Scottish Ministers have made the Education (Scotland) Act 1980 (Modification) Regulations 2026 (SSI 2026/19). Made on 21 January 2026, laid before the Scottish Parliament on 23 January 2026 and coming into force on 1 April 2026, the instrument updates who qualifies for a free school lunch under section 53 of the 1980 Act.
Under section 53(2) of the 1980 Act, education authorities must provide or secure a school lunch free of charge for pupils who meet the criteria in section 53(7). The 2026 Regulations adjust those criteria in two areas: the Universal Credit earned‑income threshold and recognition of state pension credit as a qualifying benefit.
Universal Credit income limit. Section 53(7)(c) is amended so that a pupil becomes eligible where the pupil, or the pupil’s parents, receive Universal Credit and the relevant earned income in the assessment period immediately before the application does not exceed £995. The same £995 figure applies where the person is a member of a couple; in that case, the couple’s combined earned income must not exceed £995 for the relevant assessment period.
For clarity, ‘assessment period’, ‘earned income’ and ‘couple’ take their meanings from Universal Credit legislation. In practice, councils will rely on the claimant’s latest Universal Credit statement to confirm the monthly assessment period and the level of earned income recorded for that period. The test concerns earned income as defined in the Universal Credit Regulations.
New qualifying benefit. A new paragraph, section 53(7)(d), is inserted so that a pupil qualifies if the parents are in receipt of state pension credit payable under section 1 of the State Pension Credit Act 2002. This provides a clear route for households where a parent or carer receives state pension credit to secure free school meals for the pupil.
What changes, what does not. The amendments above sit alongside the existing qualifying routes already listed in section 53(7). No changes are made by this instrument to the other passporting benefits specified in the Act. Universal entitlement policies for younger primary pupils operate separately and are unaffected by these Regulations.
Timing and applications. The changes take effect on 1 April 2026. Eligibility based on Universal Credit is assessed using the assessment period immediately before the date of application. Families with fluctuating earnings should be aware that eligibility can move in and out month by month; where an earlier application was refused, a fresh application may succeed if earned income falls within £995 in a later assessment period.
Actions for education authorities. Ahead of 1 April 2026, councils should update eligibility guidance, application forms and verification procedures, ensure systems can record state pension credit as an eligible route, and brief school administrators on the revised £995 limit and the ‘preceding assessment period’ rule. Catering and delivery partners should be notified where local demand projections are likely to change.
What families need to provide. Applicants should supply the most recent Universal Credit statement covering the assessment period immediately before the application date, showing earned income at or below £995, or evidence of an award of state pension credit. Where parents are a couple, authorities will expect evidence of combined earned income for that assessment period.
Context. The Universal Credit earned‑income limit was £796 from 1 April 2024 and £850 from 1 April 2025 under earlier modification regulations. The 2026 instrument raises the limit to £995 and introduces state pension credit as a qualifying benefit, while leaving other qualifying routes unchanged. Education authorities must provide a school lunch free of charge to pupils who meet these criteria.