hi

need some assistance. i have a client who has a tribunal hearing next week regarding a funeral payment. Basically she is the wife and she made a claim for a funeral payment for her father in law. Her husband did not till later. But first to deal with her claim. She made a claim and was refused as there was a nother immediate family member, which is her brother in law. Now her father in law has been living with her and her partner for 17 years and the brother in law has been living elewhere in the uk, he visited very rarely but when the father died he did not pay the funeral costs, it was her partner that paid the costs. She feels they had to pay them because first of all they have lloked fater the father in law for 17 years and he has lived with them and they have always paid for his living expenses. Secondly, they feel they were responsible not the brother in law. Has anyone one come across any good arguments to argue against the immediate family member argument. All i can think is that we can argue that they have always supported and paid for his livign expenses and he also lived with tem so they felt they were responsible for the costs. But the DWP are arguing that there is another immediate family member and that he was not in receipt of a qualifying benefit. Any excptions to this rule....
thanks
salma

sorry guys forgot to mention that the DWP are stating that the brother in law (the other immediate family member) is not estranged.

thanks