The Social Fund Maternity and Funeral Expenses (General) Regulations 2005

Entitlement

[F1 5.— (1) Subject to [F2 regulations 5A and 6], a payment of £500 to meet maternity expenses (referred to in these Regulations as a “Sure Start Maternity Grant”) shall be made in respect of a child or still-born child where the following conditions are satisfied.

(2) The first condition is that the claimant or the claimant’s partner has, in respect of the date of the claim for a Sure Start Maternity Grant, been awarded—

(a) income support;

(b) state pension credit;

(c) an income-based jobseeker’s allowance;

(d) working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in the award;

(e) child tax credit payable at a rate higher than the family element; F3 ...

(f) an income-related employment and support allowance; [F4 or

(g) universal credit.]

(3) The second condition is that—

(a) the claimant or, if the claimant is a member of a family, one of the family is pregnant or has given birth to a child or a still-born child;

[F5 (b) the child’s parents are not partners at the date of the claim and the claimant—

(i) is the parent (but not the mother) of the child (who must not exceed the age of twelve months at the date of the claim), or is responsible for that parent, and

(ii) is responsible for the child;]

(c) the claimant or the claimant’s partner—

(i) has been granted a qualifying order in respect of a child who does not exceed the age of twelve months at the date of the claim, and

(ii) is responsible for the child;

(d) the claimant or the claimant’s partner—

(i) has been appointed the guardian of a child who does not exceed the age of twelve months at the date of the claim, and

(ii) is responsible for the child;

(e) a child who does not exceed the age of twelve months at the date of the claim has been placed for adoption with the claimant or the claimant’s partner by an adoption agency and the claimant or the claimant’s partner is responsible for the child; or

(f) the claimant or the claimant’s partner has adopted a child who does not exceed the age of twelve months at the date of the claim and that adoption falls within section 66(1)(c) to (e) of the Adoption and Children Act 2002 (meaning of adoption).

(4) The third condition is that the claimant or the claimant’s partner has received advice from a health professional—

(a) on health and welfare matters relating to the child (but this requirement does not apply where the claim is made after the birth of a still-born child); and

(b) where the claim is made before the child is born, on health and welfare matters relating to maternal health.

(5) The fourth condition is that the claim is made within the prescribed time for claiming a Sure Start Maternity Grant.]

Textual Amendments

F1 Reg. 5 substituted (13.12.2010) by Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 2(5)

F2 Words in reg. 5(1) substituted (24.1.2011) by Social Fund Maternity Grant Amendment Regulations 2011 (S.I. 2011/100), regs. 1(1), 2(3)(a) (with reg. 3)

F3 Word in reg. 5(2) omitted (1.4.2013) by virtue of The Social Fund (Maternity and Funeral Expenses) Amendment Regulations 2013 (S.I. 2013/247), regs. 1(2), 2(4)(a)

F4 Reg. 5(2)(g) added (1.4.2013) by The Social Fund (Maternity and Funeral Expenses) Amendment Regulations 2013 (S.I. 2013/247), regs. 1(2), 2(4)(b)

F5 Reg. 5(3)(b) substituted (24.1.2011) by Social Fund Maternity Grant Amendment Regulations 2011 (S.I. 2011/100), regs. 1(1), 2(3)(b)