Further clarification - this coming from the Department of Health. It confirms that children who are with you all day DO NOT qualify for two lots of milk e.g. two sessions and also confirms that it is you (the childminder) who is classed as the Nursery milk Supplier and is responsible for the claim, not the agent acting on your behalf and sending the milk to you:
This is what they said:
There are a number of issues here.
Schedule 5 of the Welfare Food Regulations 1996 states that in making a
claim, the daycare provider must provide information on the quantity,
price and total cost of milk actually supplied to children who are entitled to
receive this - ie on a day when a child under 5 is attending the day
care facility for two hours or more, he is entitled to receive a drink of
milk free of charge. If he is not being looked after on that day, he is not
entitled to the milk. Further, the daycare provider cannot supply him
with milk (as he is not there) and therefore should not be claiming for this.
In entering any agreement for the supply of milk , the day care provider
should ensure that the milk purchased will supply all the children under
five attending on that day for two hours or more. Therefore, the order
for milk will vary according to the number of children attending on a
particular day and whether they are entitled to receive this (ie there
for two or more hours on that day). It is likely that we would take the view
that the daycare provider is submitting a false claim for milk that is
not be supplied to children.
The day care provider is the approved Nursery Milk supplier (not the agent). Therefore, she is responsible for ensuring that she supplies
free milk to the children attending each day who are entitled to receive
this.
The number of children supplied on any particualr day may not be the
same number as those registered as they may attend on different days.
As she is the approved NM supplier, she is also responsible for ensuring
that claims are accurate (whether submitted by her or where she
authorises an agent to do this on her behalf) - Regulation 20(1)
In summary, she is required to supply free milk to a child entitled to
receive this and should not claim for milk she has purchased knowing
that a child is not attending on that day to receive it. She remains
responsible for the accuracy of the claim... not for the agent. We would
advise that any agreement she has for the delivery of milk take account
of her obligations as an approved NM supplier.
As you know, approval can be withdrawn if it is considered a day care
provider is not making adequate arrangements to supply Nursery Milk as
required in the regulations.
On the advice by agents that she can claim milk without keeping
registers, this is not strictly true. Although the regulations do not require
daycare providers to keep a register of entitled children, under Regulation 21 we can require a NM supplier to provide documents and other evidence that are needed in connection with a claim. It would be reasonable to ask for evidence on the number of children attending each session during the
period of the claim and, under Schedule 2(f), seek information on the quantity of milk actually supplied to children. We reimburse for milk supplied to entitled children.
I would also advise her that she should look to the NMRU for advice and
information on the scheme - not organisations like the agents ...as
the information on Ofsted registration numbers is wrong. It is not the daycare providers who have entitlement to Nursery Milk but the actual children who receive this on the days they attend daycare.
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