Appointees

I am currently helping a client whose mother is his appointee.  In July he failed to attend an ESA medical, as he needs accompanying whenever he goes out and his mother was ill and unable to take him.  The DWP accept that he could not have attended alone, but say that as his mother was his appointee she has to show good cause why she could not attend, why she did not ring in time to cancel the appointment and why she did not arrange for some one else to attend with him.  Although they have been informed that she was too ill to attend or to telephone, they are saying without medical evidence of HER health they will not accept good cause.

I’ve been trying to find guidance, legislation or case law on what responsibilities an appointee has - as it seems perverse that my client has been found fit for work in these circumstances, but everything that I’ve found so far is a bit woolly.  Can anyone point me in the right direction?

Thanks in advance

Hi,

The regulations are reg 33 of the SS (claims & Payments) regs 1987 - but I don’t think you’ll find anything there to help you.

The DWP guidance is here https://www.gov.uk/government/publications/procedures-for-dealing-with-agents-appointees-attorneys-deputies-and-third-parties .

A possible argument is that you have to show good cause for failing to “attend or submit to an examination” , not good cause for failing to ring up and rearrange it?

Regarding the appointee’s health and proof, I don’t think there is any rule about that - it just depends on the circumstances. I’d feel that it was reasonable for her to provide information about her ill health to explain why she failed to ring up - but if they are asking for a sick note / new GP letter etc that may be OTT.

There is some case law about appointees, but much of it is about who overpayments are recoverable from and the validity of claims etc.

Jane

The only get out clause is whether she was appointee at that time.

Mike Hughes - 12 December 2016 04:18 PM

The only get out clause is whether she was appointee at that time.

I’ve had clients who have successfully appealed these good cause decisions where there is an appointee.

Ditto. Two circumstances:

1 - tribunal clueless on the application of appointeeship legislation and caselaw.
2 - the appointee had a case anyway. There’s some interesting caselaw about how little appointees actually get told about their rights and responsibilities.

Hi Mike

Do you have the case references for any of the caselaw?

Thanks

Lots of stuff I used dating back to Supp Ben. and early days of IS. Will have a dig around but may have to be early next week.

Previous thread may be of interest, discussing how DWP often don’t follow their own guidance on issuing appointee certificates etc:
http://www.rightsnet.org.uk/forums/viewthread/10070/