Hi. I need some help. My client is a young mother with mental health problems. Her partner died in March, which sent her into a very deep- depression. She managed to arrange the funeral, with help from his family, but could not face applying for the grant. She cancelled several appointments because she just couldn't face it. I told her she had 3 months to claim and it would be o.k. to leave it til the end of this period.Unfortunately I went sick and her appointment had to be cancelled. On my return to work we completed the form but it went in 4 days late. Funeral grant has been refused, as has an application for a CCG. She is on income support and can't pay for the funeral and is at her wits end. Any ideas?

To be honest, I don't think there's anything else to be done benefit-wise (apart from review/SFI review of CCG decision maybe?) Certainly can't see any way around the absolute time limits. You could try approaching local charities for assistance.

Was there no-one else at your office who could have helped to get it in, or was there no time to do any delegation? My legal antennae are twitching on your organisaion's behalf, in case she might have a claim in negligence.

Is the bill within the amount a grant would have covered? She would be liable for any excess.

Is the funeral director understanding and willing to be paid in instalments?

I presume that the person who died didn't leave anything that could be used to pay for the funeral, because I don't think you'd be asking.

Charities was where I'd got to, and it's always woth looking into any employemnt history of either of them, as the trade benevolent associations may be particularly sympathetic. They tend to have more money than they know what to do with.

Legal Antennae? please advise where I can purchase one of these, they sound very useful! I tend to rely on my sense of smell in detecting rats, and indeed fish, both of the legal variety. I think an antennae would be the more modern method!

In respect of negligence there is a possibility here, but its not clear cut. On the one hand, the adviser did advise about the deadline and in most circumstances that is enough. However, the clients mental health problems increased the duty of care (IMHO) and so despite the fact the client was upset, the advise to leave it until the last minute may not have been too wise, but I doubt that would amount to negligence. The key issue is what happened just before the deadline had expired. Had the organisation agreed to help client with the application before the deadline and this was only delayed by the advisers illness? If so there could well be a valid claim, especially if the client had been given the impression that the organisation would deal with it for her. If, however the previous appointments had been cancelled by the client and the organistiaon had not accepted any instructions to directly assisst her with the application then there is no negligence. No instructions (even if that was because the adviser was away) = no duty of care = no negligence.

Were there any postal strikes or other postal delays at around the time of the form arriving in the Department's Office?.

Hi guys

Thanks for your input.
We are a very small unit and had no other staff who could help. I try very hard not to ever be ill as it tends to let people down!
Can't blame the post as the application was completed after the deadline. I think our only hope now is charity!

Hi again,

I've had another thought on this one. Could I submit that the date the form was requested was the date of claim? Completion of the SF200 should then be made within one month, or such time as deemed reasonable, allowing our 'good cause' for the delay.
I have a feeling that there is caselaw along similar lines (verbal initial claim)?

Thoughts please.

I don't see why not. The Regulated Social Fund is covered by the provisions of the Claims and Payments Regs.