I have a client whose wife has been turned down 3/4 times for the SSMG each stating that this is because there is no qualifying benefit.
The wife is unable to claim due to immigration status.
The client receives IBJSA for himself, but with no amount for her.
Phoning the Social Fund they say she would only qualify if he were claiming as a couple.
The leaflet says that the claimant or partner must get the benefit.
Our CAB info says the same, so does the CPAG book, and the actual regulations....
When they first gave the explanation it seemed to make sense but I think I may have been thinking of pregnant young people who can qualify where child additions are paid for them.
I've advised the client to appeal.
Is the social fund just wrong ? Have I missed something ? Does this happen often ?

Thanks.

I think the SF are wrong. Your client must be claiming for himself and his wife because couples have to claim for both members of the couple. Certainly you would expect him to have had to include her on the claim form as a partner, and if she had any income it would count against their JSA. The reason he doesn't get the couple rate is that under JSA Reg 85(1) and para 13A of Schedule 5 their applicable amount is set to the single person's rate.

She is clearly his partner, whether or not he gets benefit for her, so should be entitled to SSMG.

Hi VictoriaJ,

I think that a recent decision by Commissioner Levenson, CIS/2031/2003, might be just what you need.

Commissioner Levenson specifically considers the issue of Reg 5(1)(a)of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 which provide that -

"a Sure Start Maternity Grant shall be made only where … the claimant or the claimant’s partner has, in respect of the date of the claim for a (Grant), been awarded … income support ..."

He holds that whether or not the applicable amount in the calculation of entitlement to income support actually includes an amount for a partner, there is only one claim for income support (although the decision on the claim or the amount of entitlement might later be changed).

A summary of his decision, with a link to the full decision itself, can be found in the briefcase area of rightsnet, and by clicking here.