Can a representative withdraw an appeal after a claimants death ?

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  • #284832
    Julie whiston
    Participant

    Hi

    I am hoping that someone will be able to help me resolve an ongoing quandary.

    A claimant lodged their appeal and sadly died before it had been forwarded to the Tribunal. We have approached both the claimants executors and the claimants representative with a view to appointing them to continue with the appeal on behalf the deceased but they have both declined to be appointed.

    The substance appeal was related to a savings credit decision where the Pensions service had determined that the customer had over £16,000 in capital. The customers mandatory reconsideration was turned down by the Pensions Service and I do not believe any appeal was lodged against the pension service decision before the customer sadly died..

    Therefore the claimants representative, who held that status at the time of the claimants death, now accepts that based on the Pension credit decision the HB decision was correct.

    Can the claimants representative at the time of death withdraw the appeal on behalf of their client after their client has died?

    Or do we have to continue to try to find someone else to appoint to continue with the late claimants appeal in order that the Tribunal can hear the appeal?

    If we simply cannot find someone to continue with the appeal of the deceased could we apply to have the deceased claimants appeal struck out by the Tribunal instead ?

    Either On the grounds of no reasonable prospects for success due to the Pension Service decision , or alternatively unusually try to argue that the Tribunal does not now have the jurisdiction to hear the appeal as the appellant has died and no one will agree to be appointed by the Local Authority to continue with the appeal on behalf of the deceased.

    Has anyone else been in this position before, if so what did they do?

    #284835
    peterdelamothe
    Keymaster

    I do not see why not. A rep can act in any capacity you accept and they were the rep before the claimant passed. There is now new information as you have said. The matter is fully documented. So write to the Tribunal with the withdrawal. That’s it.

    No right for anyone to apply to the UT incidentally. Not after death.

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