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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Continuing a PIP appeal when appellant has died

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Joined: 17 April 2019

Can anyone advise what happens in these circumstances? My understanding is that the appeal needs to be continued by the next of kin but the appellant was not married to his partner (so she isn’t automatically next of kin). HMCTS advised that DWP should have been in touch, but as far as I know that hasn’t happened. I’d be very grateful for any info, including a steer on how best to get in touch with DWP about next of kin determination for the appeal.

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

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Appointeeship after death.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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It doesn’t need to be next of kin, just someone that the SoS deems fit:
http://www.legislation.gov.uk/uksi/2013/380/regulation/56/made

There have been some previous threads about this, e.g.:
https://www.rightsnet.org.uk/forums/viewthread/12191/

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Thanks both, gives me an idea of the way forward for Friday. If there’s any issues with appointeeship, the Reg about children under 16 should help, as they do have a child together.