My client's partner of 30 years died in March 2007. Before his death he had been in receipt of Income Support and he claimed for my client as his partner. Both partners were disabled and incapable of work.

My client informed the DWP of her partner's death as soon as she was able to deal with her affairs, it was a few days after his death (she can't remember exactly, being very distressed at the time). She came to me having been turned down for bereavement benefits as they were not married and I helped her claim IS in her own right, funeral payments etc. However there is a period of about 7-10 days when my client cannot get IS as payment was made to her deceased partner including payment for her into his sole bank account (to which she has no access)

I suggested to the DWP that they recover this as an overpayment from the bank so that my client can make a backdated claim for this period but was told that there was nothing they could do - my client had been paid for this period even though the payment was not accessible to her.

I would be grateful for any advice

did deceased leave a will? and is client the beneficiary? as if so, she will get the money that way, once probate has been obtained.

but i think from your post your client can't be a beneficiary even if there is a will....

there must be an overpayment in relatio to the deceased on the assumption that IS was paid into his bank account for a period after his death. in which case the DWP should be asking for it back from the executors/estate....

clarify?