1.—(1) These Regulations may be cited as the Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018 and come into force on 1st April 2018.
(2) In these Regulations, “universal credit” means the benefit payable in accordance with Part 1 of the Welfare Reform Act 2012(1).
(3) These Regulations apply in relation to England.
2. The circumstances prescribed(2) for the purposes of section 512ZB(4)(a)(ai) of the Education Act 1996 are that C’s parent—
(a)is on, or after, 1st April 2018 in receipt of universal credit, and
(b)in the relevant period has earned income not exceeding the applicable amount.
3. The circumstances prescribed for the purposes of section 512ZB(4)(b)(ai) of the Education Act 1996 are that C—
(a)is on, or after, 1st April 2018 in receipt of universal credit, and
(b)in the relevant period has earned income not exceeding the applicable amount.
4. For the purposes of regulations 2 and 3—
(a)“earned income” means income for the purposes of Chapter 2 of Part 6 of the Universal Credit Regulations 2013(3);
(b)The relevant assessment period and the applicable amount are those referred to in the following sub-paragraphs as applicable—
(i)except where sub-paragraphs (ii) or (iii) apply, where the parent has earned income which did not exceed £616.67 in the universal credit assessment period(4) immediately preceding the date of the request for a free school meal (period 1)—
(aa)the relevant assessment period is period 1; and
(bb)the applicable amount is £616.67;
(ii)this sub-paragraph applies where sub-paragraph (i) does not because the applicable amount referred to in that sub-paragraph is exceeded and there is a universal credit assessment period (period 2) immediately preceding period 1 referred to in that sub-paragraph—
(aa)the relevant assessment period is the sum of period 1 and period 2 (SAP); and
(bb)the applicable amount is £1,233.34;
(iii)this sub-paragraph applies where sub-paragraph (ii) does not because the applicable amount referred to in that sub-paragraph is exceeded and there is a universal credit assessment period (period 3) immediately preceding period 2 referred to in that paragraph—
(aa)the relevant assessment period is the period made up of SAP and period 3; and
(bb)the applicable amount is £1,850;
(c)where C, or as the case may be C’s parent, is—
(i)a member of a couple who have jointly made a claim for, and are entitled to, universal credit; or
(ii)a member of a couple but has claimed, and is entitled to, universal credit as a single person,
references to applicable amounts in sub-paragraphs (i) to (iii) of paragraph (b) as applicable are to be read as references to the combined income of the couple.
5. The Free School Lunches and Milk (Universal Credit) (England) Order 2013(5) is revoked.
6. In the School and Early Years Finance (England) Regulations 2018(6), in regulation 17 (early years pupil premium)—
(a)in paragraph (3), for sub-paragraph (a) substitute—
“(a)universal credit where the child’s parent has, in the relevant period, earned income not exceeding the applicable amount;”;
(b)after paragraph (8), insert—
“(9) A child who on 1st April 2018 is eligible, or after that date becomes eligible, for early years pupil premium continues to be so eligible notwithstanding any change in circumstances which would otherwise result in paragraph (2)(c)(i) ceasing to be satisfied or, in the case of paragraph (3)(a), the earned income of the child’s parent subsequently exceeding the applicable amount.
(10) In this regulation—
(a)“earned income” means income for the purposes of Chapter 2 of Part 6 of the Universal Credit Regulations 2013;
(b)the relevant assessment period and the applicable amount are those referred to the following sub-paragraphs as applicable—
(i)except where paragraphs (ii) or (iii) apply, where the parent had earned income which did not exceed £616.67 in the universal credit assessment period(7) immediately preceding the date of the request for the early years pupil premium (period 1)—
(aa)the relevant assessment period is period 1; and
(bb)the applicable amount is £616.67;
(ii)this paragraph applies where paragraph (i) does not because the applicable amount referred to in that paragraph is exceeded and there is a universal credit assessment period (period 2) immediately preceding period 1 referred to in that paragraph—
(aa)the relevant assessment period is the sum of period 1 and period 2 (SAP); and
(bb)the applicable amount is £1,233.34;
(iii)this paragraph applies where paragraph (ii) does not because the applicable amount referred to in that paragraph is exceeded and there is a universal credit assessment period (period 3) immediately preceding period 2 referred to in that paragraph—
(aa)the relevant assessment period is the period made up of SAP and period 3; and
(bb)the applicable amount is £1,850;
(c)where the parent referred to in paragraph (3)(a) is—
(i)a member of a couple who have jointly made a claim for, and are in receipt of, universal credit; or
(ii)a member of a couple but has claimed, and is in receipt of, universal credit as a single person,
references to applicable amounts in paragraphs (i) to (iii) of sub-paragraph (b) are to be read as references to the combined income of the couple;
(d)“parent” has the meaning given by section 2(2) of the Childcare Act 2006(8).”.
Signed by authority of the Secretary of State for Education
Nadhim Zahawi
Parliamentary Under Secretary of State
Department for Education
6th February 2018