Appeal after the claimant died.

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
    Posts
  • #45281
    mthorne
    Participant

    I have a case where the Housing Benefit was refused because the assessor felt it was non commercial. Property owned by son, lived there with wife, wide died, son started to charge rent. Added twist, claimant is unable to deal with affairs so his son/landlord is also his carer for 100 hrs a week -and- has power of attorney over his affairs.(and we also had issues with a permenant address for that son. Claim was origianlly ended as we did not receive replies to requests for information. these were later accepted, the decision reconsidred and decided he was still not entitled to HB on contrived grounds. As this is a different reason  it started the appeal rights off again.

    The last decision was 14.11.12. the claimant passed away on 24.11.12. The son/landlord/poa wants to continue to appeal that decision. Can they? (the 1st letter after the decision sent 21.11.12 was dated 3.1.13)

    #127317
    Chris Robbins
    Participant

    If son had POA, who made the claim? If it was the claimant and there was no request for an appointee then I assume your decisions went to the claimant. If that is so and no appeal made by the claimant the son has no right of appeal even though he had POA.
    If the claim was made by the son on behalf of his father then he also has the right of appeal.

    #127319
    nick dearnley
    Participant

    You have the power to appoint someone to proceed with the appeal – D&A Reg 21 – but it looks quie difficult as it refers to what happens on the death of a party to the appeal*. The difficulty is that until an appeal is made, there are no parties. There is no equivilant (that I can see) in reg 4 allowing a similar thing for revision requests.

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.