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Awaiting FTT Personal Independence Payment Tribunal Date- client has sadly passed away

joannea
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Welfare Rights Officer, Clwyd Alyn Housing Association

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Hello
I am hoping someone could give me any advice around the above situation, as I have not dealt with this situation before.
The daughter wishes to continue with the appeal, and I am noted with the Tribunal Service as the representative Could anyone advise me of any rules/processes around this please? My client has left no estate, and was in receipt of Guaranteed Pension Credit only.

many thanks in advance

[ Edited: 24 Aug 2016 at 02:00 pm by joannea ]
1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I’ve done a few posthumous appeals over the years and I’ve never had a problem with TS over next of kin continuing with the appeal. I seem to recall we’ve needed to provide copy of grant of probate in the past but I also seem to recall occasions where we’ve not been asked to provide anything other than next of kin’s details.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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If there is no appointee the appeal will be deemed to be abated by the tribunal and the relative or friend simply applies to the dwp to be appointed to carry on the appeal.  It’s a simple formality.  Someone should apply for this before the hearingto save time.

joannea
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Welfare Rights Officer, Clwyd Alyn Housing Association

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Thanks for the advice, much appreciated

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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nevip - 24 August 2016 08:04 PM

If there is no appointee the appeal will be deemed to be abated by the tribunal and the relative or friend simply applies to the dwp to be appointed to carry on the appeal.  It’s a simple formality.  Someone should apply for this before the hearingto save time.

Must say I’ve never experienced it as a simple procedure. Have repeatedly had to explain to DWP staff dealing with appointeeships that it’s a different form; a different reg, and, yes, they can do it and, no, it’s not less urgent because the appellant/claimant has passed away. Have had some which dragged on for months even after all laid out in writing as part of a complaint.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Mike Hughes - 26 August 2016 12:41 PM
nevip - 24 August 2016 08:04 PM

If there is no appointee the appeal will be deemed to be abated by the tribunal and the relative or friend simply applies to the dwp to be appointed to carry on the appeal.  It’s a simple formality.  Someone should apply for this before the hearingto save time.

Must say I’ve never experienced it as a simple procedure. Have repeatedly had to explain to DWP staff dealing with appointeeships that it’s a different form; a different reg, and, yes, they can do it and, no, it’s not less urgent because the appellant/claimant has passed away. Have had some which dragged on for months even after all laid out in writing as part of a complaint.

Maybe my experience has just been fortunate.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Mine too. As I say, it just seems to have been accepted with no bother in the ones I have encountered.

Hadn’t come across one for ages mind. Have one currently (RTR appeal that has already been to one hearing and later set aside). Client had excellent case but has unfortunately died following RTA and there doesn’t appear to be a next of kin (so I fear appeal will lapse).