Scottish Ministers have made the Education (Scotland) Act 1980 (Modification) Regulations 2026 (SSI 2026/19), which raise the universal credit earned income test for free school meals from £850 to £995 a month and recognise State Pension Credit as a qualifying benefit. The instrument was made on 21 January 2026, laid on 23 January, and comes into force on 1 April 2026. Under section 53(2) of the 1980 Act, education authorities must provide a free school lunch to pupils who fall within the eligibility categories in subsection (7). (legislation.gov.uk)
The universal credit provision continues to use the monthly assessment period immediately before application. Eligibility is met where earned income in that period does not exceed the threshold; for joint claims, the same monthly limit applies to the couple’s combined earnings. Terms such as “assessment period”, “earned income” and “couple” follow the meanings used for universal credit and are referenced in section 53(7)(c) of the 1980 Act. (legislation.gov.uk)
A new route to entitlement is introduced for pupils whose parents receive State Pension Credit, by reference to section 1 of the State Pension Credit Act 2002. This addition operates alongside existing qualifying benefits in section 53(7) and does not alter how income is calculated for universal credit cases. (legislation.gov.uk)
The approach is consistent with recent annual adjustments made to maintain eligibility as pay rates change. In 2025, Ministers removed tax credits as a qualifying benefit following UK-wide migration to universal credit and increased the monthly earned income limit from £796 to £850 with effect from 1 April 2025. Those steps were framed as protecting existing entitlement as the National Living Wage rose. (legislation.gov.uk)
The 2026 change will matter most for families of secondary pupils and primary years not covered by universal provision. Free school meals continue on a universal basis for P1–P5 and in special schools, while P6–P7 pupils qualify if their families receive the Scottish Child Payment; the means‑tested route remains relevant for others, particularly in secondary. (gov.scot)
Local authorities should prepare to update application forms, eligibility letters and online portals so that decisions taken on or after 1 April 2026 apply the £995 monthly threshold. Back‑office checks should continue to use the most recent universal credit statement for the preceding assessment period and, for the new category, accept State Pension Credit award notices as evidence.
Authorities will also need to reflect potential uptake in 2026–27 catering budgets and management information systems. The regulations do not change the core duty in section 53 to provide a free lunch to eligible pupils, but the higher threshold and the new benefit route are likely to broaden eligibility at the margin, requiring operational planning. (legislation.gov.uk)
For families, the timing of the universal credit assessment period matters. Where earnings fluctuate, a household just above the limit in one month may fall below it in the next; applications assessed from 1 April 2026 will use the updated £995 figure. For couples, councils will look at combined earned income within the relevant assessment period, as set out in section 53(7)(c). (legislation.gov.uk)