Death benefits

Discussion in 'Finance, Property, Law' started by Sammymantha, May 2, 2007.

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  1. I was wondering if someone could help me. My brother in his great manly way has managed to get the local slapper pregnant and shes keeping it. My brother is off to Iraq in a few months and i was wondering should the worst happen would the child get anything? I know there is a big difference between married and unmarried couples (sadly). How does the benefits work for children who are not in his care?

    Everyone hopes their loved ones will return, but its best to prepare for the worst so you can relax when it doesnt happen.

    I just hope that the ladies and gents come home safe.
     
  2. Sammy,

    The quick answer is "no"; she would have to claim on his estate. That is, if he has sufficient assets after meeting the legal costs of a challenge to the will.

    The question you should have asked is "Will she be able to claim a widow's pension?". Now, that is less clear. A few years ago, I would have answered "no" in the safe knowledge that the answer was "no" because they weren't married. However, the partner of the SAS soldier killed in Sierra Leone successfully negotiated a pension from the Army, even though they were neither married nor in a civil partnership. So, I don't know where we currently stand, Sammy.

    The questions I would ask is: "Is the child his and has he acknowledged paternity?". If the answer is yes, then he must tell the Army that he has a dependant child and must complete a will. Both of those can be done in his Admin Office. He should also ensure that he is a member of the Army Dependants' Trust which pays out £10k (IIRC) within 2-3 days of death. He should also join Pax.

    If he wants to do the decent thing, he should marry the lady, unless it was just a one-night stand.

    Litotes
     
  3. paternity test is the first thing on the list before any wills get written or he starts paying maintainance.
    Getting married is a problem as he is 18 and she is only 15 yrs old.

    Thanks for the information.

    Edited to add ... im not interested in her getting any money as it would probably go on a chav p*ss up. Was looking into money that could be put into a trust for the child.

    Im not interested in the army paying for the child, just want to protect any money from the mother.
     
  4. Sammy,

    It might be true love....

    Perhaps not.... LOL!

    Point him in the direction of his Welfare Officer. He can talk to him at anytime about the problem, in confidence.

    Litotes
     
  5. I would be more worried about her mother getting your brother charged for statutory rape if this girl is 15.


    Additionally, if I were your brother I would be making this girl pee on a pregnancy test stick to check she is actually pregnant.
     
  6. A) her mother knows and is happy with it!!!! maybe not happy but excepts that teenagers have sex. Having a baby at 15 by an older lad is the norm at home, its why i escaped. Both parents are trying to tell them that having a baby not easy, cheap etc. but if she wants to keep it there is nothing he can do, but pay up.

    he has been told many times by previous girlfriends that they have been pregnant, then had an abortion, which is crap to get him to stay with them. But there is no doubt that this girl is pregnant.
     
  7. Then he will have to pay for that childs maintence.

    Best show him the benefits of condoms in future though, if he wants to keep any of his wages.
     
  8. Ive tried, believe me i have. I think castration is the only answer for him. We have already highlighted that he will lose his wages, free time etc if she has it.
     
  9. Hi Samymantha,

    The state has introduced a number of statutory changes in recent years which operate to provide financial assistance to unmarried mothers and their children. This has been effectuated not our of any egalitarian concern for the welfare of the mother or child, but for the sole purpose of reducing the financial burden upon the taxpayer. I have hyperlink the relevant provisions for you within ten minutes of this post appearing.

    I will assume from the facts that your description of the child as: ‘not in his care,’ refers to the fact that your brother has not acquired ‘parental responsibility’ for the child under Section 2(b) Children Act 1989 as defined by section 3(1) thereunder; such responsibility being vested in the mother by virtue of her unmarried status at the time of the child’s birth: Section 2(a) (supra).

    I also assume that your brother has not been awarded a ‘Residence Order’ under section 8 of the 1989 Act which is an order of the court which allows the child to live with one or other or both of the parties. She may regardless of his death have a claim under section 15 and Schedule 1 of the 1989 Act. This allows the court to make property adjustment and financial provision orders for the benefit of the child. This provision operates in a similar way to the wide redistributive powers given to the court to couples who divorce under sections 24 and 25 Matrimonial Causes Act 1973. It is used in addition to or in substitution for the arrangements made by the mother or the DSS if she is in receipt of state benefits, through the Child Support Agency under the Child Support Act 1991.

    Although the mother is colourfully described by reference to her alleged sexual proclivity, the term: ‘unmarried couples’ has been used in the same sentence. This raises the possibility of an application by her for an order of the court under Section 2 Inheritance (Provision for Family and Dependants) Act 1975 for ‘reasonable financial provision’ for herself under section 1(IA)[/url] of the 1975 Act if during the whole of the period of two years ending immediately before his death if she and your brother were living in the same household as husband and wife. The court has the power under section 2 to make periodical payment orders, lump sum payment orders and property adjustment orders out of the net estate of the deceased regardless of any disposition made by him under his will or on intestacy. Moreover, section 1(1)(c) of the 1975 Act will include an application on behalf of the child, as defined by section 25(1) which will include an illegitimate child and a child en ventre sa mere at the time of decease.

    If she fails under the second head of claim under the 1975 Act, and having just been appraised of her age after writing the above, she is unlikely to have cohabited since she was 13, she may plead in the alternative section 1(1)(c) of the 1975 Act in respect of herself or under the 1989 Act in respect of the child.

    As the mother is only 15 years, then unless she is considered competent to bring an action on her own behalf within the terms set out by the House of Lords in Gillick v West Norfolk and Wisebech Area Health Authority 1986] AC 112 of her mother may bring an action on her behalf.

    Your brother would be well advised to seek a free half-hour weekly advice clinic run by most solicitors or, in the alternative, seek free advice from ALS on deployment. This is particularly important given that the facts disclose an alleged offence under the Sexual Offences Act 2006

    Regrettably, I am unable to edit-in all the hyperlinks but you can search out the provisions for yourself by entering the site though the ones that work on this post.

    I hope this addresses your question.

    Regards and best wishes
    Iolis