LS v Secretary of State for Work and Pensions (SF) (Benefits for children : other)

This appeal by the claimant succeeds in the technical sense that� in accordance with the provisions of section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 I set aside the decision of the First-tier Tribunal sitting in Sheffield and made on 16 th July 2012 under reference SC147/11/01775. However, I substitute my own decision to the same effect . This is that the claimant is not entitled to a Sure Start Maternity Grant in respect of her claim made on or about 10 th February 2011.

I held an oral hearing of this appeal in Field House (London) on 6 th February 2014. The claimant did not attend in person but was represented by Mr Michael Spencer, solicitor from the Child Poverty Action Group (assisted by Mr Martin Williams). The Secretary of State was represented by Mr Ivan Hare of counsel instructed by the Solicitor to the Department for Work and Pensions. I am grateful to them all for their assistance.

Section 138(1) of the Social Security Contributions and Benefits Act 1992 provides as follows:

138(1) There may be made out of the social fund, in accordance with this Part of this Act -

(a) Payments of prescribed amounts, whether in respect of prescribed items or otherwise, to meet, in prescribed circumstances, maternity expenses �