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In force since 2026-10-13, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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11 provisions
Title and introductory text
2026 No. 1092
FOOD, ENGLAND AND WALES
The Welfare Food (Amendment) (England and Wales) Regulations 2026
Made
13th October 2026
Laid before Parliament
15th October 2026
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 13(1)(c), (3), (4) and (5) of the Social Security Act 1988 (“the 1988 Act”) and section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992.
In accordance with section 13(2) of the 1988 Act, the Secretary of State has consulted the Welsh Ministers.
Propose a change1 Citation, commencement, extent and application
(1) These Regulations may be cited as the Welfare Food (Amendment) (England and Wales) Regulations 2026.
(2) These Regulations come into force on 12th November 2026, except regulation 10 which comes into force on 1st April 2027.
(3) These Regulations extend to England and Wales.
(4) Regulation 2, in so far as it relates to—
(a) the amendments made by regulations 3 to 9, applies in relation to England and Wales;
(b) the amendments made by regulation 10, applies in relation to Wales only.
Propose a change2 Amendment of the Welfare Food Regulations 1996
The Welfare Food Regulations 1996 are amended in accordance with regulations 3 to 10.
Propose a change3 Amendment of regulation 2 (interpretation)
In regulation 2(1)—
(a) insert the following definitions in the appropriate places—
“childcare”—
in relation to England, has the same meaning as in section 18 of the Childcare Act 2006;
in relation to Wales, means—
child minding or day care for children within the meaning of section 19(2) and (3) of the Children and Families (Wales) Measure 2010; or
care provided to a child at a school which is not day care for the purposes of Part 2 of that Measure by virtue of article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
“childcare provider” means a childcare provider specified in regulation 18(2);
;
(b) omit the definitions of “day care”, “day care provider”, “exempt establishment”, “exempt school”, “registered child minder”, “registered day care provider”, and “school milk subsidy”.
Propose a change4 Amendment to Part V
In the heading of Part V, for “in day care”, substitute “provided with childcare”.
Propose a change5 Amendment of regulation 18
(1) In the heading of regulation 18, for “in day care” substitute “provided with childcare”.
(2) For regulation 18, substitute—
(1) A child who is under the age of five years on each day that the child is provided with childcare for two hours or more, by any childcare provider who is approved as a supplier in accordance with regulation 19, is entitled, free of charge—
(a) if that child has attained the age of one year, to 189 millilitres of milk or, where milk is supplied in containers of 200 millilitres only, to 200 millilitres of milk; or
(b) if that child has not attained the age of one year, dried milk made up to provide 189 millilitres.
(2) For the purposes of paragraph (1) a childcare provider is—
(a) in relation to England, an early years provider to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies; or
(b) in relation to Wales—
(i) a person registered as a child minder or provider of day care under Part 2 of the Children and Families (Wales) Measure 2010; or
(ii) a person who provides care to a child at a school which is not day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 by virtue of article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010.
.
Propose a change6 Amendment of regulation 19 (approval of suppliers)
In regulation 19—
(a) in paragraph (1), for “day care” substitute “childcare”;
(b) for paragraph (2), substitute—
(2) An application for approval under paragraph (1) must be in writing and the application shall include the information specified in paragraph 1(a) to (g) of Schedule 5.
;
(c) in paragraph (3), for “day care, or looking after,” substitute “childcare for”;
(d) in paragraph (4), for “day care” substitute “childcare”; and
(e) in paragraph (5)(a), for “day care” substitute “childcare”.
Propose a change7 Amendment of regulation 20 (reimbursement of approved suppliers)
In regulation 20—
(a) in paragraph (1)—
(i) for “to (4)” substitute “and (3)”;
(ii) for “day care” substitute “childcare”.
(b) omit paragraph (4).
Propose a change8 Amendment of regulation 21A (functions of the NHS Business Services Authority)
In regulation 21A(1)(a), for “day care” substitute “childcare”.
Propose a change9 Amendment of Schedule 5
In Schedule 5—
(a) in the heading, for “in day care”, substitute “provided with childcare”.
(b) in paragraph 1—
(i) for sub-paragraph (b), substitute—
(b) information sufficient to identify the type of childcare provision provided by the applicant;
;
(ii) for sub-paragraph (d), substitute—
(d) the hours each week during which the applicant provides childcare;
;
(iii) in sub-paragraph (e), for “likely to be cared for at a session” substitute “reasonably expected to be provided with childcare for two hours or more a day for the day for which a claim is being made;”;
(iv) for sub-paragraph (g), substitute—
(g) either—
(i) the reference number assigned to the applicant, or
(ii) a copy of the certificate or other document evidencing that the applicant falls within regulation 18(2), or if the Secretary of State so requires it, the original of that certificate or document;
;
(v) omit sub-paragraph (h); and
(vi) omit sub-paragraph (i).
(c) in paragraph 2—
(i) in sub-paragraph (b), for “children are cared for” substitute “childcare is provided”;
(ii) in sub-paragraph (e), for “number of sessions each week” substitute “the hours each week during which the applicant provides childcare;”; and
(iii) omit sub-paragraph (g).
Propose a change10 Consequential amendments relating to childcare in Wales
(1) In regulation 2(1), in paragraph (b)(ii) of the definition of “childcare”, for “article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010” substitute “article 16 of the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026”; and
(2) In regulation 18(2)(b)(ii), for “article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010” substitute “article 16 of the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026”.
Propose a change