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Subject: "Funeral Payments for a deceased child" First topic | Last topic
Quinn
                              

Welfare Rights Officer, Northumberland care Trust
Member since
22nd Jan 2004

Funeral Payments for a deceased child
Thu 21-Jul-05 03:26 PM

Single Mother on IS. Her 13year old son has died and she wishes to make a claim for a Funeral Payment(FP) from the SF. The father of the child works full-time and lives in area nearby.
I've checked CPAG handbook and it looks like that as the Father is an absent parent not on a qualifying benefit, the Mum will fail to qualify as the person responsible for a FP. CPAG goes onto say that the Mum may qualify under the 'close relative' rule.
After checking the DMG (39151) it would appear that that option is cut off from the Mother, namely, that the 'close relative' test cannot be considered under 39151 para 2.
Local DWP SFO unable to clarify. Anyone out there able to?

  

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Replies to this topic
RE: Funeral Payments for a deceased child, stephenh, 21st Jul 2005, #1
RE: Funeral Payments for a deceased child, Quinn, 21st Jul 2005, #2
      RE: Funeral Payments for a deceased child, nevip, 21st Jul 2005, #3
           RE: Funeral Payments for a deceased child, Quinn, 21st Jul 2005, #4
                RE: Funeral Payments for a deceased child, Gerry2, 21st Jul 2005, #5
                     RE: Funeral Payments for a deceased child, Quinn, 21st Jul 2005, #6

stephenh
                              

Welfare Benefits Worker, Arrowe Park Hospital CAB, Wirral, Merseyside
Member since
18th Feb 2005

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 03:31 PM

If the child lived with his mother then I cannot see how she is not the person responsible for the FP. It will of course depend on the nature of the contact the child had with his father.

  

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Quinn
                              

Welfare Rights Officer, Northumberland care Trust
Member since
22nd Jan 2004

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 03:34 PM

That was my initial thought but the way I'm reading the regs and guidance it would seem that the mother will not get far enough to start considering nature of contact etc

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 03:52 PM

Unfortunately, the test is a little more stringent. If (other than the responsible person) there is another immediately family member (parent, son or daughter) of the deceased and that immediate family member is not on a qualifying benefit then that immediate family member will have to have been estranged from the deceased (Reg 7(3) of the Social Fund Maternity and Funeral Expenses Regulations 1987).

Thus while it may have been more straight forward to show that the resident parent was in closer contact with the child than the absent parent, it may not have been the case that the absent parent and the child were estranged.

Regards
Paul

  

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Quinn
                              

Welfare Rights Officer, Northumberland care Trust
Member since
22nd Jan 2004

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 03:56 PM

As far as I'm aware the absent parent could not stand the partner but was not estranged from the child.

  

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Gerry2
                              

CLS Direct Adviser, French and Co Solicitors, Nottingham
Member since
19th Jul 2004

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 04:01 PM

Have you confirmed that father, although in f-t work, isn't on HB, CTB or qualifying Tax Credit?

I remember once assuming that another family member wasn't on a qualifying benefit and then discovering that she was...

  

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Quinn
                              

Welfare Rights Officer, Northumberland care Trust
Member since
22nd Jan 2004

RE: Funeral Payments for a deceased child
Thu 21-Jul-05 04:04 PM

Unfortunately Father not on any qualifying benefit

  

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Top Other benefits topic #502First topic | Last topic