Have a bit of an unusual scenario, and would appreciate any views or suggestions. Has anyone else dealt with anything similar?

My client has just been awarded DLA middle rate care comp. (by tribunal) from 7/03. She was living with her partner who was also on mrc. They separated in 7/04, and have each been claiming PC as single people since then. Therefore from 7/03 -7/04 there would have been an entitlement to double sdp on their joint PC claim. This claim was in his name. This scenario raises the following issues:

1) Given the joint claim was in my client's ex partner's name, presumably any request for revision of the claim would need to be made by him. My client would have a 'moral' right to half the arrears, but would she have a legal right? I suspect that she would not. What about if the revision letter from the ex partner specifically asked the Pension Service to pay half of the arrears to my client?

2) I also have a nagging worry about whether or not it is possible to ask for revision of a claim which has now ceased.

Many Thanks

Sara

The client could give the Pensions People the information that would make them do the revision. I suppose if they refused to revise then the notification (and appeal rights) would go to the ex-partner.

Reg 34 of Claims and Payments Regs 1987 gives the Secretary of State a discretion to pay some other person than the claimant if it appears "to be necessary for protecting the interests of the beneficiary, or any child or dependent in respect of whom benefit is payable".

Although not currently a dependent of the claimant, your client was a dependent for the period in respect of which the arrears will be payable. I think, therefore, that your client could explain the situation to the DWP and ask that their share of the payment be paid separately direct to them.

Sorry forgot.....

On the subject of the claim having ceased- has it really? Perhaps it is the same claim but simply superseded to remove the amount for your client?