|
I had a client who applied for pension credit at a time when he was terminally ill. He was entitled to 12 months backdating aswell as he had failed to cliam. He was informed that he would recieve the application for him to verify within 10 days. After we had waited 8 days the form still had not arrived and the clients wife (she has not yet reached pensionable age) contacted me to tell me that her husband had taken a turn for the worst and they had not recieved the pension credit form. I subsequently rang PC to chase the form and asked for a home visit due to the urgency of the situation. They replied stating they had definitely sent the form out and that the client should recieve it in the next couple of days. The clients wife contacted me again 3 days later to tell me that they had still not recieved the form. I then rang PC again and requested a home visit, again explaining the urgency of the circustances, and they informed me that it would be quicker to wait for a duplicate form to be sent out than request a home visit as there was a four week waiting period. The client passed away a few days later. When the form eventually arrived the clients wife checked and signed the form. I enclosed a covering letter explaining the circumstances leading up to the arrival of the claim pack, particularly that the clients did not recieve the first claim pack that was dispatched. I also requested that the claim, signed by the wife, could be processed and any money owed be paid to his wife.
PC have responded by saying that the claim could not be accepted as it needed to be signed by the client and therefore the claim cannot be backdated. They have also stated that they are not responsible for any failure on the part of the postal service in delivering the first form that was dispatched.
Has anyone been successful in arguing that a PC claim form is valid if it is signed by a next of kin even though they did not have power of attorney? Baering in mind the telephone application was made whilst the client was still alive.
|
