Qualifications and Curriculum Development Agency

Last updated: 11 September 2009

Parents recently arrived in the UK may be unaware that their children may be entitled to free school meals, therefore schools may want to ensure that information on free school meal entitlement is up to date and accessible to all groups of parents.

Pupils are entitled to free school meals if their parents receive:

• income support
• income-based jobseeker’s allowance
• support under part VI of the Immigration and Asylum Act 1999
• child tax credit, but are not entitled to working tax credit and have an annual income that does not exceed a set figure (as assessed by the Inland Revenue).

Pupils who receive income support or income-based jobseeker’s allowance in their own right are also entitled to free school meals.

Support to asylum seekers under part VI of the Immigration and Asylum Act 1999 is provided by the National Asylum Support Service (NASS) and local authority social services departments through the interim support scheme.  Families receiving either NASS support or social services asylum support can apply for free school meals in the same way as any other families who are entitled.

Local authorities will usually ask for proof of the above benefits when an application for free school meals is made. This may typically include:

• a copy of the relevant pages of the income support book
• a recent letter confirming receipt of income support or income-based jobseeker’s allowance
• Inland Revenue tax credit award notice – form TC602
• a letter or other confirmation from NASS or social services confirming receipt of asylum support.

Schools and LAs should also be aware that a pupil's entitlement to a free meal might change when family circumstances change. 

Unaccompanied asylum-seeking children are not usually entitled to free school meals. Social services departments, under the provisions of the Children Act, are responsible for ensuring that children have a midday meal while at school.  For example, a foster carer may provide a packed lunch, or a social worker may give money to the young person to buy a school meal.

LAs and governing bodies are not obliged to offer milk to pupils. However, where they choose to do so, it must be free for pupils whose parents receive income support, income-based jobseeker’s allowance, or payments under part VI of the Immigration and Asylum Act 1999.

Ensuring access to free school meals

Forest Fields Primary and Nursery School is situated in an inner-city area of Nottingham and serves a diverse multi-ethnic community. The local area has high levels of social deprivation. This case study is an example of how a school supports parents and carers in accessing their entitlements for free school meals. You can download the case study from the right-hand navigation bar.

Useful web links

Please note: QCA is not responsible for the content of external sites.

Child Poverty Action Group: Free school meals campaign
This website provides information on the research carried out by the Child Poverty Action Group, and on how schools and LAs can successfully improve take-up of free school meals.

DCSF: Parents Centre
This DCSF site offers advice to parents and carers. This specific area of the site includes information on free school meals, paid meals, nutritional standards and milk.

Immigration and Asylum Act 1999
The 1999 Immigration and Asylum Act (schedule 14, paragraph 117) amended section 512 (3) of the Education Act 1996 to ensure that asylum-seeking children had access to free school meals.