Does a homosexual partner count as family under Direction 4(a)(iii) for the purposes of applying for a CCG?

Leo

The following is from the SF Directions, Direction 4, paras 2758 and 2759.

"Family" in this section should generally be taken to mean couples, including those with children, people caring for children or pregnant women over 24 weeks. DMs can use discretion in defining a family, though the definition in Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 2(1) is a useful reference. When considering the meaning of "family", however, DMs must consider all the circumstances of each particular case and are at liberty to be flexible in their interpretation, bearing in mind the overall intention of CCGs. There may be circumstances, for instance, when it may be appropriate to extend the definition of family beyond the conventional "nuclear" family scope to include siblings. For example, two elderly sisters living in the same house would be as vulnerable as conventional families to a variety of stressful circumstances, particularly those resulting from unforeseen calamities such as flooding.

An award of a CCG should normally be to help members of a family to stay together. In addition, the guidance in para 2758 should be borne in mind when considering what is meant by”family”and a rigid interpretation of the guidance should be avoided.

Of persuasive value may be the decision of the court in the Fitzpatrick case where the court decided that the same sex partner of the deceased could succeed to the tenancy as a member of the deceased's family.

Regards
Paul

Sorry! I should have made it clear that the reference to the Fitzpatrick case is mine and not in the SF guidance.

Paul