Citation and interpretation

1.-(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) Order 2018.

(2) In this Order, "the 1996 Act" means the Education Act 1996(2).

Appointed day

2.  The day appointed for the coming into force of section 147 of, and Schedule 14 to, the Welfare Reform Act 2012 (both of which deal with repeals)(3) insofar as they relate to section 512ZB(4) of the 1996 Act, is 31st March 2022.

Transitory provisions

3.-(1) In the circumstances referred to in paragraphs (2) to (6), C's eligibility for a free school lunch ceases on the cessation day.

(2) Where C-

(a)does not, on or after 1st April 2018 become eligible for a free school lunch pursuant to paragraphs (a)(ai) or (b)(ai) of subsection (4) of section 512ZB(4) of the 1996 Act, but

(b)was, on 31st March 2018, eligible, or after that date becomes eligible, for such a lunch pursuant to paragraphs (a)(i) to (iia), (aa), (b)(i) to (iia) or (c)(ii) of that subsection.

(3) Where C was eligible for a free school lunch pursuant to subsection (4)(a)(ai) or (b)(ai) of section 512ZB of the 1996 Act on 31st March 2018 whether or not those provisions subsequently cease to apply in relation to C.

(4) Where C becomes eligible for a free school lunch pursuant to paragraph (a)(ai) or (b)(ai) of subsection (4) of section 512ZB of the 1996 Act on, or after, 1st April 2018 whether or not those provisions subsequently cease to apply in relation to C and regardless of whether C was so eligible before so doing pursuant to paragraphs (a)(i) to (iia), (aa), (b)(i) to (iia) or (c)(ii) of that subsection.

(5) Where C is eligible for a free school lunch by virtue of attending a qualifying institution to pursue a study programme of further education funded by the Education and Skills Funding Agency(5) which C commenced between the ages of 16 to 18 (inclusive).

(6) Where C has attained the age of 19 and is eligible for a free school lunch pursuant to an EHC plan referred to in section 37 of the Children and Families Act 2014(6).

(7) The cessation day is the later of-

(a)31st March 2022; and

(b)the day on which-

(i)C completes primary education as defined in section 2 of the 1996 Act(7) (if C were at that stage of education on 31st March 2022);

(ii)C completes secondary education as defined in that section (if C were at that stage of education on 31st March 2022);

(iii)C completes further education at an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 1992(8) (if C were at that stage of education on 31st March 2022);

(iv)C completes, after having attained the age of 19, the study programme of further education referred to in paragraph (5);

(v)an EHC plan referred to in paragraph (6) ends.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the 30th Order commencing provisions of the Welfare Reform Act 2012 (c. 5) and makes associated transitory provisions.

Article 2 appoints 31st March 2022 as the day for bringing into force section 147 of, and Schedule 14 to, the Welfare Reform Act 2012 insofar as they relate to repeals of provisions of section 512ZB(4) of the Education Act 1996 relating to universal credit.

Article 3 makes transitory provision in relation to a person (C) who is eligible for a free school lunch and milk by virtue of satisfying certain conditions under section 512ZB(4) of the Education Act 1996. Article 3 provides that where C was entitled to a free school lunch in specified cases by virtue of:

• being eligible for certain social security benefits,

• undertaking certain educational courses,

• being subject to an EHC plan (education, health and care plan),

such entitlement ceases on the cessation day which is the later of (a) 31st March 2022, and (b) as the case may be, the completion of the stage of education C was at on 31st March 2022, the completion of the educational course in question or the ending of any EHC plan C was subject to.

No impact assessment has been prepared for this Order as it has minimal impact on business, civil society organisations or the public sector.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2012 (c. 5) were brought into force by a Statutory Instrument which was made before this Order was made.