Hi guyes,

My collegue has a client who has had still bourn child gestation 23 weeks 5 days, Social fund have refused funeral payment as they say they can only pay if the child was 24weeks stillbourn.

Is this defined? is there a possibility of chalinging the decision as the length of gestation isnt an exact sience as far as I am aware??

Mother is understandably very upset and doesnt know where to find the money as she is having financial difficulties at the moment.

Does anyone have any pionters on this???

any help welcome

Phil

Reg.3 of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987, SI 1987/481, provides an interpretation of still-born child as having "the same meaning as in section 12 of the Births and Deaths Registration Act 1926 and section 56(1) of the Registrations of Births, Deaths and Marriages (Scotland) Act 1965 as they are amended by section 1 of the Still-birth (Definition) Act 1992". The Still-birth (Definition) Act 1992 substituted "twenty-fourth week" for the previous provision of "twenty-eighth week". Sadly, a still-born infant before 24 weeks of gestation is neither a "still-born child" nor a "child" within the meaning of the legislation so no payment results.

As the child was born before 24 weeks gestation it will not be registered, so presumably a funeral is not essential. Has mother spoken to the hospital about making suitable arrangements?

Thanks Ruth,

I think my collegue is going to try a charitable application in this case.

Thanks very mutch for your help

Phil