Section 110: Supply of information: free school lunches etc.
223.This section allows information held by the Inland Revenue and the Department for Work and Pensions to be passed to the Department for Education and Skills and the Assembly, and ultimately to local education authorities in England and Wales, for use in determining eligibility of claimants for free school lunches and milk.
224.Under sections 512, 512ZA, 512ZB and 512A of the Education Act 1996 (as amended by SSFA 1998 and the Education Act 2002), a pupil is entitled to free school lunches or milk if he or she, or his or her parent, is in receipt of:
income support;
income-based jobseekers allowance;
support provided under Part 6 of the Immigration and Asylum Act 1999; or
Child Tax Credit, provided that they do not also receive Working Tax Credit and that their annual income (as assessed by the Inland Revenue) does not exceed £13,480 (this is the figure for 2004/05, and is re-assessed annually by Inland Revenue).
225.Before receiving free school lunches or free milk, a pupil/parent must apply and have eligibility verified. The sharing of data allowed under this section will allow easier checking of eligibility for free school lunches or milk.
226.Subsection (3) will allow data to be passed from the Inland Revenue and the Department for Work and Pensions to the Department for Education and Skills and the Assembly. Subsection (4) will also allow data to be passed directly from the Department for Work and Pensions to local education authorities.
227.Subsection (5) restricts the onward disclosure of data once it has been supplied by Department for Work and Pensions or Inland Revenue, so that data can only be passed on to local education authorities, or by the Secretary of State to the Assembly (and vice versa), for use in determining eligibility for free school lunches or milk. Subsection (6) allows the data to be passed to a contractor carrying out this function on behalf of a local education authority.
228.Subsection (7) defines eligibility for free school lunches or milk, including in relation to pupils at non-maintained special schools and Academies. Non-maintained special schools and Academies are required to give free school lunches to those eligible, in accordance with the same eligibility criteria as set out above, as a condition of approval (for a non-maintained special school) or of the funding agreement (for Academies).