2019 No. 187 (W. 47)
The Free School Lunches and Milk (Universal Credit) (Wales) Order 2019
Made
Laid before the National Assembly for Wales
Coming into force
Title, commencement, application and interpretation1
1
The title of this Order is the Free School Lunches and Milk (Universal Credit) (Wales) Order 2019 and it comes into force on 1 April 2019.
2
This Order applies in relation to Wales.
3
In this Order—
“the 1996 Act” (“Deddf 1996”) means the Education Act 1996;
“the 2013 Regulations” (“Rheoliadau 2013”) means the Universal Credit Regulations 20133
“assessment period” has the meaning given by regulation 21 of the 2013 Regulations;
“gainful self-employment” has the meaning given by regulation 64 of the 2013 Regulations; and
“universal credit” (“credyd cynhwysol”) means universal credit payable under Part 1 of the Welfare Reform Act 20124.
Prescribed circumstances: receipt of universal credit2
1
The circumstances prescribed5 for the purposes of section 512ZB(4)(a)(ai) of the 1996 Act are that C’s parent—
a
is on, or after, 1st April 2019 in receipt of universal credit, and
b
in the relevant assessment period has earned income not exceeding the applicable amount.
2
The circumstances prescribed for the purposes of section 512ZB(4)(b)(ai) of the 1996 Act are that C—
a
is on, or after, 1st April 2019 in receipt of universal credit, and
b
in the relevant assessment period has earned income not exceeding the applicable amount.
3
For the purposes of paragraphs (1) and (2)—
a
the definition of “earned income” under regulation 52 of the 2013 Regulations6 applies subject to sub-paragraph (b);
b
where, in any assessment period, a claimant is in gainful self-employment, regulation 627 of the 2013 Regulations does not apply for the purposes of calculating a person’s earned income under regulation 52(b) of those Regulations;
c
the relevant assessment period and the applicable amount are those referred to in the following paragraphs as applicable—
i
except where paragraphs (ii) or (iii) apply, where the parent has earned income which did not exceed £616.67 in the universal credit assessment period 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 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; 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 sum of period 1, period 2 and period 3; and
bb
the applicable amount is £1,850;
d
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 paragraphs (i) to (iii) of sub-paragraph (c) are to be read as references to the combined income of the couple.
Transitory provisions3
1
In the circumstances referred to in paragraphs (2) to (4), C’s eligibility for a free school lunch ceases on the cessation day.
2
Where C—
a
does not, on or after 1st April 2019 become eligible for a free school lunch pursuant to paragraph (a)(ai) or (b)(ai) of subsection (4) of section 512ZB of the 1996 Act, but
b
was, on 31st March 2019, eligible, or after that date becomes eligible, for such a lunch pursuant to paragraphs (a)(i) to (iia) , (aa) , (b)(i) to (iia) or (c)(ii) of that subsection.
3
Where C was eligible for a free school lunch pursuant to paragraph (a)(ai) or (b)(ai) of subsection (4) of section 512ZB of the 1996 Act on 31st March 2019 whether or not those provisions subsequently cease to apply in relation to C.
4
Where C becomes eligible for a free school lunch pursuant to paragraph (a)(ai) or (b)(ai) of subsection (4) of section 512ZB of the 1996 Act on, or after, 1st April 2019 whether or not those provisions subsequently cease to apply in relation to C and regardless of whether C was so eligible before so doing pursuant to paragraphs (a)(i) to (iia) , (aa) , (b)(i) to (iia) or (c)(ii) of that subsection.
5
The cessation day is the later of—
a
31st December 2023; and
b
the day on which—
i
C completes primary education as defined in section 2 of the 1996 Act (if C were at that stage of education on 31st December 2023);
ii
C completes secondary education as defined in that section (if C were at that stage of education on 31st December 2023).
Revocation4
The Free School Lunches and Milk (Universal Credit) (Wales) Order 20138 is revoked.
(This note is not part of the Order)