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R(SB) 18/84
30.3.84
SUPPLEMENTARY BENEFIT
Single Payment-Funeral expenses: "gross value" of estate to be taken into account.
The claimant requested a single payment of £371.73 in respect of the funeral expenses of her late son. The supplementary benefit officer awarded a sum of £124.83, representing the balance of the funeral expenses less the value of the deceased's estate (£216.90) and the death grant (£30). On appeal, the tribunal confirmed the decision. The claimant appealed to a Social Security Commissioner on the grounds that (1) the value of the estate should be its net value after deduction of debts, and (2) there were persons at her appeal hearing to whose presence she would have objected had she known their status.
Held that:
1. the value of the deceased's estate to be deducted for the purpose of regulation 8(3)(a) of the Supplementary Benefit (Single Payments) Regulations 1981 from the funeral expenses for which a single payment may be made is the gross value before deduction of unsecured debts (paragraph 8);
2. the "persons" to whom the claimant referred were the tribunal clerk and a presenting officer undergoing training. Under rule 6(8) of the Supplementary Benefit and Family Income Supplements (Appeals) Rules 1980 the clerk was bound to be present at all hearings, and under rule 6(7) the chairman of the tribunal had jurisdiction to permit the trainee presenting officer to be present (paragraphs 4 and 5).
The appeal was dismissed.
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