The Welfare Food (Amendment) (England and Wales) Regulations 2026

Published: Thu 15th Oct 26

Updated the Nursery Milk Scheme definitions and eligibility criteria to align with contemporary childcare legislation in England and Wales.

These Regulations update the Nursery Milk Scheme by replacing the term 'day care' with 'childcare' and aligning provider eligibility with current English and Welsh legislation.

They mandate that children under five years old who receive at least two hours of care per day from an approved provider are entitled to 189ml of free milk (or 200ml in specific containers).

The order applies to childcare providers in England and Wales, including early years providers, registered childminders, and certain school-based care settings, allowing them to claim reimbursement for milk supplied to eligible children.

Arguments For

The regulations state that the amendments update references to childcare legislation in England and Wales to reflect statutes enacted since 1996, such as the Childcare Act 2006 and the Children and Families (Wales) Measure 2010.
The explanatory note asserts that the changes extend eligibility for the Nursery Milk Scheme to providers registered with Childminder Agencies, placing them on equal footing with those registered with Ofsted.
Proponents indicate the updates ensure the Nursery Milk Scheme remains aligned with the current regulatory framework for early years provision and day care exceptions.

Arguments Against

Legal scholars might note that the instrument relies on cross-references to multiple sets of primary and secondary legislation across two jurisdictions, which may complicate compliance for small childcare providers.
Administrative bodies might identify a need for updated guidance to ensure that providers previously classified under 'day care' correctly transition to the new 'childcare' definitions and reporting requirements.
The document notes that no impact assessment was produced, which could be questioned by stakeholders interested in the specific financial or administrative burden of the new registration and claim procedures.

-(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.

This section establishes the official name and geographic reach of the regulations, covering England and Wales.

Most provisions take effect on 12 November 2026, while specific changes for Wales regarding childcare exceptions are deferred until 1 April 2027.

2 The Welfare Food Regulations 1996 are amended in accordance with regulations 3 to 10.

This provision grants the legal authority to modify the Welfare Food Regulations 1996.

It serves as the formal link between this new instrument and the existing regulatory framework for welfare foods.

3 In regulation 2(1)-

(a) insert the following definitions in the appropriate places-

''childcare'-

(a) in relation to England, has the same meaning as in section 18 of the Childcare Act 2006; (b) in relation to Wales, means- (i) 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 (ii) 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'.

This section replaces outdated terminology with modern legal definitions for childcare and childcare providers.

It aligns the terms used in the Nursery Milk Scheme with the Childcare Act 2006 for England and the Children and Families (Wales) Measure 2010 for Wales.

4 In the heading of Part V, for 'in day care', substitute 'provided with childcare'.

This is a technical amendment to the structure of the 1996 Regulations.

It updates the title of the relevant section to reflect the shift from 'day care' to 'childcare' terminology.

-(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.'

This section defines the entitlement to free milk for children under five who attend childcare for at least two hours a day.

It specifies the volume of milk allowed and lists the types of providers in England and Wales authorized to supply it under the scheme.

6 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'.

This section updates the approval process for milk suppliers to reflect the new childcare terminology.

It mandates that applications for approval must be submitted in writing and contain specific identifying information about the provider.

7 In regulation 20- (a) in paragraph (1)- (i) for 'to (4)' substitute 'and (3)'; (ii) for 'day care' substitute 'childcare'. (b) omit paragraph (4).

These amendments adjust the rules for reimbursing approved milk suppliers.

They remove a specific subsection and update terminology to ensure consistency with the new definition of childcare.

8 In regulation 21A(1)(a), for 'day care' substitute 'childcare'.

This provision updates the administrative functions of the NHS Business Services Authority.

It ensures the Authority's duties relate to 'childcare' rather than 'day care' as previously defined.

9 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).

This section modifies the information that providers must supply when applying for the scheme or making claims.

Requirements now include providing a reference number or registration certificate, weekly operating hours, and the expected number of children receiving at least two hours of care daily.

-(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'.

This section updates legal references specifically for Wales to account for the replacement of the 2010 Exceptions Order with a new 2026 Order.

These particular changes are scheduled to take effect on 1 April 2027.

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