A SCHOOL dinner lady in Lanarkshire is believed to be the first person in Scotland to qualify for the Jobseekers' Allowance during the summer holidays.

Until now, the Government's Benefits Agency has argued that ancillary staff laid off by schools during the summer are not actively seeking work and therefore do not qualify for the allowance.

However, Ms Mary Ann Ferguson of Newarthill, a catering assistant at Brannock High School, has won a tribunal appeal after receiving backing from a North Lanarkshire Council's welfare rights officer.

Ms Ferguson said: ''I was surprised last summer when I went to sign on during the school holidays, and was told I couldn't because they had replaced it with the Jobseekers' Allowance.

''I was informed that because I wasn't actively seeking work during the six weeks I was off, I couldn't claim the benefit. I argued that I was available for work during the holidays and appealed against the Benefits Agency decision.''

Schools do not pay catering staff during the summer holidays, which means many rely on benefits until the new term.

The social work department believes other catering staff will be eligible to claim Jobseekers' Allowance over the summer.