Hi.
Client had just received back-dated payment of DLA/IS. This would in normal practice have been ignored for 52 weeks after they were paid. Unfortunately the chap died. His next of kin are applying for a SFFP but have been told the capital will all but remove any help with the costs.
It appears the Social Fund Guide identify capital using IS regs. If this chap had lived his capital would have been ignored. The fact that he’s died and it is now up for grabs by the Social Fund would appear to be grossly unfair.
If he had been paid his DLA/IS at the correct time he would in all likelihood have spent it in the normal course of daily living. The back-dated monies were his only capital, so it would appear that the DWP are in a win – win situation in this case.
I intend to argue that his capital should be ignored (under IS regs)….anyone any thoughts or words of advice for me….?