The Education (Free School Lunches) (State Pension Credit) (Wales) Order 2005

Welsh Statutory Instruments

2005 No. 3110 (W.230)

EDUCATION, WALES

The Education (Free School Lunches) (State Pension Credit) (Wales) Order 2005

Made

8 November 2005

Coming into force

21 November 2005

The National Assembly for Wales, in exercise of the powers conferred by sections 512ZB(4)(a)(iv) and 568 of the Education Act 1996(1), hereby makes the following Order:

Title, commencement and application

1.  The title of this Order is the Education (Free School Lunches) (State Pension Credit) (Wales) Order 2005. It comes into force on 21 November 2005 and applies in relation to Wales.

Prescribed benefit

2.  State Pension Credit payable under section 1 of the State Pension Credit Act 2002(2) is prescribed for the purposes of section 512ZB(4)(a)(iv) of the Education Act 1996 in circumstances where the parent is receiving the guarantee credit element of State Pension Credit.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer fo the National Assembly

8 November 2005

Explanatory Note

(This note is not part of the Order)

This Order prescribes the guarantee credit element of State Pension Credit for the purposes of section 512ZB of the Education Act 1996. The effect is that where a parent is in receipt of the guarantee credit element his or her child is entitled to free school lunches.

(1)

1996 c. 56. The powers are conferred upon the Secretary of State (see the definition of “prescribed” in section 512 of the 1996 Act). Functions of the Secretary of State under sections 512ZB and 568 of the 1996 Act are exercisable by the National Assembly for Wales in relation to Wales: see Article 2 of, and the entry in respect of the 1996 Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and section 211 of the Education Act 2002 (section 201 of which inserted section 512ZB into the 1996 Act).

(2)

2002 c. 16.

(3)

1998 c. 38.