Welsh Statutory Instruments

2013 No. 2021 (W. 199)

Education, Wales

The Free School Lunches and Milk (Universal Credit) (Wales) Order 2013

Made

15 August 2013

Laid before the National Assembly for Wales

16 August 2013

Coming into force

6 September 2013

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 512ZB(4)(a)(ai), 512ZB(4)(b)(ai) and 568 of the Education Act 1996(1), and now vested in them(2), make the following Order:

Title, commencement, application and interpretation

1.—(1) The title of this Order is the Free School Lunches and Milk (Universal Credit) (Wales) Order 2013 and it comes into force on 6 September 2013.

(2) This Order applies in relation to Wales.

(3) In this Order —

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996; and

“universal credit” (“credyd cynhwysol”) means universal credit under Part 1 of the Welfare Reform Act 2012.(3)

Prescribed circumstances: receipt of universal credit

2.—(1) The circumstances that are prescribed for the purposes of section 512ZB(4)(a)(ai) of the 1996 Act are that C’s parent is in receipt of universal credit on or after 6 September 2013.(4)

(2) The circumstances that are prescribed for the purposes of section 512ZB(4)(b)(ai) of the 1996 Act are that C is in receipt of universal credit on or after 6 September 2013.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

15 August 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes, for the purposes of section 512ZB of the Education Act 1996, that where a person or their parent is in receipt of universal credit on or after 6 September 2013, they are within section 512ZB(4).

Persons within section 512ZB(4) are eligible for free school lunches and milk when a request has been made by them (or on their behalf) that these be provided free of charge.

(1)

1996 c.56. Section 512ZB was inserted by section 201 of the Education Act 2002. Subsection (4)(a)(ai) was inserted by section 31 of, and paragraphs 37 and 39(a) of schedule 2 to the Welfare Reform Act 2012. Subsection (4)(b)(ai) was inserted by section 31 of, and paragraphs 37 and 39(b) of schedule 2 to, the Welfare Reform Act 2012. By virtue of section 512 of the Education Act 1996, “prescribed” in section 512ZB means prescribed by the Secretary of State by order.

(2)

The functions of the Secretary of State were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) and then to the Welsh Ministers by paragraph 30 of schedule 11 to the Government of Wales Act 2006 (c.32).

(3)

2012 c.5

(4)

Section 512ZB(4) uses “C” to mean the person for whom eligibility for free school lunches is being determined.