GAZETTE & HERALD: Pioneer mum Diana Scott is celebrating an important victory to claim widowed parent's allowance.

Mrs Scott, of Hill Corner in Chippenham, gave birth to her miracle baby Grace more than two years after her husband had died using his frozen sperm for IVF treatment.

When she came to claim her widowed parent's allowance, the benefits agency ruled Mrs Scott should not receive it because her husband died such a long time before her baby was born.

But the decision was overturned at a benefits appeal hearing at Chippenham Magistrates Court on Tuesday and Mrs Scott is delighted she will receive the allowance after all.

"It means a lot to us," she said. "My boat building business needs building up because of the ground lost when my husband died.

"Now I'm looking after Grace. I'm keeping the shop open but doing anything in the workshop is going to be difficult for the next couple of years."

The problem claiming the allowance stems from Grace's unusual conception and birth.

Her father Peter tragically died of cancer in February 2002, but prior to his diagnosis the couple were undergoing fertility treatment.

Mr Scott decided to have sperm frozen, and gave his permission for it to be used in the event of his death.

When Mr Scott died, normally all hope of their being a child would have gone to the grave with him, but Mrs Scott conceived baby Grace through IVF treatment, despite being told she had only a five per cent chance of success.

She underwent four unsuccessful IVF attempts before she became pregnant.

Mrs Scott applied for the allowance when she was 12 weeks pregnant.

"They said it was turned down because the embryo transfer had not taken place before his death, or the birth within 310 days of his death," she said.

"I've got used to fighting for things, but I do get tired of having to fight," she said.

The appeals process took a long time but the hearing itself took only about 20 minutes. Mrs Scott will also receive back payments of the allowance.