I do a benefits drop-in session at a local health centre and this morning a midwife has asked a question that has stumped me - hopefully someone will be able to help...

The midwife states that she has a patient who has had 6 children in the last six years, and that all of them have been removed from her and taken into care due to the patient’s extremely severe substance abuse issues. The last three children have been removed at birth and have been in intensive care for a while, before being passed to Social Services.

The midwife states that, based on a conversation she had this morning with the patient and her long-term partner (who also has severe SA issues), she believes that the £500 Maternity Grant is proving an incentive for them to continue having children.

The midwife has therefore asked if the patent can still claim a Maternity Grant even if the medical and social authorities have made arrangements for the baby to go into care as soon as s/he is born? I have looked at the Regs and they appear to simply state entitlement is based on having given birth rather than giving birth and then caring for a baby. It appears that the patient is therefore entitled to claim a Maternity Grant.

Would more experienced advisers agree with this reading of the Regs?

I am also slightly uncomfortable with advising a third party about potentially restricting a claimants entitlement to benefit.

Does anyone have any opinions on this?

What an interesting question - looked at this with a colleague and agree there appears to be no restriction in the circumstances you outline.

Following train of thought - also flags up the possibility of both natural and adoptive parents claiming grant for same child - a quick reading of the regs suggest there is no restriction on this! Anyone else?

I think the midwife has to stamp a form to demonstrate the health advice for mother/baby has been given in order for claim to be valid.

The situation challenges individual workers - in much the same way I come across other professionals who have a sense of deserving/non-deserving poor/disabled or other claimant group.

Anti-discriminatory practice is the way forward I think...

Thanks for your reply Jo, glad to see I wasn't missing anything, nor being unreasonable about feeling uncomfortable.

Now, time for a quick discussion with the midwife...