never sent the claim form - Sure Start grant

Hello

three years ago, my client phoned to claim a Sure Start maternity grant within the appropriate time, and an adviser told her that she did not qualified for it. No form was then sent to her. Some time later, she found out that she would have qualified and tried to apply but the application was refused because it was late. She then appealed.

There are no records of the phone call because the adviser did not take her name.

The hearing is next week. I wonder if there is any decision or law which can help her at all. 

(I thought about making a complaint if she has no rights regarding this claim).

Any help please

What was the reason given for saying she didn’t qualify?

She DID qualify, and the officer was wrong. In fact in its Submission the Secretary of State writes: ‘if Miss A had applied, it is likely that she would have been awarded a Sure Start Maternity Grant’.

I wonder if regulation 4(5) of the the Social Security (Claims and Payments) Regulations 1987 can be used. The DWP failed to issue her the appropriate form and so she was never given the opportunity to claim.

Am I right?

Thank you Tony. I’ll check this decision and I will tell my client to expect an unfavourable decision. 

The reason for refusing the form was that the client was not on Income Support or i.r. JSA.