Can anyone help with this one?

I have a client who is the father of a new baby and seperated from the baby's mother. The baby lives with him and he is getting Child Benefit and Child Tax Credits for that baby. The decision that the baby should live with him was made between the parents, not through courts. He claimed the SSMG within the time limit, but was refused as apparently the grant can only be paid to the mother or expectant mother of the child. I have looked at the regs and it does appear that all the terminology is all about mothers, expectant mothers or their partners. I think this is sexual discrimination. Has anyone dealt with a case like this before? I would be very grateful for any advice.

I've just been reading through the regs on this one and it say's:

' You or a member of your family are preganant or given birth in the last three months '

you could try appealing as it say's nothing and 'you' being the mother. If they still refuse I would fight it all the way or at least ask for the regs which state benefit can only be paid to the mother..!!!!

But is he still a member of her family if they are separated? I looked at this one too and abandoned the idea for that reason.

Yes, this is where I have hit a wall really. The regs do state 'you or a member of your family' but they are not a couple. The SSMG front cover states you must 'be the mother or expectant mother or the partner of the expectant mother'. I think I am going to have to appeal on the grounds of sexual discrimination as I can't find any regs to support fathers unless their is a parental order.

Hi - does he have a residence order for the child? Because if so he is treated in same way as an adopter.

If not, I agree that should be taken further as an s.d. case. The organisation I work for (Working Families) would be very interested to hear about the outcome!

Hi, there is no residence order as it was a mutual agreement between the two of them. It's so strange that the regs just don't cover this situation. I will keep you informed of the outcome.

Many thanks