× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Continuing appeal after death of claimant

CharlieK
forum member

Welfare Benefits, Charter Community Housing, Oxfordshire

Send message

Total Posts: 9

Joined: 10 September 2010

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.

Tom H
forum member

Newcastle Welfare Rights Service

Send message

Total Posts: 783

Joined: 23 June 2010

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.

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

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.

CharlieK
forum member

Welfare Benefits, Charter Community Housing, Oxfordshire

Send message

Total Posts: 9

Joined: 10 September 2010

Ok, thanks

So stupid question, how do i go about sorting out appointeeship?

Thanks