How families affected by NRPF can access Free School Meals
Guidelines for schools and families
In April 2022, the Government changed the rules so that more children living in poverty can access Free School Meals, even if they are affected by the No Recourse to Public Funds (NRPF) policy.
The Government made it clear that they want all children whose parents earn less than a certain amount of money every year to be able to access Free School Meals – even if they are affected by NRPF or don’t have a valid visa at the moment (sometimes referred to as being “undocumented.”)
But we know that a lot of families, schools and local authorities still don’t know about this policy change, even though it was introduced over five months ago. As a result, many children still aren’t getting the Free School Meals that they’re entitled to, and schools are missing out on pupil premium funding. That’s why we’ve put together this blog with some key information about how families who are affected by NRPF can access Free School Meals.
Who is eligible
Unhelpfully, the Government’s main information page about Free School Meals hasn’t been updated yet, so it doesn’t mention families affected by NRPF. But there is a separate page specifically for families affected by NRPF.
Immigration status
The groups that are eligible include – but are not limited to – children of:
Families who don’t have a valid visa currently (sometimes referred to as being “undocumented”);
Zambrano carers;
Families who have NRPF with a right to remain in the UK on grounds of private and family life under Article 8 of the European Convention on Human Rights (sometimes known as the 10-year route, family route or private life route);
Families receiving support under Section 17 of the Children Act 1989, who are also subject to a NRPF restriction;
A subset of failed asylum seekers supported under Section 4 of the Immigration and Asylum Act 1999;
Chen carers;
Families holding a BN(O) passport;
Spousal visa holders;
Work visa holders;
Student visa holders.
This is not an exhaustive list, and the DfE have been very clear that ALL children affected by NRPF (who meet the income criteria below) are now eligible for Free School Meals. Not all families will necessarily know which of these categories they fall in to. In some cases, their visa type will be written on a Biometric Residence Permit, a visa in their passport or in a letter from the Home Office. In others, if a family has a social worker, you may need to speak to them. If their status is still unclear, the DfE have made it clear that a family can simple self-declare that they are affected by NRPF (see below).
Income thresholds
To be eligible, families must not have a total annual household income above the following thresholds:
If they are outside London and have 1 child, the maximum income is £22,700;
If they are outside London and have 2 or more children, the maximum income is £26,300;
If they live in London and have 1 child, the maximum income is £31,200;
If they live in London and have 2 children or more, the maximum income is £34,800.
Some families may not have the right to work in the UK because of the type of visa they have. In these cases, they don’t need to provide evidence of their income (see below for more detail).
How families can apply
Families affected by NRPF can’t apply through the usual eligibility checking system, so the Department for Education has asked schools to assess eligibility for Free School Meals by using a simple application form. Full guidance on this process, and a sample application form are available on the DfE’s website. Schools are also free to develop their own templates and processes if they want to.
Some families may not be able to provide evidence of their immigration status, such as if they don’t currently have a valid visa. Others might not be able to provide evidence about their income, for example if they don’t have permission to work in the UK. In these cases, the DfE is clear that families can simply declare that they don’t have status and/or that they don’t have any income.
Schools don’t have to send applications for Free School Meals to the DfE or their Local Authority. Schools can award eligibility where they are satisfied that the applicant has NRPF and meets the income threshold.
A note on data-sharing
The sample application form asks parents to sign to confirm that they are happy for their information to be shared with the Department for Education. The Department has privately confirmed that it is not within the Department’s processes to share information with the Home Office.
For more information, please see these resources:
Full details about accessing Free School Meals for children affected by NRPF;
Sample application form from the DfE;
A sample letter that schools can send to parents to let them know about this change to the rules, also courtesy of The Children’s Society;
Our briefing for MPs about this issue.