The Welfare Food Regulations 1996

Entitlement to free milk

3.—(1) Subject to paragraph (4) and the provisions as to milk tokens in Parts III and IV, any person specified in paragraph (2) is entitled to receive milk for personal consumption, in accordance with these Regulations, free of charge.

(2) For the purposes of paragraph (1), the person specified is any of the following in Great Britain—

(a)an expectant mother who is, or is a member of the family of a person who is, entitled to income support or to an income-based jobseeker’s allowance; or

(b)a child who has attained the age of one year but is under the age of five years and who is a member of the family of a person who is entitled to income support or to an income-based jobseeker’s allowance; or

(c)a qualifying child.

(3) A child is a qualifying child if he—

(a)has attained the age of five years but is under the age of 16 years;

(b)is not in paid employment; and

(c)because of a physical or mental disability is neither a registered pupil at a school in accordance with the provisions of the Education Act 1944(1) nor a pupil in attendance at a school in accordance with the provisions of the Education (Scotland) Act 1980(2).

(4) No qualifying child shall be entitled to milk unless a claim in writing is made on his behalf to the Secretary of State, or to a person authorised by the Secretary of State, and the claim includes the information, and is supported by the document, specified in Schedule 2.

(5) A beneficiary’s entitlement under this regulation is to milk at the rate of seven 568 millilitre measures a week or, where milk is supplied in multiples of 500 millilitres only, eight 500 millilitre measures a week(3).