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Free school meals - new rules for UC claimants from April 2018

 

mycatismo
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Can anyone help?
I am trying to get my head around the regs to protect certain claimants from being affected by the new earnings threshold from 1.4.18.
SI.No.145/2018 mentions (a)(i) to (iia), (aa), (b)(i) to (iia) or (c)(ii) of subsection (4) of section 512ZB(4) of the 1996 Education Act - however the only version of section 512ZB I can find has (4)(a)(i) to (iv) and (4)(b)(i) to (iii).
I am guessing this refers to the other benefits which passport to free school meals, but does anyone know where to find the version containing the other subsections mentioned in the new statutory instrument?
Thanks

     
Daphne
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If you go to the section 512 ZB - http://www.legislation.gov.uk/ukpga/1996/56/section/512ZB - and click in the pink changes to legislation box on the ‘changes and effects yet to be applied to the whole Act associated Parts and Chapters’ then scroll down to 512ZB you get all the bits that have been inserted with a link to the SI that inserted them - it looks like in the attachment but the links won’t work in that.

Doesn’t give it you all consolildated though I’m afraid

     

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mycatismo
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Brilliant - thanks Daphne!

     
dizzymare
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im a bit baffled by this to be honest!

is it saying that they are looking over first one, then two, then three assessment periods and in effect this will allow for fluctuations in earnings,. bonuses etc?

and so if earned income too high in month one, they will then look back to month two to see if income then would be below that threshold?  and if not, then look back to month three?

if someone then qualifies, is this an ongoing process? so for example, in month 4 will they then look across the three months prior to this, same in month 5 and so on? so it is a rolling process?

I thought this was supposed to be a simplification of the system!! what a total mess (or is it me misinterpreting?)

     
disgustedofbridport
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Dorchester CAB

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I agree - I can’t get my head round it either. In my son’s school you have to put in the order for meals for the following half term several weeks in advance and that can cover an 8 week period. You have to tick the eligible for FSM when you order. How can you possibly know if you are on a zero hours contract for example how much you will earn for that period?
Does anyone know if there is any kind of penalty for claiming FSM you are not entitled to in the same way as prescriptions?

     
Daphne
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Briefing from CPAG and The Children’s Society looking at who will lose out under new rules - https://www.childrenssociety.org.uk/what-we-do/resources-and-publications/the-free-school-meals-poverty-trap-how-work-wont-pay-for

     
shawn
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Commons votes 312 to 254 against annulling the Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018 ...

https://hansard.parliament.uk/commons/2018-03-13/debates/D6DA0988-0BFF-4CF3-9F2B-C1310F4859DD/UniversalCredit

     
shawn
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From The Childrens’ Society -

A summary of legal advice provided to The Children’s Society by Stephen Broach of Monckton Chambers on the Government’s proposed regulations changing eligibility for free school meals under Universal Credit.

The advice identifies five potential grounds of public law challenge in relation to the above.

The prospects of one or more of these grounds of challenge succeeding in an application for judicial review has been assessed as good.

https://www.childrenssociety.org.uk/what-we-do/resources-and-publications/free-school-meals-and-universal-credit-summary-of-legal-advice