How does the DWP / the LA know if someone is entitled?
Data sharing agreements are in place between DfE and the DWP and other government departments who administer benefits which qualify families for free school meals. This enables local authorities and schools to verify eligibility for free school meals, including where parent(s) have been awarded universal credit and have earnings below the prescribed threshold for free school meal eligibility.
What about those UC claimants who were already getting free school meals on 31st March 2018?
In England and Wales, existing UC claimants, who were in receipt of UC on 31st March 2018 and whose child was getting free school meals on that date will continue to receive these, regardless of their income until:
- The date when the child leaves school, or
- When they finish the level of education (ie. primary / secondary / further) which they are in at the time when Universal Credit is fully rolled out (now expected to be 31st December 2023).
even if their earned income increases and exceeds the earnings threshold.
What happens when someone moves from legacy benefits onto UC?
In England and Wales those who have qualified for free school meals because they were claiming other passport benefits* and who move onto Universal Credit will continue to receive free school meals until:
- The date when the child leaves school, or
- When they finish the level of education (ie. primary / secondary / further) which they are in at the time when Universal Credit is fully rolled out (now expected to be September 2024).
even if their earned income increases and exceeds the threshold.
(*The other passport benefits which entitle someone to free school meals are: Income Support, Income Based JSA, Income Related ESA or Child Tax Credit (in England and Wales they would qualify via CTC, provided that they were not also receiving Working Tax Credit and their annual taxable income was below £16,190).
What if the claimant no longer qualifies for Universal Credit or their earnings go over the threshold?
If a UC claimant’s wages increase enough to ‘float them off’ Universal Credit altogether, then the award is closed.
UC could be terminated for other reasons too, eg inheriting capital of more than £16,000.
Or they could see an increase in their earnings above the £7400 pa.
In England and Wales these claimants will retain their entitlement to free school meals until:
- The date when the child leaves school, or
- When they finish the level of education (ie. primary / secondary / further) which they are in at the time when Universal Credit is fully rolled out (now expected to be September 2024).
even if their earned income increases and exceeds the threshold or UC stops altogether
This may appear to be overly generous, however we assume the transitional rules are simple in order to make administration easier for schools and local authorities – ie once a child’s entitlement to free school meals is triggered, then that status is retained in spite of any subsequent changes to the parent’s/carer’s circumstances. Without this simplification, schools / local authorities would need to make monthly checks on every family’s circumstances.
This is what the guidance to local authorities says:
'If you’re currently claiming free school meals, but don’t meet the new criteria, your child will continue to receive free school meals until the end of the Universal Credit rollout period. This will apply even if your earnings rise above the new threshold or if you stop being entitled to Universal Credit. The rollout period is currently scheduled to end in March 2022*.
Once Universal Credit is fully rolled out, your child will keep their free school meal until the end of their current phase of education, i.e. primary or secondary.'
*Note: Since the guidance was written this has been extended to September 2024.