Client came in today after claiming funeral payment for her mum which has proceeded to appeal. Her dad didn't claim as they were incorrectly advised by the Funeral Director who'd obviously decided to multi task - he'd given his own welfare advice after asking if dad had to pay all his rent/council tax (I realise he'll justify this by saying he was simply querying qualifying benefits). When told yes dad had to pay the lot he told daughter he wouldn't be entitled and told my client to make a claim instead as she'd be awarded this as she was on IS.

At the time dad didn't have any QB but two weeks later when he was assessed on his own he became entitled.

Problem is dad is now one week too late to make a claim and I as far as I can see there's no provision in the regs for late claims.
However client tells me that when they helped dad fill in forms after mum had died they ticked a box to say he wanted to claim funeral payments. I don't know what form this was and am guessing it was a registration of death form for the DWP which asks if they want to claim bereavement benefits. I explained BB to client but understandably and quite reasonably the family assumed bereavement benefits were any benefits relating to mum's death. This is the only very tenuous link that he indicated his intention to claim the funeral payment.

As far as my client's (the daughter) appeal I'm clutching at straws and wonder whether it is reasonable for her to be responsible for the funeral as dad is not capable of dealing with anything at all and asks the family's help to deal with everything and anything.

I'm about to write to the funeral director with a metaphorical slap on the wrist and explain that because of his incorrect advice he'll have to accept nominal payments to reduce the account. If it was me I'd let the bugger sue me.

Have you contacted the funeral payemnts people to check? I have come across a case where there was a similar problem and at appeal it emerged that a claim or intention to claim at least was notified by the person who would actually qualify as well as by the person who definitely didn't. Luckily there was a PO for a change and they were sent off by the Chairman on an adjournment to look into it in detail and the upshot was the appeal was withdrawn because the right person got the payment in the intervening period. Your facts may not be as clear-cut but it has to be worth a try.

Thanks Ariadne, I've contacted funeral payments to no avail. As far as dad's (husband of deceased) claim it's all very vague about the form which he says had a tick box for funeral expenses. The only one I know of (as I was told by the SF) is the registration of death whch has a tick box for bereavement benefits. I'm going to have to write to Pension Service to ask them what it could have been. If it is only BB I feel this should have alerted them to the fact that he intended to claim the FE.

As a back-up and to run parallel I've been looking to see if there's anything I can rely on whereby it's reasonable for daughter to claim because of dad not being very capable because amongst other things he was far too distressed (57 years marriage).