Free school meals and public funds

[TCA]

I'm a UK citizen married to a non-EEA spouse who currently has UK further leave to remain and likewise stepfather to her non-EEA daughter who is also still under immigration control on the 5-year route. I'm in receipt of child tax credits (but not child benefit) for my stepdaughter because the rules permit this.

Our local council (in Scotland) allows free school meals and a uniform payment for pupils of any age, where the family are in receipt of child tax credits (or other benefits, none of which we are entitled to). Does anybody know if this falls foul of the 'no recourse to public funds' rule?

Edited to say: My stepdaughter is secondary school age, so I'm not talking about the free school meals afforded to all primary 1 to 3 children in Scotland.

[CR001]

You can claim child benefit for the child in your name.

I hope you are claiming child tax credits in joint names with your Spouse?

The rest if your question, should be fine as you are British.

[TCA]

Thanks for the very quick reply CR001. Yes, child tax credits have been claimed jointly with my wife. I wasn't aware I was able to claim child benefit however. I can't remember at all why I thought this. Looks like it can maybe be backdated too. Many thanks for highlighting this.

[TCA]

I've started the online application for free school meals and a uniform payment via the local council website. It asks whether I am applying with a partner and if yes, requests their name and NI number. Not sure if I should be saying yes or no here or whether it matters? My wife's and stepdaughter's details are on the child tax credits paperwork which I need to supply (and my wife's name is on the council tax account they request the reference number for) but I'm very wary of the phrase "public funds" which is mentioned at various stages of the application, most notably in the declaration.

Also my wife has retained her own surname (as has her daughter obviously), so it might look odd if I apply solo and my daughter has a different surname? There's no place for any explanatory notes regarding then being under immigration control and I really don't want to jeopardise their status. Any pointers?

[CR001]

You must complete all the information including your wife. Applying 'solo' is wrong and can be fraudulent. You must apply as a couple.

Surname not an issue.

YOU are claiming and are entitled to claim.

You can submit certified copies of their visas if you wish to, if the form doesn't ask for it specifically.

[TCA]

Thanks for the reply CR001. I think it's the fact that the form turns it into a "joint" claim that makes me nervous, although it's no different to tax credits in that respect. I do have to upload the tax credits documents so could easily upload copies of their visas as you suggest, just so I can say I've informed them. Alternatively I've just found an email address for the relevant department so could just drop them an email to clarify the rules just to cover myself, and hope that I don't get someone who doesn't understand that this is me accessing public funds not the wife or daughter.......