The Free School Lunches and Milk (Universal Credit) (Wales) Order 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes conditions for the purposes of section 512ZB of the Education Act 1996 (c. 56).

Article 2 deals with the inter-play between the receipt of the social security benefit known as “universal credit” and eligibility for free school lunch and milk. It provides that where a person (“C”) or C’s parent is in receipt of universal credit on or after 1st April 2019 and does not have income in excess of a specified applicable amount in the relevant period immediately preceding the date of request for a free school lunch, they come within section 512ZB(4) (paragraphs (1) and (2)). Paragraphs (3)(a) and (b) define “earned income” for the purposes of paragraphs (1) and (2). Paragraph 3(c) provides that the relevant period can, in any particular case, be a single universal credit assessment period, 2 such periods or 3 such periods – each of which attracts, as a threshold, a different applicable amount of income (based on twelfths of an equivalent yearly income of £7,400). Persons within section 512ZB(4) are eligible for free school lunches and milk when a request has been made by them (or on their behalf).

Article 3 makes transitory provisions in relation to a person (C) who is eligible for free school lunch and milk by virtue of satisfying certain conditions under section 512ZB(4) of the Education Act 1996. Article 3 provides that where C was entitled to a free school lunch in specified cases by virtue of being eligible for certain social security benefits, such entitlement ceases on the cessation day which is the later of (a) 31st December 2023, and (b) the completion of the stage of education C was at on 31st December 2023.

Article 4 revokes the Free School Lunches and Milk (Universal Credit) (Wales) Order 2013.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Pupil Wellbeing Branch, the Support for Learners Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.