Forum Home → Discussion → Other areas of social welfare law → Thread
Free school meals without child benefit
Not my case but question from someone I know. Free School Meals denied on basis that mum does not get Child Benefit (single parent with right to reside issues, told she will have to wait 26 weeks for Child Benefit decision). She gets IR JSA apparently so qualifying benefit in place. Is receipt of Child Benefit an issue or is this just nonsense?
Not my area but as far as I can see there’s no requirement under s512ZB Education Act 1996 for the parent/guardian to receive child benefit. ( It’s a bit hard to tell for certain as I can’t find a fully consolidated version of the Act).
The impression I get is that some LAs have conflated the qualifying benefit test (where JSA(IB) is of course sufficient) with the evidential role that receipt of child benefit may (or may not) play in establishing the parental responsibility and child’s presence in household - presumably if this can be established otherwise then there shouldn’t be a problem; just looking at a few LA websites suggests the some LAs genuinely think that that it’s a pre-requisite but there are others who don’t insist on it.