Social Security Benefits: Children

(asked on 21st June 2017) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how his Department plans to record information that a child has been conceived as a result of rape for the purposes of Support for a child conceived without your consent.


Answered by
Damian Hinds Portrait
Damian Hinds
Minister of State (Education)
This question was answered on 29th June 2017

We recognise that this is a difficult and sensitive issue, and have set up procedures that are mindful of the sensitivities involved. To claim the exception the claimant will need to provide a completed pro-forma from an approved third party or evidence relating to either a relevant criminal conviction or relevant award of criminal injuries compensation. DWP staff will not question the claimant about the incident, they will only take the claim and receive the supporting documents. Claimants will be asked to confirm that they are not living with the other biological parent of the child during the process of providing evidence. They will not be asked to identify the alleged perpetrator.

Where a pro-forma is provided from a third party, DWP staff will check that the form is complete and verified by an approved third party. Where other evidence is provided this will be checked and returned to the claimant.

The decision regarding entitlement to the exception will be subject to the normal mandatory reconsideration and appeal process.

DWP will hold exception information for the duration of an open claim and then for 14 months after a claim is closed. This is in accordance with standard procedures and to ensure that the 14 month maximum appeal period for decisions is observed.

Where a claimant moves between Child Tax Credit and Universal Credit, the information with regard to the exception will be shared between DWP and HMRC to prevent the claimant from having to provide evidence for the exception a second time. A secure data transfer method has been set up to manage this process. In the case of an appeal, information will be shared with HMCTS to facilitate the appeal. This will be managed in line with data protection requirements.

Any disclosure request for information in relation to the exception would be considered in liaison with the prosecuting authority as appropriate, in accordance with procedures and practice applicable in the jurisdiction concerned and taking account of particular circumstances, including the relevance of the documents requested to the case and all applicable legal considerations including those relating to data protection.

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