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Family Law

The leading authority on all aspects of family law

09 DEC 2005

BENEFITS: Francis v Secretary of State for Work and Pensions, (2005) The Times, November 17

(Court of Appeal; Auld and Moore-Bick LJJ and Sir Peter Gibson; 10 November 2005)

A person with parental responsibility for a child under a residence order might be entitled to receive a maternity grant by analogy with an adoptive parent. In this case the aunt who had cared for the child since age of 7 months under a residence order had taken on all the additional costs associated with a new baby, and was in an analogous situation to an adoptive mother. The refusal to give her the grant was based on administrative convenience, which was not sufficient justification for the discrimination.

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