Forum Home → Discussion → Other benefit issues → Thread
Sure Start Maternity Grant & Afghan Resettlement Scheme
In SK and LL v Secretary of State for Work and Pensions [2020] UKUT 145 (AAC) it was held that Regulation 5A of the 2005 Regulations does unlawfully discriminate against refugees contrary to Article 14 read with Article 8 and A1P1 of the Convention.
Client is not a refugee but has leave to remain granted under the Afghan Resettlement Scheme.
MR has been refused on the basis that claimant does not have refugee or humanitarian protection status so is not assisted by the above case.
Having read through SK & LL v SSWP, I can’t identify anything to preclude an argument that an Afghan national who has entered the UK under this specific resettlement scheme, who already had a pre-flight child when she arrived in the UK, is an “other status” which attracts the protection of Article 14 of the Convention and that the 2005 Regs discriminate against this group in the same way as refugees.
I appreciate the disadvantage faced by client in fleeing Afghanistan to the UK without retaining baby items might need to be evidenced but is there anything obvious I might be missing in terms of the distinction between refugees and someone who entered under this resettlement scheme that will have an impact?
Hi Tom
We actually came across this exact issue. It was refused at MR and then with CPAG’s help, we sent a pre-action letter. They have just recently replied to say they’re changing the policy and any relevant families will be notified so hopefully you’ll get a good outcome too!
Not sure how I missed that. Fantastic. Thanks Rebecca!
Hello
Further to Rebecca’s post of this morning, I just wanted to share further information about the implementation of the changes:
- Ministers have given approval to change Sure Start Maternity Grant (SSMG) guidance, to apply an exemption to people with a pre-flight child / children, fleeing Afghanistan and Ukraine as a consequence of the Taliban takeover and the Russian invasion.
- An exercise to review qualifying cases / claims previously disallowed under the SSMG ‘first child only’ policy will commence with immediate effect, and as long as all the other eligibility criteria is satisfied, payments will be issued over the coming weeks.
- A communication has been issued to DWP staff informing them of the exemption for any new SSMG applications received.
- The Social Fund Maternity and Funeral Expenses (General) Regulations 2005, GOV.UK website and SF100 claim form will be amended in due course.
If anyone has any difficulty getting previously refusals changed, or sees newly issued refusals wrongly issued then please do let CPAG know via the Early Warning System or to .(JavaScript must be enabled to view this email address)
Additionally, if you have a client who is refused a SSMG due to having previous children but does not have baby items due to fleeing domestic abuse, please get in touch.
Thanks,
Claire
Latest touchbase confirms that -
Approval has been given to change Sure Start Maternity Grant guidance.
This is to apply an exemption to people with a pre-flight child or children fleeing Afghanistan in connection with the collapse of the Afghan Government; and Ukraine as a result of the Russian invasion.
An exercise to review qualifying cases previously disallowed under the Sure Start Maternity Grant ‘first child only’ policy has commenced, and if all the other eligibility criteria is satisfied, payments will be issued over the coming weeks.
Just thought I would update here to confirm that this has now taken place for my client and they have received payment (& hopefully for all affected).