HC Deb 20 December 1935 vol 307 cc2151-3W

asked the Financial Secretary to the Treasury whether he is aware, that under some recent local Acts, which provide for payment by a local authority without production of probate, of a sum not exceeding £100 due to a deceased employé on account of wages, superannuation, or otherwise, the local authority is obliged on receipt of notice in writing of any claim of a creditor of the deceased employé within one month from the employé's death, to retain the amount due to the employé or a sum sufficient to satisfy the claim, until it has been satisfied, disproved, or withdrawn; and whether, in view of the probable delay in payment to the deceased's representatives and the difficulty for local authorities in satisfying themselves regarding claims, he will consider the insertion in future cases of better provision for this matter?


The legislation in question is designed to give local authorities a reasonable discretion as to the distribution of small amounts in their hands due to deceased employés without depriving other persons of their legal rights. The object of the special provision as to claims of creditors is to compensate creditors for the loss of their rights against the legal personal representative of the deceased, whose discharge would be necessary to protect the local authority if they had no statutory authority to pay without it. I regret that I cannot suggest a better method of making the desired provision.