Advising low income families in Scotland eBulletin - April 2025

Free school meals extended, abolition of tax credits, child benefit for young parents, and more

IN THIS ISSUE:

 

Free school meals extended

The latest phase of the Scottish Government’s extension of free school meals now covers pupils in Primary 6 and Primary 7 in households receiving Scottish child payment. These families will usually be on universal credit who were earning above the limit (which has increased from £796 to £850 a month) to qualify previously, or on pension credit and did not get discretionary free school meals. The Scottish government is planning legislation to allow it to share Scottish Child Payment data with local authorities to ensure eligible pupils receive their free school meals. In the meantime, these families should apply to their local authority now. With the abolition of tax credits, eligibility for free school meals is:

  • Primary 1-5: all pupils can get free school meals
  • Primary 6-7: pupils in households getting Scottish child payment
  • Pupils in households getting universal credit with earnings no more than £850 a month
  • Pupils in households getting income-related employment and support allowance, income-related jobseeker’s allowance or income support (most households have moved onto UC by now)
  • Pupils in households getting asylum support

Families with children in P1-5 who qualify under any of the last three bullet points should still apply in order to receive any additional help in school holidays. The Scottish Government has also announced an extension to S1-3 if getting Scottish child payment in eight local authority pilot areas. 

See gov.scot/news/delivering-free-school-meals/ for more information. 

Abolition of tax credits and outstanding issues

From 6 April 2025, child tax credit and working tax credit are abolished, with no ongoing claims or renewals. However, it is still possible to contact HMRC via the tax credits helpline 0345 300 3900 or in writing by post to HMRC Tax Credit Office, BX9 1ER about outstanding issues such as: 

  • Dispute recovery of an overpayment, usually within one month of notification, or later in exceptional circumstances – use form TC846.
  • Request a review using form WTC/AP or appeal using form SSCS5 (there is no requirement for mandatory reconsideration in tax credits) of a decision on entitlement to tax credits, usually within one month or up to 13 months later with reasons.
  • Notify HMRC of the award of a disability benefit (usually child disability payment or adult disability payment) within one month of notification of the award in writing or via the Helpline. HMRC must review past entitlement and the disabled child element, disabled worker element and severe disability element can be awarded for any previous years.
  • Claim backdated child tax credit for refugees within one month of being granted refugee status – if they claimed asylum in the UK before 31 January 2019, an award can still be made (after deducting asylum support) up to 5 April 2025. 

Child benefit for young parents

From 7 April, parents under 16 no longer need to meet the national insurance number requirement to qualify for child benefit. Although there is no minimum age to qualify for child benefit, in practice claims from young parents were often rejected if they did not have a national insurance number and could not apply for one. The change means that a young parent can receive the higher rate (£26.05 a week) instead of the lower rate (£17.25 a week) which would be payable if a claim is made instead by the person who is already getting child benefit for the young parent.

See The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 [legislation.gov.uk/uksi/2025/207/regulation/4/made ]

Child benefit backdating for refugees

From 7 April, people with children who are granted refugee status in the UK can no longer claim extended backdating of child benefit. Backdating is limited to a maximum of three months, starting at the earliest from the date they are notified of refugee status.

This change does not affect refugees who were notified of their refugee status before 7 April 2025, who can qualify for backdating to the date they applied for asylum if they make their claim for child benefit within three months of being notified of refugee status. 

This removes the last remnant of backdating of benefits for refugees for the period during which they were waiting for a decision and were excluded from benefits, receiving asylum support at much lower levels.  The principle was based on the UN Refugee Convention [add link to ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees ] Article 24 that contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of social security, as established by caselaw R(IS)9/98 [ link to administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=767 ]:

  • Or in the words of the United Nations High Commission on Refugees “a person is a refugee within the meaning of the 1951 Convention as soon as he fulfils the criteria contained in the definition.  This would necessarily occur prior to the time at which his refugee status is formally determined. Recognition of his refugee status does not therefore make him a refugee but declares him to be one.  He does not become a refugee because of recognition, but is recognised because he is a refugee.” 
  • I was surprised that any United Kingdom government would seek to assert the contrary in evidence to the House of Commons or in the proceedings before me, especially with high judicial authority directly in point.  There is a precedent for that kind of logic (Carroll, Through the Looking Glass [1887] Ch. 6 per Humpty Dumpty) but not one I wish to be responsible for applying to the social security legislation of the United Kingdom or the European Union. The conceit that no one can be a refugee until the Home Secretary chooses to say so is not mere nonsense but callous and unprincipled nonsense, and I reject it insofar as it has any bearing on the issues before me.

See The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 [ legislation.gov.uk/uksi/2025/207/regulation/4/made ]

Best Start foods for families excluded from benefits due to immigration status

Children under 3 in households unable to claim benefits due to immigration status, such as those with no recourse to public funds, or asylum seekers, can qualify for Best Start foods. The Scottish Government has adjusted the income limits for this group to correspond to the level at which they would be entitled to universal credit, reflecting the different rates payable if claimants are under 25, and if the eldest child was born before 6 April 2017. The Best Start foods payment card is credited at £5.40 a week (£10.80 for a child under one) and can be used for milk, fruit, vegetables, pulses and eggs. 

See mygov.scot/best-start-grant-best-start-foods/public-funds-access for more information and how to apply.