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Top Other benefits topic #945

Subject: "Funeral grant appeal conundrum" First topic | Last topic
stevegale
                              

Co-ordinator, Disability Information Service (Torbay)
Member since
03rd Feb 2004

Funeral grant appeal conundrum
Thu 17-Aug-06 09:19 PM

Man applies for funeral grant for his sister's burial as he believes (unfortunately) that as eldest of the siblings he should take responsibility. Man does not take advice prior to making said arrangements, as had previously been succesful with grant for late parent and thought process was simple.

All usual criteria are met, except man is refused under the "closer relative who is not getting a qualifying benefit and who was in closer contact with the deceased than you were before the death" clause.

Man comes to us for advice. Snag! All the siblings (6 of them) have spent a lifetime not talking to each other. The "closer" relative (a brother) tells man to ****** off and will not disclose anything about his personal circumstances/relationship with dead sister and certainly won't be helping with costs.

The deceased sister, who had mild learning difficulties, allegedly never let anyone into the house - not even our man. Her bank account discloses only £250, so will go some way, but not enough. Result: Upset man, very upset funeral director, me with strange headache.

Not had DWP submission yet, but how can DWP prove evidence of closer contact with deceased when the key person is dead? Is this a standard tactic? Does not seem to be much case law on subject, so all ideas gratefully received!

  

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Replies to this topic
RE: Funeral grant appeal conundrum, Martin_Williams, 22nd Aug 2006, #1
RE: Funeral grant appeal conundrum, nevip, 22nd Aug 2006, #2
      RE: Funeral grant appeal conundrum, stevegale, 23rd Aug 2006, #3

Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: Funeral grant appeal conundrum
Tue 22-Aug-06 10:29 AM

Have you read through the House of Lords decision in Kerr?

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Funeral grant appeal conundrum
Tue 22-Aug-06 11:20 AM

You really need to wait for the appeal bundle and see what, if any, evidence the DWP have for the alleged closer contact.

  

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stevegale
                              

Co-ordinator, Disability Information Service (Torbay)
Member since
03rd Feb 2004

RE: Funeral grant appeal conundrum
Wed 23-Aug-06 07:59 PM

Thanks Martin for signposting to the excellent Kerr case. Nice to know the Law Lords have had to apply their minds to the same problem. Just need DWP submission now. Feel much more confident of success!

Steve

  

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