Remission of charges for meals (day pupils)
15.—(1) In relation to an aided pupil who is a day pupil at the school, the school must remit the whole of any charges for meals if they are satisfied that the applicant is in receipt of—
(a)income support under the Social Security Contributions and Benefits Act 1992(1);
(b)income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(2));
(c)an income-related allowance under Part 1 of the Welfare Reform Act 2007(3) (employment and support allowance);
(d)child tax credit under Part 1 of the Tax Credits Act 2002(4) in the circumstances set out in sub-paragraph (2); or
(e)universal credit (payable under Part 1 of the Welfare Reform Act 2012)(5).
(2) The circumstances referred to in sub-paragraph (1)(d) are that the applicant—
(a)is in receipt of an award of child tax credit which is based on the relevant income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 as the income threshold for child tax credit(6); and
(b)is not in receipt of an award of working tax credit under Part 1 of the Tax Credits Act 2002 except where—
(i)the award is based on an annual income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 as the income threshold for working tax credit(7); or
(ii)the applicant is treated as being engaged in qualifying remunerative work (within the meaning of the Tax Credits Act 2002) by virtue of regulation 7D of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(8).
(3) The school must remit charges for meals if the school is satisfied of the matters in sub-paragraph (1), as follows—
(a)for the whole of the school year if the school is so satisfied in the month preceding the commencement of that school year; or
(b)for the remainder of the school year if the school is so satisfied during the course of that school year even if the applicant then ceases to be in receipt of the benefits specified in sub-paragraph (1) before the end of that school year.
1992 c.4; section 124 (which provides for income support) was amended by section 41 of and Schedules 2 and 3 to the Jobseekers Act 1995 (c.18); section 70 of and Schedule 8 to the Welfare Reform and Pensions Act 1999 (c.30); Schedules 2 and 3 to the State Pension Credit Act 2002 (c.16)); Schedule 24 to the Civil Partnership Act 2004 (c.33); Schedules 3 and 8 to the Welfare Reform Act 2007 (c.5); section 3 of the Welfare Reform Act 2009 (c.24) and Schedule 14 to the Welfare Reform Act 2012 (c.5) with effect from 1st April 2013 subject to savings and transitional provisions specified in S.I. 2013/358.
The income threshold for child tax credit was determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 by S.I. 2002/2008, as relevantly amended by S.I. 2015/451.
The income threshold for working tax credit was determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 by S.I. 2002/2008, as relevantly amended by S.I. 2008/796.
S.I. 2002/2005; regulation 7D was inserted by S.I. 2007/968, substituted by S.I. 2009/1829 and amended by S.I. 2012/848.