Could someone confirm eligibility for the Sure Start Maternity Grant?
If someone had a child, claimed the grant and that child was placed in the care of a family member (grandmother) (not officially adopted but mum no longer has responsibility nor claims any benefits for that child)
Would they be eligible for another grant as they no longer have another child u16 in the household or would they not be eligible for a subsequent grant as they don’t meet the exemption listed in 5(3)?
The regs are somewhat convolutedly drafted. You would start from the basic criteria for entitlement to an SSMG in reg 5(3) - i.e. there needs to be a qualifying order (5(3)(c)), appointment as a guardian (5(3)(d)), placement for adoption (5(3)(e)) or a recognised adoption from another country (5(3)(f)).
Only once you have got over that hurdle, you go and look at reg 3A which excludes certain claims where an SSMG has already been paid in relation to the child. To get around that rule, you need to meet two conditions. In order to meet the first condition, the claimant must either have a qualifying order (3A(4)(a)) or meet reg 5(3)(d)-(f) (3A(4)(b)). The second condition is that the claimant must not have received the first grant or been a member of the family of the recipient of the first grant when it was paid - which you imagine is not an issue here.
Because the nature of the conditions of entitlement mean that a grandparent who qualifies for an SSMG will always either be named on a qualifying order or meet one of regs 5(3)(d)-(f), I am not sure that you really need to worry about the dual payment rule.
It’s just a question really of identifying the legal basis for the child being “placed in the care of” the grandmother. If it is one of the circumstances described above, then she can potentially get an SSMG. If it isn’t then she can’t.[ Edited: 13 Mar 2021 at 07:32 pm by Elliot Kent ]
So Mum wouldn’t be eligible for the grant for a new baby (child 2) but Grandmother may for Child 1?[ Edited: 15 Mar 2021 at 01:49 pm by Tara CAC ]
the subsequent grant rule is in relation to the child rather than the parent?
The mother claiming for a different child is governed by Reg 5A, and as long as the first child is no longer a member of her “family” (which is defined as meaning a member of the same household for whom she is responsible), then she can get another grant for the second child.
EDIT: It’s very possible the grandmother can’t claim for the first child due to the age of the child - the child must be under 12 months of age at the date of claim.[ Edited: 15 Mar 2021 at 02:02 pm by Charles ]
Sorry I am getting a bit lost as to who you are advising. I assumed because you had referred to reg 3A you were asking if grandmother could get an SSMG for the first child
It was in regards to the Mum and child 2, but I was confused by the first grant bit (thinking it was applied to the parent rather than the child)