The Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) Order 2018

Made: 6th February 2018

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 150(3) and (4) of the Welfare Reform Act 2012 .

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 .

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) 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 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 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 .

• (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 (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 (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.

• (8) This article applies to England only.

Signed

Signed by authority of the Secretary of State for Education

Nadhim Zahawi — Parliamentary Under Secretary of State — 2018-02-06

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: 1996 c. 56.

[^f00003]: Schedule 14, insofar as it relates to subsection (4) of section 512ZB of the Education Act 1996, repeals parts of that subsection relating to universal credit.

[^f00004]: Section 512ZB was inserted by section 201 of the Education Act 2002 (c. 32) and paragraphs (a)(ai) and (b)(ai) of subsection (4) of that section were inserted by section 31 of, and Schedule 2 to, the Welfare Reform Act 2012.

[^f00005]: The Education and Skills Funding Agency is an executive agency sponsored by the Department for Education.

[^f00006]: 2014 c. 6. EHC plans (health, education and care plans) under section 37 are a form of special education provision made following an education, health and care assessment of a child or young person under section 36 of the Act.

[^f00007]: 1996 c. 56.

[^f00008]: 1992 c. 13.

[^f00009]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

Editorial notes

[^c22913651]: 2012 c. 5.

[^c22913661]: 1996 c. 56.

[^c22913671]: Schedule 14, insofar as it relates to subsection (4) of section 512ZB of the Education Act 1996, repeals parts of that subsection relating to universal credit.

[^c22913681]: Section 512ZB was inserted by section 201 of the Education Act 2002 (c. 32) and paragraphs (a)(ai) and (b)(ai) of subsection (4) of that section were inserted by section 31 of, and Schedule 2 to, the Welfare Reform Act 2012.

[^c22913691]: The Education and Skills Funding Agency is an executive agency sponsored by the Department for Education.

[^c22913701]: 2014 c. 6. EHC plans (health, education and care plans) under section 37 are a form of special education provision made following an education, health and care assessment of a child or young person under section 36 of the Act.

[^c22913711]: 1996 c. 56.

[^c22913721]: 1992 c. 13.

[^c22913731]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

[^key-98528713c1cc7ee7533205ca04fc9b8a]: Art. 3(8) added (25.3.2019) by The Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) (Amendment) Order 2019 (S.I. 2019/655), art. 2