The Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/148 |
| Year | 2018 |
2018 No. 148
Children And Young Persons, England
The Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018
Made 6th February 2018
Laid before Parliament 7th February 2018
Coming into force 1st April 2018
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 512ZB(4)(a)(ai), 512ZB(4)(b)(ai) and 568 of the Education Act 19961and sections 45A and 138 of the School Standards and Framework Act 19982.
Part 1
General
Citation, commencement, interpretation and application
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 20123.
(3) These Regulations apply in relation to England.
Part 2
Prescribed circumstances relating to universal credit
Prescribed circumstances: receipt of universal credit
2. The circumstances prescribed4for 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 20135;
(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 period6immediately 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.
Revocation
5. The Free School Lunches and Milk (Universal Credit) (England) Order 20137is revoked.
Part 3
Amendment of the School and Early Years Finance (England) Regulations 2018
Amendment of the School and Early Years Finance (England) Regulations 2018
6. In the School and Early Years Finance (England) Regulations 20188, in regulation 17 (early years pupil premium)—
(a) in paragraph (3), for sub-paragraph (a) substitute—
“(a)
“(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...
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