HC Deb 24 January 1983 vol 35 cc328-9W
Mr. Wardell

asked the Secretary of State for Education and Science (1) what advice he gives to local authorities as to the disregard of mobility allowance when assessing eligibility for free school meals;

(2) if he will seek to amend the law to provide that local authorities may not take into account mobility allowance when assessing eligibility for free school meals;

(3) if he will introduce proposals to clarify the law relating to any discretion which may be exercised by a local authority in disregarding mobility allowance when assessing eligibility for free school meals.

Dr. Boyson

Where individual local education authorities use their discretion under section 22(3)(b) of the Education Act 1980 to extend the minimum entitlement to free school meals by adopting an additional means test, section 37A(8) of the Social Services Act 1975 properly and clearly precludes the taking into account of any mobility allowance for the purposes of determining relevant income. My right hon. Friend issues no advice on this or other aspects of local education authorities' discretionary provision of free meals.