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Continuing appeal after death of claimant
I have a tricky one i dont know the answer to.
I have been assisting an elderly lady with a Pension Credit appeal for a while now. Finally got the PS to co-operate and now sadly claimant has passed away. I was mostly dealing with her son and he wants to continue with appeal.
Appeal was over level of capital which we believe the PS wrongly calculated, this had the effect of stoppig her HB/CTB for 6 months because they determined her capital was over £16k when her son believes it was less.
My question is, i am at the stage where we can go to Tribunal, can this continue now she has passed away?
Thanks for your help.
He would have to apply to be appointed by the SOS under Reg 30(1) Claims and Payments Regs 1987 to proceed with the appeal following the death of the claimant. Once appointed his right of appeal is by virtue of Reg 25(ai) Decisions and Appeals Reg 1999.
There’s not usually a problem in being so appointed. I’ve repped at quite a few posthumous appeals where appeal has continued on this basis.
Ok, thanks
So stupid question, how do i go about sorting out appointeeship?
Thanks