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Attendance Allowance (Special Rules) not in payment prior to death

ejm
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Community palliative care team - Rowcroft Hospice

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Total Posts: 17

Joined: 5 April 2019

Query_ terminally ill patient - DS1500 submitted and AA forms requested. However, patient died before the forms arrived - may have been eligible for 4 weeks of AA.
Can this be paid to his estate - is there a case to chase this up.
Many thanks

Elliot Kent
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Shelter

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Joined: 14 July 2014

Yes, the arrears can be secured in the following way:

(1) Someone (most obviously the next of kin) needs to seek an appointment by the SSWP to deal with the deceased’s benefit affairs. This must be done within six months of the death.

(2) Once appointed, they can make the claim within six months of their appointment and it will be treated as though it were made on the date of death (and then treated as though it were made on the date on which the DWP were phoned up to ask for the form).

(3) The family get their £350

The relevant regulations are reg 30(1), (5) and (7) and 6(8) of the Claims and Payment Regulations 1987 and see also DMG 02450 onward.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804837/dmgch02.pdf

(It would probably have been better if the claim had been made there and then by printing off the claim form and posting it off rather than phoning up for one. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771024/aa1-print-claim-form.pdf )

ejm
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Community palliative care team - Rowcroft Hospice

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Total Posts: 17

Joined: 5 April 2019

Many thanks. Not always practical re:printing on a home visit but I take Yr point. Thanks again