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Part IXE+W Ancillary functions

Chapter IIE+W Ancillary functions of local education authorities

Provision of servicesE+W

[F1512ZB Provision of free school lunches and milkE+W

(1)Where the local education authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

(2)For this purpose a person is eligible for free lunches if—

(a)he is within subsection (4), and

(b)a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

(3)Where a local education authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

(a)the person is within subsection (4), and

(b)a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

(4)A person is within this subsection if—

(a)his parent is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)),

[F2(iia)in receipt of an income-related employment and support allowance,]

(iii)in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

(iv)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or

(b)he, himself, is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance, or

[F3(iia)in receipt of an income-related employment and support allowance,]

(iii)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed.

(5)In this section “prescribed” and “school lunch” have the same meaning as in section 512.]

Textual Amendments

F1Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)