But a trade union has warned that it is only a partial victory.
Dinner ladies, teaching assistants and administrative staff were previously not entitled to claim jobseeker's allowance because they were deemed to be working over the school holidays. But during a case brought forward by the Child Poverty Action Group (CPAG), a tribunal of Social Security Commissioners decided that the rules, which the Government conceded discriminated against women, were unlawful and should not be applied.
CPAG legal officer Stewart Wright described the ruling as 'a groundbreaking decision'. He added, 'For too long, term-time workers have been treated unfairly and unjustly and have spent many summers under threat of hardship.'
However, the ruling only affects school support staff whose hours average out at less than 16 a week if they are single claimants, or 24 where they have a partner. The total hours worked during a year will be divided by 52 in order to establish weekly work levels, and if an employee is entitled to holiday pay the divisor will be reduced correspondingly.
Depending on their circumstances, employees will be able to claim jobseeker's allowance or income support. The Government said during the hearing that it believed around 700 workers would benefit from the ruling, but Mr Wright said the CPAG and unions he had consulted reckoned many more could become claimants.
The CPAG said the ruling should also assist those currently claiming Working Families Tax Credit, who may be able to claim income support or the jobseeker's allowance in addition or instead.
Unison national officer Christine Lewis said, 'It's a victory because it's the first time that the Government has accepted that women, who make up 90 per cent of this group of workers, are being discriminated against. But it won't open the floodgates for all term-time workers to get benefits, because many work too many hours to qualify.
'All these workers, whatever their hours, are in paid work and should not have to scrub around the benefit system. But the fact is they are so low-paid that many find it difficult to manage. We know of people who do four jobs just to make ends meet.'