Can the executor of an estate make a claim for pension credit from 6.10.03 until the person died on 26.11.03? Pension Service say the claim was not valid as a claim can only be made while the claimant is alive, and there is no reconsideration or right of appeal. The lady was a permanent resident in a care home but she would have benefitted from the additional income and disregards. The form was requested before her death, but didn't arrive until afterwards. Whilst she was alive her daughter had power of attorney, but her husband is the executor and he made the claim. He was initially telephoned by Pension Service and told his claim wasn't valid, and his daughter would have to make the claim. We then wrote advising that powers of attorney cease when the person who granted them dies and it was entireley appropriate that her husband claim. Because of the extended claim period for pension credit, common sense tells me a claim should be possible, but having checked the Regs I can't find anything to confirm it either way. It's been a long day..... does anyone know the answer or able to point me at the relevant legislation?
Many thanks.

Cannnot hope to piont you in the way of any legislation I'm afraid.

However, I am of the opinion that you cannot make a posthumous claim for benefit, you can continue with a review / appeal though, so this issue has been thought through - by whom and when remains a mystery to me.

If you do appeal, either TAS or the DWP (sometimes) send you a special form to sign. In the absence of any other leads, perhaps asking TAS about this might help you to work backwards, as it were, through the question?

A recent Income Support decision in the Adviser contains interesting reasoning on this point - although ultimately of no help to you. CIS/58/2003 stated 'that a person who has merely given notification of intention to claim has not in fact made a claim'.

This thread made me think of something I'd been meaning to ask for a while:

Working with carers and the people they care for as I do, I am occasionally coming across recently bereaved carers who I encourage to claim CA even though the person cared for has now died, if it will increase their entitlement for the initial 8 weeks following the "ending of their caring role". (The automatic 12 week backdating of CA is useful)

Do other advisers do this too?

And had an interesting case where client claimed increase in DLA under special rules, which was rejected, DLA increased after normal 3 month condition, client died shortly after. Considered whether it was possible to pursue the DLA (in light of comments above probably not as challenge not made while claimant alive)while weighing up the fact that this if successful, should then have been recoverable from(and effectively reduce to zero)the funeral payment the widower had meanwhile received. Don't get me started on potential lost entitlement to SDP and EDP!