The carer under a kinship arrangement is getting Income Support for them self and their partner. Now have a child under kinship agreement for which they recieve an allowance from the local authority. As is the case there is no entitlement to child benefit for the carers in respect of the child who is with them under the agreement. The free school meal people have decided that as there is no child benefit in payment then they cannot allow free school meals for the child in question even thought the carer gets Income Support. I understand the child benefit situation and am okay with the non payment of this. However, I've searched high and low but am unable to find any justification for not allowing free school meals in these circumstances - Income Support is in payment to the carers. Any thoughts/ideas/opinions about this anyone?

Thank you.

Hi Paddy

An LA may provide free school meals under section 512 of the Education Act 1996. If it does it must charge for them under section 512ZA but must provide them free under section 512ZB if the parent is on IS. Section 576 defines parent as: -

“(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him”,

Regards
Paul

Thank you so much. Most helpful as per usual. Me thinks that those dealing with the issue from FSMs seem to be of the opinion that (a) & (b) can only mean be getting Child Benefit. But (b) does appear to offer an arguable challenge. Again thank you so much.