Hi,

Can anyone clarify the position regarding a claimant for a CCG who passes away between the claim being made and the result of a review?

I have a client who was appointee for the deceased when he was alive. SF have closed down the review but I am wondering whether it is possible that they could make an award to the estate.

Sue

Hi Sue

The SF Guidance states

The prime objectives of CCGs are to:
• help people to establish themselves in the community
• help people remain in the community
• help with the care of a prisoner or young offender on release on temporary
licence
• ease exceptional pressures on families
• help people setting up home as a part of a resettlement programme
• assist with certain travelling expenses

As a CCG could not assist the deceased in any of these ways if he was single then I cannot see how an award could be made. If he had a partner or children, however, then I don't see why an award could not be made if you could argue any of the above.

Regards
Paul

I think it may be arguable - a member of his family was his appointee and they had to buy at least some of the items when the CCG was refused as they were needed urgently. Family is now in debt and unable to pay a proportion of his funeral costs as a result (even if funeral grant awarded). It would seem fair to me to at least consider a grant for those items already purchased.

Sue

I've not looked this up but I would surmise that if the claimant had died before the initial claim was decided, then the department's approach would be the right one.

But since he was alive at the date of the decision against which he disagreed, then I don't see why it shouldn't be considered, along the lines that you suggest Sue. This would be like the 'circumstances not obtaining' rule for appeals.

Let us know what the IRS say about it if you get that far...