b) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(a) (with reg. 11)

[^key-bf98b223c5bee28d4e17410b55e57adf]: Words in reg. 10(3) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 3(5)(b) (with reg. 11)

[^key-6b54690fce66be8f0b9a839b933092c0]: Reg. 9(2)(af) inserted (11.9.2025) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/250), regs. 1(2), 3(2)

[^key-ef9d4c01f2a81345fe47342e082a85be]: Words in reg. 9(2)(aa) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 5(2)(a)

[^key-209f95fb8c37f8302a2c56f74df8c8c3]: Reg. 9(2)(aaa)(aab) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 5(2)(b)

Partners of pregnant women

7A

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

• (a) an individual who—

• (i) is the partner of a pregnant woman,

• (ii) is, or the pregnant woman mentioned in head (i) is, in receipt of a kind of assistance mentioned in regulation 10, including a person who has been awarded a kind of assistance but has not yet received payment,

• (iii) is 18 years of age or over,

• (iv) ordinarily resident in Scotland, and

• (v) is receiving benefit for the use of the pregnant woman mentioned in head (i), or

• (b) an individual who is—

• (i) the partner of a pregnant woman,

• (ii) either—

• (aa) under 18 years of age, or

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

• (iii) receiving benefit for the use of the pregnant woman mentioned in head (i).

• (2) The individual described in paragraph (1)(b) must meet the residence requirement in regulation 9.

• (3) If an individual mentioned in paragraph (1)(b) reaches the age of 18 years or ceases to be a dependant before the end of their partner’s pregnancy, the individual remains entitled to benefit until the end of that pregnancy.

Children

Residence requirement

Kinds of assistance

Entitlement – further provision

Change of circumstances affecting entitlement to benefit

Appointment of a person to act on behalf of an individual

12A

• (1) The Scottish Ministers may appoint a person (“an appointee”)—

• (a) to—

• (i) act on behalf of an individual described in regulation 7 or 7A in connection with the determination of that individual’s entitlement to benefit under and in accordance with these Regulations, or

• (ii) act on behalf of an individual responsible for a child described in regulation 8 (as read with regulation 11(4)) in connection with the determination of that child’s entitlement to benefit under and in accordance with these Regulations, and

• (b) to be paid benefit on the individual’s behalf.

• (2) The Scottish Ministers may only appoint an appointee if it appears to them that either paragraph (3), (4) or (4A) applies.

• (3) This paragraph applies if—

• (a) the individual is deceased, and

• (b) there is no executor appointed on the individual’s estate.

• (4) This paragraph applies if, in relation to the matters mentioned in paragraph (1)—

• (a) the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,

• (b) there is no guardian acting or appointed under that Act,

• (c) the individual’s estate is not being administered by a judicial factor, and

• (d) there is no other person who has authority to act on behalf of the individual and is willing to do so.

• (4A) This paragraph applies if—

• (a) the individual is under 16 years of age, and

• (b) it appears to the Scottish Ministers that there is no person who—

• (i) has authority to act on behalf of the individual,

• (ii) resides with, and has care of, the individual, and

• (iii) is willing, and practicably able, to act on the individual’s behalf in relation to the matters mentioned in paragraph (1).

• (5) An individual who is under 16 years may not be appointed as an appointee.

• (6) Where an appointee is appointed in relation to an individual who is 16 years of age or over—

• (a) the appointee can do anything that the individual could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

• (b) the Scottish Ministers may request that the appointee provide them with information that they may otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

• (c) any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.

• (6A) Where an appointee is appointed to act on behalf of an individual who is under 16 years of age—

• (a) the appointee can do anything that a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual’s entitlement to benefit could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

• (b) the Scottish Ministers may request that the appointee provide them with information that they might otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

• (c) any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.

• (7) The Scottish Ministers may terminate an appointment under this regulation at any time.

• (8) The Scottish Ministers must consider whether to terminate an appointment made by virtue of paragraph (3) if requested to do so by anyone who appears to the Ministers to have an interest in the financial affairs of the individual.

• (9) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4), or to terminate such an appointment, if requested to do so by—

• (a) the individual, or

• (b) anyone else who appears to the Ministers to—

• (i) have authority to act on behalf of the individual, or

• (ii) have an interest in the welfare or financial affairs of the individual.

• (9A) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4A), or to terminate such appointment, if requested to do so by—

• (a) the individual, or

• (b) anyone else who appears to the Ministers to—

• (i) have authority to act on behalf of the individual,

• (ii) reside with, and have care of the individual, or

• (iii) have an interest in the welfare or financial affairs of the individual.

• (10) Paragraph (11) applies where the Scottish Ministers are deciding whether to make an appointment by virtue of paragraph (4) or (4A) or to terminate such an appointment.

• (11) In making the decision, the Scottish Ministers must, insofar as practicable, have regard to—

• (a) the wishes and feelings of the individual, ...

• (b) the views of anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the individual, and

• (c) where the individual is under 16 years of age, the views of anyone who is a relevant person in relation to the individual within the meaning of section 200 of the Children’s Hearings (Scotland) Act 2011.

• (12) A person appointed by the Scottish Ministers under and in accordance with section 85B of the 2018 Act may be treated by them as an appointee of—

• (a) an individual described in regulation 7 or 7A, or

• (b) a person who is responsible for an individual described in regulation 8,

in connection with the determination of the individual’s entitlement to benefit under these Regulations.

• (12A) A person appointed by the Scottish Ministers under and in accordance with section 85A of the 2018 Act may be treated by them as an appointee of an individual under 16 years of age in connection with the determination of the individual’s entitlement to benefit under these Regulations.

• (13) In respect of decisions in relation to appointees for the purposes of this regulation, the Scottish Ministers must act in accordance with guidelines prepared for the purposes of section 85C of the 2018 Act as if the references in those guidelines to appointments under that Act were references to appointments under these Regulations.

• (14) A person appointed under this regulation must have regard to any guidance issued by the Scottish Ministers about the way in which the role of appointee should be carried out.

• (15) In this regulation, “the 2018 Act” means the Social Security (Scotland) Act2018.

Meaning of “kinship carer”

5A

• (1) An individual is a kinship carer for a child on a day if—

• (a) the individual is—

• (i) a person who is related to the child,

• (ii) a person who is known to the child and with whom the child has a pre-existing relationship, or

• (iii) a friend or acquaintance of a person related to the child, and

• (b) on that day, the child lives with the individual (exclusively or predominantly) under the terms of—

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

• (ii) any other order under section 11(1) of the Children (Scotland) Act 1995 (“the 1995 Act”), or

• (iii) an agreement between the individual, the individual’s partner or both of them and—

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

• (bb) 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 (“the 1989 Act”), or

• (cc) an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995 (“the 1995 Order”).

• (2) A person described in paragraph (1)(a) must not be—

• (a) the parent of the child within the meaning of section 15(1) of the 1995 Act,

• (b) a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009,

• (c) a local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, or

• (d) an authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order.

• (3) In paragraph (1)(a) “related” means related either by blood, marriage or civil partnership.

Other entitled individuals in respect of a pregnant woman

7B

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

• (a) the individual that a pregnant woman as described in regulation 7(1)(b) is a dependant of, or

• (b) the partner of the individual described in sub-paragraph (a),

who is receiving benefit for the use of the pregnant woman.

• (2) The individual described in paragraph (1) mustmeet the residence requirement in regulation 9.

• (3) If the pregnant woman is no longer a dependant of the individual described at paragraph (1)(a) before the end of their pregnancy, that individual or their partner remains entitled to benefit until the end of that pregnancy.

Children

Residence requirement

Kinds of assistance

Entitlement – further provision

Change of circumstances affecting entitlement to benefit

Appointment of a person to act on behalf of an individual

PART6A — Procedural matters

When an application is to be treated as made

18A

• (1) An application is to be treated as made—

• (a) on the day it is received by the Scottish Ministers, or

• (b) on the day chosen by the Scottish Ministers in accordance with paragraph (2).

• (2) If, before making a decision on the basis of an application, the Scottish Ministers consider that the beneficiary—

• (a) would not be entitled to benefit under these Regulations if the application were treated as made on the day they received it, and

• (b) would be entitled to benefit under these Regulations if the application were treated as made on a day falling within a period of 10 days beginning with the day they received it,

the Scottish Ministers may choose the day within that 10 day period on which the application is to be treated as made.

Decision following backdated award of assistance

18B

• (1) The Scottish Ministers are to make a decision on an individual’s entitlement to benefit under these Regulations (without receiving an application) where the circumstances in paragraphs (2) to (6) apply.

• (2) The Scottish Ministers have previously made a decision that the individual is not entitled to benefit under these Regulations (“the original decision”).

• (3) The original decision was made on or after 26 February 2024.

• (4) The Scottish Ministers establish that a backdated award of assistance of a kind specified in—

• (a) regulation 5(2)(a) is made in circumstances in which regulation 5(2)(b) applies, or

• (b) regulation 10 is made.

• (5) The award referred to in paragraph (4) (“the backdated award”) is backdated to a day, or a period that begins on a day, that falls no later than the day on which the original decision was made.

• (6) Had the backdated award been made before the original decision, a decision that the individual is entitled to benefit under Regulations would have been made.

• (7) For the purposes of this regulation, an award is backdated if it relates to a day, or a period that begins on a day, that falls before the day the decision to make the award was taken.

• (8) In making a decision required by paragraph (1) the Scottish Minsters are to use—

• (a) the information provided in the application that led to the original decision, and

• (b) any other information they have obtained in connection with that application.

• (9) Where a decision is to be, or has been, made without an application by virtue of paragraph (1), an individual’s entitlement to benefit under these Regulations begins on the day the application that led to the original decision was made.