A mum of three has been denied Universal Credit for one of her children despite having been raped.
There is a cap on benefits meaning people can only claim for two children – except in exceptional circumstances.
Those circumstances include if the mother has been raped.
But the woman, who had a child in 2010 after being raped by an ex-partner, has been told she does not qualify for the exemption.
Her benefits for one of her children have been stopped and overpayments are being clawed back, reports The Mirror.
Herer most recent child was born last year and her Universal Credit was increased by £463 for the third child, under the exemption for children born to “rape, abuse or coercive control”.
But Jobcentre officials then stopped new payments and began clawing the money back.
In order to qualify the child born of rape would have had to be her third child, born after April 2017.
Because she made a choice to have a third child after the cut-off date the two-child limit applied to her.
The woman told the Mirror: “I think it’s very unjust. It doesn’t make much sense because whether it’s the first child or the last child, it’s still the result of the same incident.”
She added: “In the beginning I was really scared, but I’m completely against abortion. At the end of the day, she’s still my daughter.”
The case sparked fresh calls to axe the two-child limit, which has cut the benefits of 911,000 children in 243,000 households since 2017.
Alison Garnham, chief executive of the Child Poverty Action Group, said: “The limit should not apply where any child in the family has been born as a result of rape or abuse, regardless of when this happened.”
Campaigning SNP MP Alison Thewliss added: “This case demonstrates just how cruel a policy the two-child limit and the rape clause really is.
“I find it incredibly disturbing that this woman has had to tell a DWP official about how her child was conceived as the result of rape to be given access to financial lifeline, only to then have that support clawed back due to bureaucratic error.
“It shouldn’t matter in what order children were born, the family should be entitled to support.”
The couple’s Universal Credit journal shows Jobcentre staff filled in a ‘rape clause’ exemption on December 6 and gave the couple two months of backdated payments for their third child.
But in January those extra payments didn’t arrive.
The couple say the DWP began recouping the money as a debt.
A DWP spokesman said: “We recognise that some benefits claimants have endured extremely difficult circumstances and are committed to supporting the most vulnerable in society.”
The woman is now pregnant with a fourth child.