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Personal Independece Payment process and death

National Debtline
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Information department - National Debtline, Birmingham

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Total Posts: 25

Joined: 23 June 2010

I recently made a claim for PIP for my client who had a diagnosis of cancer however it was not classified as terminal.  so I did not apply under the special rules. He had also had his spleen removed.

I made this claim in November 2023. I requested that due to my client’s health issues that he be assessed on paper, and I sent lots of factual evidence surrounding the support required daily due to his health issues.

However, Capita contacted my client, and he was he was sent an assessment date for a telephone appointment that he was unable to attend due to being hospitalized due to COVID and a further diagnosis of tumor lysis syndrome.

I wrote to Capita and explained that my client was very ill and again requested that he be assessed on paper. I have not had a response from Capita and my client sadly passed away yesterday.

My question is whether we can request that the claim continue retrospectively and if successful will the back payment be passed to next of kin?

II hope this makes sence.

Mary

Elliot Kent
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Shelter

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Joined: 14 July 2014

Yes, the DWP can appoint someone to deal with the claim following the claimant’s death under reg 56 of the Claims and Payment Regulations. Usually this would be whoever is acting as personal representative of the estate.

The payment of any arrears would be an asset of the estate so would go to meeting funeral expenses and debts in the first instance.

The family would need to form a view on whether it is worth pursuing the issue.

National Debtline
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Information department - National Debtline, Birmingham

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Total Posts: 25

Joined: 23 June 2010

Thank you Elliot!!