Section 53(2) of the Education (Scotland) Act 1980 (“the 1980 Act”) provides that an education authority must provide or secure the provision of a school lunch (as defined in section 53(12)) free of charge to pupils falling within section 53(7).

Regulation 2(a) of these Regulations amends section 53(7) of the 1980 Act to remove paragraph (aa). Tax credits are ending on 5 April 2025 and are being replaced by universal credit.

Regulation 2(b) of these Regulations amends section 53(7)(c) of the 1980 Act. This has the effect that a pupil will fall within section 53(7) if the pupil is, or the parents of the pupil are, in receipt of universal credit provided that qualifying criteria about earned income of the pupil or the parents are satisfied. Where the person in receipt of universal credit is not a member of a couple, the criteria will be satisfied if the person’s earned income does not exceed £850 in the assessment period preceding the application. Where the person in receipt of universal credit is a member of a couple, the criteria will be satisfied if the couple’s combined earned income does not exceed £850 in the assessment period preceding the application.

Regulation 3 revokes the Education (School Lunches) (Scotland) Regulations 2009 and the Education (School Lunches) (Scotland) Amendment Regulations 2013 as these regulations will become redundant following the end of tax credits.