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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter passed away 2 years ago leaving 2 children aged,

Resolved Question:

My daughter passed away 2 years ago leaving 2 children aged, at the time, 24 & 13. She appointed her son as his half sister's guardian. Her father was paying a small amount of maintenance which he has now stopped as he isn't working. My grandson now only gets child benefit. He is working but has his own baby to support and is finding money a problem. Is he entitled to claim any benefit for his sister as I don't feel that he should have to support her financially.

Frances Pearce
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you daughter leave any funds?
Have the CSA actually made an assessment?
Clare
Customer: replied 3 years ago.
My daughter did not have any money when she died.
My granddaughter's father was paying £141 per month, having twice had his payments reduced. I paid this money to my grandson last month but am a pensioner myself
Customer: replied 3 years ago.
Relist: Other.
I need to go out and have had no reply to my question
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Unfortunately so far as maintenance from the father is concerned the CSA is the only option
However the brother may be entitled to other benefits - he can check here
http://www.entitledto.co.uk/
Sadly he is not entitled to anything else since Social Services were not involved with the placing of the child with her brother
I am sorry not to to be able to give you more positive news
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you for your reply. As my grandson had not been living for a full 12months when his mother died he was not able to have his name on the rent book, my granddaughter is the named tenant. However he pays the rent which is approx. £550 per month, quite a hefty sum. Would he be entitled to any help with the rent
Expert:  Clare replied 3 years ago.
Hi
has his name now been added?
Clare
Customer: replied 3 years ago.
They said his name could not go on it until his sister is 18 which seems unfair as he is responsible for rent, council tax, etc
Expert:  Clare replied 3 years ago.
Hi
Has he tried to apply for Housing Benefit - either in his name or in the name of his sister?
Clare
Customer: replied 3 years ago.

No he hasn't but it is worth a try. Any financial assistance he can get would be appreciated. Thank you for your help
Expert:  Clare replied 3 years ago.
Hi
He should use the website to check what benefits he can claim
He should also apply for Housing benefit - if it is refused he should ask Social Services for assistance in obtaining it given that he has the care of his sister
Clare
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