Funeral Payments claim

[Indicar]

Hello.

 

My father died two months ago and following on from this my mother made a claim for a DWP funeral expenses payment.

 

Initially the claim was denied as they deemed my mother wasn't in receipt of a qualifying benefit at the material time. She was and had submitted evidence of this benefit with her original application. Following a phone call to the DWP my mother re-submitted evidence of the qualifying benefit by email and the decision was reconsidered.

 

She's received a letter and has been awarded a sum but it is reduced as they've said that there was money in my father's account that could have been used to pay towards funeral expenses. However this sum of money was Direct Payment money that my father received and could only be used in order to pay for his social care. When he died we had instructions from Social Services that we were to use this sum of money to pay any outstanding invoices for care and then return this money to social services. When my mother applied for the funeral payment she attached a copy of a letter from Social Services with these instructions, a copy of my fathers final bank statement and also made a note on the application form that this money in the account was not my father's to do with as he wished.

 

On this basis I have the following questions:

 

1) Does anyone on this forum know enough about the rules to advise whether my mother has solid grounds to appeal this decision?

2) If she were to appeal and fail, would she lose the amount already awarded?

3) My understanding is that as this matter has already been subject to an internal DWP reconsideration process that any further reconsideration would have to be carried out as an independent appeal procedure - is this a formal process? Is it in person? Would we need representation?

 

Any advice would be much appreciated.

 

Thank you in advance.

[honeybee13]

Hello there. I'm sorry to hear about your father. I lost mine this year, I know how it feels.

 

Has your mother spoken to the DWP since they sent that letter? It's possible they've misunderstood something and I would have thought it was worth trying to have a conversation before going for the stress of an appeal.

 

HB

[Indicar]

Hello there. I'm sorry to hear about your father. I lost mine this year, I know how it feels.

 

Has your mother spoken to the DWP since they sent that letter? It's possible they've misunderstood something and I would have thought it was worth trying to have a conversation before going for the stress of an appeal.

 

HB

 

Hi, thank you for the advice - we'll give them a call.

 

Also thank you for the words of sympathy. I hope that you're beginning to come to terms with the loss. I was fairly prepared for the emotional aspect of bereavement (in as much as you can be), but I've really been taken by how physically demanding grief can be. However I am starting to feel a sense of peace and calm which is good.

[honeybee13]

Hello again.

 

I'm pleased that you're moving on, it takes time. I'm going through the same process as you, it's kind of you to ask. Even when they've lived to a ripe old age, I don't think you're ever ready to lose a parent.

 

It's nice that you're helping your mum, I hope you sort this. Come back for advice any time if what I suggested doesn't work.

 

HB

[BankFodder]

I can't imagine that you would lose the amount of money already paid to you – but I suppose you need to doublecheck this.

 

I don't think it's a very nice story and if I were you I would involve your local member of Parliament immediately. I'm sure that your local MP will be quite angry about it and will raise it immediately by letter directly with the DWP.

 

That very often tends to have quite a good effect