1. Introduction

1.1 Legislation

The breakfast clubs early adopters grant will be paid by the Secretary of State for Education as a grant under section 14 of the Education Act 2002. In accordance with section 16 of that act, the Secretary of State attaches the following terms to the grant payable. 

1.2 Purpose

The breakfast clubs early adopters grant is for the purpose of funding primary schools to offer breakfast clubs, which will contribute to 2 aims of the government’s opportunity mission: 

• tackling child poverty – the scheme aims to increase household incomes, by reducing the amount families spend on groceries and before school childcare and contributing to an increase in parents’ ability to work more hours 

• achieving and thriving – by ensuring children start the day on time and are fed, the scheme aims to set children up to listen and concentrate throughout the school day, improving their ability to achieve and reducing the gap between disadvantaged and non-disadvantaged pupils

Recipients of this grant must ensure that the minimum requirements are met, as set out in the breakfast clubs early adopter guidance. Receipt of the fixed grant payment (see ‘Payments’ section) will be taken as acceptance the recipient agrees to the grant conditions. The breakfast club early adopters grant: methodology document should be read in conjunction with the terms along with the overarching policy pages. 

1.3 Period

These conditions of grant cover the 2024 to 2025 academic year, beginning from 22 April 2025. 

2. Eligibility

2.1 Types of settings

The following settings (other than where established in a hospital) are eligible to receive funding provided they meet the criteria as set out at 2.2: 

• local authorities – this includes local authority maintained: 

  • mainstream schools 

  • special schools 

  • pupil referral units       

• academies – this includes: 

  • mainstream academies  

  • alternative provision (AP) and special academies 

• non-maintained special schools (NMSS) 

2.2 Criteria

Settings are only eligible for this funding where they have signed up for, and been accepted onto, the breakfast clubs early adopters scheme. Only primary aged pupils, defined as those in reception to year 6 within these settings, are eligible for the funding. 

3. Payments

3.1 Calculation

Allocations for this grant have been calculated using the standardised methodology, provided in the breakfast club early adopters grant: methodology document. We will publish the breakdown at setting level shortly before each payment.

A fixed payment will be made at the end of April 2025 for local authorities and the beginning of May 2025 for academies. A second payment in arrears will be made at the end of November 2025 for local authorities and beginning of December 2025 for academies. This second payment will be determined by actual pupil uptake and data will be collected from schools between May 2025 and June 2025.

Schools will be required to provide data via a digital form that will be sent out by the Department for Education (DfE). This data will include daily uptake numbers across a defined period of time as well as other data to provide assurance that minimum requirements have been met. We will publish details of what data we require and when, in the welcome pack which will be sent out to early adopter schools in January 2025.

3.2 Payment timetable

	Local authorities and their maintained schools	Academies	NMSS
Payment 1	April 2025	May 2025	April 2025
Payment 2	November 2025	December 2025	November 2025

3.3 School closures, openings and academy conversions

If a setting closes during the financial year, the local authority (for maintained schools) or DfE (for academies) should allocate the grant for the proportion of the financial year the setting is open.

This grant is allocated on a school level basis. DfE will not seek to clawback any grant funding from a local authority if a school converts to academy status after the payment is made. The grant allocation is intended for the school and it will be assumed the local authority passed on the entire grant funding to the school immediately upon receipt from the DfE. In addition, any unspent grant funding should remain with the school after it converts.

In respect to calculating a school’s final accounts, any pro-rated amount up to the point of conversion is included in the balance calculation for the school. The remaining amount which relates for the period after the school has converted should be accounted for by the academy.

Where a school has converted to an academy by 1 April 2025, the academy will receive its academic year 2024 to 2025 grant directly from DfE.

Local authorities should pay academic year 2024 to 2025 grant to schools due to convert to academy status as follows: 

Date of conversion to academy	Proportion of 2024 to 2025 grant passed on by local authority
On or by 1 April 2025	Funds paid direct to academy
After 1 April 2025 and on or by 1 July 2025	Any unspent start up funding
After 1 November 2025	Pro rata payment 2 for the portion of the academic year after conversion

A local authority’s academic year 2024 to 2025 grant allocation will be adjusted to reflect these conversions and the remaining allocation will be paid directly to the academy. 

3.4 Additional local authority duty

Local authorities will be required to certify that they have passed on the correct amount of funding to schools. DfE will issue a certification form in Spring 2026. Local authorities must pass funding on to their maintained schools, including special and AP, in a timely manner in line with their scheme for financing schools. 

4. Permitted use of funding

The per pupil funding allocation made in arrears must only be spent on the breakfast food, drinks, associated staffing and delivery costs. It must not be spent on any costs associated with other provision outside of the breakfast club e.g. lunch provision or other childcare provision offered by the school. 

The one-off set up payment must only be spent on equipment needed to set up or run a breakfast club, for example, kitchen equipment, kitchenware, basic furniture (such as tables and chairs), staff training, systems or infrastructure. It must not be spent on providing a free breakfast club, ahead of the April start date or to fund existing wraparound arrangements. The one-off set up payment must also not be used to purchase anything the school requires for other provision, such as lunch provision or other childcare provision the school offers. The second part of the initial payment should only be used on staff or administration costs. 

Schools may pass on funding to providers to deliver their breakfast clubs, but it is the school’s responsibility to ensure the department’s funding conditions are still met (such as data collection) and that there are appropriate guards in place against profiteering. Schools must also ensure that any providers for childcare are Ofsted registered. Schools must comply with any relevant procurement regulations, in line with their standard practices on buying and procurement. 

Wraparound childcare funding cannot be claimed during the same time as breakfast club funding. For example, you cannot claim both for a session of 30 minutes before the start of the school day. Wraparound childcare funding can be claimed for a separate session, such as a place within a session before the 30 minute free and universal session begins, on the same day. Where claims for breakfast club funding duplicates wraparound funding, breakfast clubs funding requests will be rejected. 

Where schools have wraparound childcare, which starts prior to the 30 minutes before the school day covered by breakfast club funding, they must communicate clearly with parents what is paid for and what is free. Parents must not be charged for the government-funded 30 minute offer, nor required to attend paid for provision in order to access the 30 minute offer. 

Schools cannot claim funding for more than one breakfast per pupil. If a school already received breakfast funding from local authorities or charities, we suggest that you contact them to ensure there is no risk of double funding. 

4.1 Other conditions

Schools must ensure the offer is inclusive for all pupils and make adjustments as necessary, considering any related legislation and guidance. 

If breakfast club provision is off-site, schools are responsible for ensuring children are back on-site for the start of lessons. 

Schools will need to work with local authorities to ensure they meet their statutory duty to transport children to special, AP and maintained schools, in a timely manner. 

Schools taking part in the early adopters scheme will be required to engage with the department and any associated evaluation or management information (MI) activities/collections and attend their allocated hub meetings on a regular basis.  

Schools taking part in the early adopters scheme will need to transition off the existing DfE funded breakfast programme – the National School Breakfast Programme - to take part, ensuring other funding streams cease from April 2025. 

5. Assurance

5.1 Carry forward

Funds must not be carried forward to fund breakfast clubs in the 2025 to 2026 academic year. All funds must be used to reimburse costs incurred by the end of July 2025 and any funding not required for the purposes outlined in these terms and conditions by this date should be returned to the department. 

5.2 Records required

Local authorities and settings are required to maintain and keep clear records of income and expenditure in relation to this grant including evidence of the use of funds. This will also include per pupil daily attendance numbers for certain periods. 

Schools must record daily take up (attendance) of their breakfast club during a one-week period each term for payment purposes. This data will be collected via a digital form and recipients will be required to complete this form on time or payment will be delayed. Records must be kept for 7 years and the department may ask for these for audit and assurance purposes. More information on this form will be published in the welcome pack sent out to early adopter schools in January 2025. 

6. Further information

Books, other documents and records relating to the recipient’s accounts shall be open to inspection by the Secretary of State and by the Comptroller and Auditor General. 

The Comptroller and Auditor General may, under section 6 of the National Audit Act 1983, carry out examinations into the economy, efficiency and effectiveness with which the recipient has used its resources. 

Local authorities and settings shall provide information as may be required by the Secretary of State to determine whether they have complied with these conditions. 

7. Variation

The basis for allocation of grant may be varied by the Secretary of State from that set out above, if so requested by the local authority, school or college. 

8. Recovery of funding

If a local authority or setting fails to comply with the terms and conditions set out in this document, the Secretary of State may recover some or all of the breakfast club early adopters grant that has been allocated. This will be notified in writing to the local authority, school or college. 

Recoveries will be made by invoice or by offsetting the amount against subsequent payments due from the department. 

The recipient must notify DfE immediately through the Customer Help Portal  if it becomes aware of any instance of error, suspected fraud or financial irregularity in the use of the funds. 

9. Overpayments

If a setting or local authority identifies that it has been overpaid, it must contact DfE to arrange repayment of the excess. Where DfE identifies an overpayment, it may seek to recover the excess. The local authority or setting will be notified of this in writing. 

10. Enquiries

For queries relating to these terms and conditions please use the Customer Help Portal .