Cannot put my finger on this one, either way.

Client was refused FEP for her 4yr old child when she made a claim a couple of weeks after he died. Was refused because of the absent parent (not estranged) who was at that time not on a qualifying benefit. However, the AP lost his job a few days later and claimed IS on basis of IOW.

So now, still within the 3mths time limit to make a claim, both parents are IRO qualifying benefits.

Is there anyhting to stop a new claim going in now? Or put another way, does the first unsuccessful claim mean a new claim will not be successful if all other rules are satisfied?

Mon 31-Mar-08 11:15 AM by paul__moorhouse

I think that the problem is that the new application can be made but will fail regardless of whether a previous claim had been made because regulation 7 (8) of SF MP & FE Regs says:

'8) The fifth condition is that—

(a) the responsible person was the partner of the deceased at the date of death; or

(b) in a case where the deceased was a child and—

(i) there is no absent parent, or

(ii) there is an absent parent who, or whose partner, is a person to whom paragraph (4) applied AS AT THE DATE OF DEATH,'

So subsequent changes in the absent parent's position won't make any difference to entitlement. Though a similar change to the parent with care could...

I'd love to be proved wrong though!

Well, what I was thinking is that if a new claim was made, the claim would be on the basis of a close relative (which I think includes parents).

On that basis I thought the absent parent (now with his IS) would not operate to exlcude client. This was taken from my reading in CPAG of the exclusion of close relatives. It states the claimant will not be excluded because of a parent of the deceased where that parent is in reciept of a qualifying benefit (it doesnt say in my copy that they have to have the qualifying beneift from the date of death, as it does say in other sections on funeral expenses payments).

However, on checking the regs further I think it means that the absent parent again has to be IRO a qualifying benefit at the time of the death of the deceased.

So, although a new claim can be made, again it wont help.

Thanks for your input.