Hi,

I have a client who is receiving Income Support whose mother recently died. The problem is that she has two brothers who are not receiving a qualifying benefit. These brothers only saw the mother about once every three months, although they both attended the funeral. Can I argue that they were estranged from the mother and therefore get the social fund payment for the client? Any links to relevant case law would be greatly appreciated. She has already accepted responsibility for the funeral.

A lot of people see their parents a lot less frequently than every three months and are very far from being estranged.

I've always understood "estranged" to mean essentially "not on speaking terms and not even Christmas cards" - do other people agree?

..If estrangement doesn't enter into the picture, then it comes down to who had the closer relationship with the deceased - ie, if your client lived nearby and saw their mother on a day to day basis - did the brothers call because they wanted to, or because they felt duty bound to - a familier picture........

Quote"..If estrangement doesn't enter into the picture, then it comes down to who had the closer relationship with the deceased - ie, if your client lived nearby and saw their mother on a day to day basis - did the brothers call because they wanted to, or because they felt duty bound to - a familier picture........ End quote"

The client saw the mother the most. However, I thought that was not enough. In this situation when there is there more than one sibling, does there not need to be estrangment for any of the brothers to be excluded.

I essentially agree with Ariadne. Estrangement has "connotations of emotional disharmony" -R(SB) 2/87.

"The appropriate OED definition of 'estranged', accepted in CIS/5119/97 is, 'to alienate in feeling or affection'. I might put a gloss on that such as 'not to be on speaking terms' (CIS/5321/1998).

Something short of alienation may be "estranged" whereas a mere drifting apart may not be.

Is it even worth making an application for this client?