The Education (Free School Lunches in Maintained Nursery Schools) (Universal Credit) (England) Order 2026

Published: Wed 1st Jul 26

This Order establishes free school lunch eligibility for registered pupils at maintained nursery schools in England if their parent receives Universal Credit and they do not already qualify under existing legislative criteria.

It directs school authorities to treat these pupils as eligible persons under section 512ZB(4A) of the Education Act 1996.

The provisions apply specifically to the education sector in England and involve parents who are recipients of Universal Credit.

Arguments For

The Order states that its purpose is to bring registered pupils at maintained nursery schools in England within the scope of section 512ZB(4A) of the Education Act 1996 for the provision of free school lunches.
Proponents may cite the impact assessment prepared for the Children's Wellbeing and Schools Act 2026, which the document notes evaluated the effects of extending free school lunch entitlements to these pupils.
The Order aims to ensure that children in maintained nursery schools whose parents receive Universal Credit have access to free school lunches if they do not already qualify under existing criteria.

Arguments Against

Legal scholars might note that the Order relies on cross-references to the Education Act 1996 and the School Standards and Framework Act 1998, which may require administrative coordination to ensure correct eligibility verification.
Affected local authorities or school governing bodies might raise concerns regarding the additional funding or resources required to provide these lunches beyond existing provisions.
The Order's scope is limited to maintained nursery schools, which could lead to questions regarding the consistency of lunch provision for nursery-age children in other types of educational settings.

Citation, commencement and extent

-(1) This Order may be cited as the Education (Free School Lunches in Maintained Nursery Schools) (Universal Credit) (England) Order 2026.

(2) This Order comes into force on 17th August 2026.
(3) This Order extends to England and Wales.

This section provides the official name of the Order and sets the date of August 17, 2026, for its commencement.

While the Order's legal jurisdiction extends to both England and Wales, its substantive provisions are limited to schools situated in England.

Interpretation

In this Order 'the 1996 Act' means the Education Act 1996.

This section defines 'the 1996 Act' as a shorthand term for the Education Act 1996.

Using this definition ensures clarity throughout the document when referring to existing primary legislation.

Persons to be treated as within section 512ZB(4A) of the 1996 Act

A registered pupil at a maintained nursery school( 2 ) in England is to be treated as a person within section 512ZB(4A) of the 1996 Act (provision of free school lunches and milk) if-
(a) their parent is in receipt of universal credit, and
(b) they are not within section 512ZB(4) of the 1996 Act( 3 ).

This section mandates that pupils at maintained nursery schools must be provided with free school lunches if their parent receives Universal Credit.

This requirement applies only if the pupil is not already eligible for free lunches under other specific criteria established in the Education Act 1996.

A 'maintained nursery school' refers to a public nursery school established and funded by a local authority.

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