I have a Clt who although separated from his wife for many years nevertheless he nursed her through terminal illness and had always kept in close contact, both lived at different addresses and claimed benefits as single people. Wife died October, Clt applied for Funeral Payment in November, was refused first on grounds that he wasn't on a qualifying benefit (he was, Bureau got that sorted) then refused again because a relative (their 19 year old son who lived with mother) was in closer contact. Although the son is on JSA and Clt thinks all his other children are on qualifying benefits the 19 year old, if he made a claim now would be caught out by the three months rule. Any thoughts?

Hi

Having a quiet period so looking at discussions, So thought I would have a look and see if there is anything I could try and help with.

I have looked this up and unfortunately there does not seem to be anything that can be done regarding the son not claiming on time.

But:

I note you did say the original claim was turned down due to an error on their part, how long did this take to sort out?

And:

Why did they not also inform the claimant on the first refusal that there was a closer relative. If they had would the son have been in time to make the claim? If yes make a formal complaint etc, and ask for compensation to the amount of the funeral. May be worth ago.

All the best Kim

They seem to have got this backwards. They should look first to see if there are any other close relatives. If so they should then ask if any of them are not on a qualifying benefit. If they are all on qualifying benefits then it stops there. The nature of the contact does not come into it. A late appeal against the refusal would seem appropriate here.

Not sure I agree with nevip on this one. I think if the ex partner is claiming as a close friend then you must compare the claimant's contact with that of the close relatives (ie the sons). If there is a close relative in closer contact then the claimant will not get the payment - See CPAG page 553.

Is there no way of arguing that the ex partner was in closer or at least equal contact with the deceased?

My apologies. Jon is right, I was forgetting that the couple were separated.

Regards
Paul

Furthermore, if they were partners the close relative thingy wouldn't apply anyway. Take no notice of me, I'm having one of those days. Cheers Jon.

Paul

"Ex-partner was...at least equal contact with deceased" that's what we have argued in our letter of appeal. No response yet, will keep you posted. Thanks All for replying.

Heard from Client today, decision has been revised following our letter of appeal (hurray! no need to go to TAS)funeral payment £2,508.00 awarded on grounds that it was resonable for him to take responsiblity for the funeral arrangments and he was at least in equal contact with the deceased as his 18 year old son. This has made my day )