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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Death while waiting for a hearing

Mike S
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IAA/Equal Lives Framingham Pigot

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Joined: 14 August 2015

Hi

I am not sure if this question has arisen before, but my apologies if it has.

Our client submitted a PIP appeal but sadly has died before a hearing has taken place (we are listed as his representative).

He was awarded Std Mob from June 2019 until January 2022 but looking at the paperwork I believe he should have been entitled to Std DL too (he was awarded 6 points by DWP). His nearest relative is wondering whether to proceed and whether it has any chance of proceeding? if so can they use any of the possible favourable award to pay towards his funeral?  As yet I am no sure if he has any outstanding debts (e.g. to HMRC or DWP) but died almost penniless and had no partner or dependents.

Any guidance would be gratefully received.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Don’t see why not. It won’t lapse automatically - There is a representative, and the proceedings aren’t entirely personal to the deceased.
Can’t find the relevant caselaw at the moment though, sorry.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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In the 1999 D&A Regs there is a provision in Reg 34 for the DWP to appoint someone like you to continue with the appeal if the claimant dies before the hearing.  But those regs do not apply to PIP and as far as I can see there is nothing in the 2013 D&A Regs that does the same job.  Will have to look into this, it is possible that the equivalent of Reg 34 is somewhere entirely different.  Charles is the man who usually has the reference at his fingertips - I know he’s around this afternoon so if you are reading Charles ...

PS, wow you lot were quick.  OK, so it’s in the Claims and Payments Regs - course it is, where else would they put something to do with decisions and APPEALS?

Mike S
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IAA/Equal Lives Framingham Pigot

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Thank you all- particularly the bit about Claims and Payments Regs

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Sorry Peter, didn’t see this thread on Friday.

See also Reg 49 of the 2013 D&A Regs.

MM1239
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Advisory Team, Money Matters, Glasgow

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As above…
WE have a similar situation - got family member to take on the appeal nd we continue to represent - wrote to DWP and HMCTS and all proceeding smoothly thus far.