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URGENT HELP/ ADVICE NEEDED to challenge a decision, not to award Sure Start Maternity Grant.
I am assisting a family member, to challenge a decision made by the DWP with regard to a Sure Start Maternity Grant - I hope somebody can give some clarity on the grounds for decision, as seems a bit unfair.
My DIL gave birth to her first child 4 weeks ago. Prior to this, she had (as advised) made an application for a Sure Start Maternity Grant, which is a 'one off' grant/ payments of £500, awarded to first time mum's to assist with the cost of all the baby equipment/ clothing etc.
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Anyway, she has received a decision letter from the DWP, stating 'on 23 November 2020 you made a claim for a Sure Start Maternity Grant from the Social Fund 'we have decided that you are not entitled to a payment.
This is for the following reason:-
At the date of your claim for this baby, there is another child under the age of 16, in your family - who is not:-
* another baby from the same pregnancy
* The parent of the baby you are claiming for.
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History/ Background:
within the last 10-12 months, my Son's daughter from previous relationship (who was not living with him/ up to age13); had to leave the care of her own Mother/ owing to Domestic Violence issues and my she then placed in the care of my son, as she deemed to be in immediate danger. This is ongoing/ welfare concerns etc, still subject to Family Court Hearings (one coming up in February) where the 'childs biological mother 'is seeking to resume / apply for full-custody.(residency) via the Family Courts.
However, this child/ aged 13 years, currently estranged from her 'biological mother' owing to safeguarding issues, so remains with my son (her bioilogical father) and he had recently moved in with girlfriend/ expectant mother, for a number of months now.
It seems harsh, that his GF (age 25) being denied a Maternity Grant, for what is her first and only child, on the grounds that she is co-habitating with a man (father of her baby) who already fathered a child, now aged 13, currently staying/ living with him owing to her being placed in danger, if remaining at her mum address (primary carer),
Hopefully, there will be grounds to challenge this decision and I am trying to assist my daughter-in-law, making representations for, initially 'mandatory reconsideration' (within 1 month); then if no change, proceed to the 'appeal process'.
I have read the 2012 Act relating to the eligibility Criteria for being awarded a grant, but it somewhat unclear/ ambiguous and only allows the 'exception' of having other children (not being your own by birth, as & your partner - not the child's biological father) other exceptions, related to having another child; only aged under 1 year, who you are adopting or taking on Guardianship of?
The nature and extemt of ''exceptions' seems very limited and do not reflect, common scenarios based on today's standards/ likely circumstances? It seems ok to adopt a child or special guardianship - so long as not biological parent and child under 1 year old. But seems to totally deny young first time mums, the opportunity of receiving a grant for their first child, based on their current partner, having had a child from a previous relationship? (I had always understood it to be based on a first time mum, one off grant? So eg: the Child age 13 I refer to, her mother will have had this grant following her daughters birth 13years ago. So it reallt does not make sense?)
Any help/ advice would be very much appreciated.
Many thanis in advance, hope someone out there can help??
THANK YOU
I am assisting a family member, to challenge a decision made by the DWP with regard to a Sure Start Maternity Grant - I hope somebody can give some clarity on the grounds for decision, as seems a bit unfair.
My DIL gave birth to her first child 4 weeks ago. Prior to this, she had (as advised) made an application for a Sure Start Maternity Grant, which is a 'one off' grant/ payments of £500, awarded to first time mum's to assist with the cost of all the baby equipment/ clothing etc.
************************************************** ************************************************** ************************************************** ************************************************** ******************************
Anyway, she has received a decision letter from the DWP, stating 'on 23 November 2020 you made a claim for a Sure Start Maternity Grant from the Social Fund 'we have decided that you are not entitled to a payment.
This is for the following reason:-
At the date of your claim for this baby, there is another child under the age of 16, in your family - who is not:-
* another baby from the same pregnancy
* The parent of the baby you are claiming for.
************************************************** ************************************************** ************************************************** ************************************************** **************************
History/ Background:
within the last 10-12 months, my Son's daughter from previous relationship (who was not living with him/ up to age13); had to leave the care of her own Mother/ owing to Domestic Violence issues and my she then placed in the care of my son, as she deemed to be in immediate danger. This is ongoing/ welfare concerns etc, still subject to Family Court Hearings (one coming up in February) where the 'childs biological mother 'is seeking to resume / apply for full-custody.(residency) via the Family Courts.
However, this child/ aged 13 years, currently estranged from her 'biological mother' owing to safeguarding issues, so remains with my son (her bioilogical father) and he had recently moved in with girlfriend/ expectant mother, for a number of months now.
It seems harsh, that his GF (age 25) being denied a Maternity Grant, for what is her first and only child, on the grounds that she is co-habitating with a man (father of her baby) who already fathered a child, now aged 13, currently staying/ living with him owing to her being placed in danger, if remaining at her mum address (primary carer),
Hopefully, there will be grounds to challenge this decision and I am trying to assist my daughter-in-law, making representations for, initially 'mandatory reconsideration' (within 1 month); then if no change, proceed to the 'appeal process'.
I have read the 2012 Act relating to the eligibility Criteria for being awarded a grant, but it somewhat unclear/ ambiguous and only allows the 'exception' of having other children (not being your own by birth, as & your partner - not the child's biological father) other exceptions, related to having another child; only aged under 1 year, who you are adopting or taking on Guardianship of?
The nature and extemt of ''exceptions' seems very limited and do not reflect, common scenarios based on today's standards/ likely circumstances? It seems ok to adopt a child or special guardianship - so long as not biological parent and child under 1 year old. But seems to totally deny young first time mums, the opportunity of receiving a grant for their first child, based on their current partner, having had a child from a previous relationship? (I had always understood it to be based on a first time mum, one off grant? So eg: the Child age 13 I refer to, her mother will have had this grant following her daughters birth 13years ago. So it reallt does not make sense?)
Any help/ advice would be very much appreciated.
Many thanis in advance, hope someone out there can help??
THANK YOU
