The Scottish Government has made the Education (Scotland) Act 1980 (Modification) Regulations 2026 (SSI 2026/19), raising the Universal Credit earned‑income limit for free school meals from £850 to £995 and adding State Pension Credit as a qualifying route. The instrument was made on 21 January 2026, laid on 23 January, and comes into force on 1 April 2026. It is signed by Jenny Gilruth at St Andrew’s House.
Under section 53 of the Education (Scotland) Act 1980, education authorities must provide a free school lunch to pupils who meet the criteria set out in subsection (7). The duty applies to public schools and to education secured by an authority in other settings, with “school lunch” defined in the Act. Legislation.gov.uk is explicit about the scope of the duty and the operative definitions. (legislation.gov.uk)
Regulation 2(a) updates section 53(7)(c) so that Universal Credit remains an eligible benefit, but the maximum earned‑income figure in the assessment period immediately preceding an application is set at £995. The structure of the test-applying either to an individual claimant who is not part of a couple or to a couple’s combined earnings-follows the existing drafting. (legislation.gov.uk)
In section 53(7)(c), “assessment period” and “earned income” have the meanings used in the Universal Credit Regulations 2013 and are cross‑referenced in the primary legislation. In practice, local authorities determine eligibility using the earned‑income figure recorded for the assessment period prior to the date of application. (legislation.gov.uk)
Regulation 2(b) inserts a new paragraph into section 53(7) so that pupils qualify where their parents receive state pension credit. State pension credit is a UK social security benefit established by section 1 of the State Pension Credit Act 2002, comprising guarantee credit and, in limited circumstances, savings credit. (legislation.gov.uk)
The 2026 adjustment sits within a pattern of annual updates intended to reflect National Living Wage increases. The Scottish Government’s equality impact assessment for the 2025 Regulations records that the Universal Credit earnings cap was lifted to £850 from 1 April 2025 to protect families from losing entitlement as wages rose, and notes that annual updates have operated since 2019. (gov.scot)
Section 53(7) also provides routes to free school meals for pupils where families receive Income Support, income‑based Jobseeker’s Allowance, income‑related Employment and Support Allowance, or support under Part 6 of the Immigration and Asylum Act 1999. The 2026 instrument does not disturb these provisions. (legislation.gov.uk)
For education authorities and schools, the operational task is to ensure application materials, eligibility guidance and case‑handling processes reflect the £995 figure and the additional State Pension Credit route by 1 April 2026. From that date, decisions will need to be taken against the revised statutory test.
For families, the practical effect is straightforward. Households receiving Universal Credit with earned income at or below £995 in the assessment period immediately before applying should submit an application to their local authority from 1 April 2026. Families where a parent receives state pension credit should also apply, even if Universal Credit is not in payment.
Context remains important. Universal provision is separate. The Scottish Government confirms that free school meals are universally available for primaries 1 to 5, with additional provision for primaries 6 and 7 where families receive the Scottish Child Payment. The income‑tested Regulations chiefly affect families with children in secondary schools. (gov.scot)