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Top Housing Benefit & Council Tax Benefit topic #877

Subject: "Death, appeals and appointees" First topic | Last topic
chrissmith
                              

HB Help - Housing Benefit Consultancy, Lewes
Member since
22nd Jan 2004

Death, appeals and appointees
Thu 28-Oct-04 03:07 PM

If a claimant dies can the appointee appeal a decision on benefit entitlement for a period before the death, or does the appointeeship (or at least the right of appeal) lapse on death?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Death, appeals and appointees
Thu 28-Oct-04 03:37 PM

This answers assumes no appeal was made prior to the clmt's death.

In my view, there is no provision in the HB/CTB DARs allowing an appeal to be made once a clmt has died. If an appeal had been made (by the clmt) prior to his death, then the LA has the power to appoint a third party to proceed with the appeal - I have dealt with such cases.

However, there have been some interesting contributions on "death" threads before about the power (or otherwise) that an estate may hold on behalf of the deceased. However, to date (& in the context of not being a lawyer), I'm not yet convinced by any of the arguments in relation to HB/CTB in terms of allowing a continuation of rights in the context of appeals.

Regards

  

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Top Housing Benefit & Council Tax Benefit topic #877First topic | Last topic