Discussion archive

Top Decision Making and Appeals topic #2705

Subject: "Authority to act in Commissioner's appeal" First topic | Last topic
paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

Authority to act in Commissioner's appeal
Wed 16-Apr-08 08:31 AM

Some years ago, as the computer age began to take hold, we heard of a future of paperless offices. Oh dear, how wrong that prophecy was. This morning I took a telephone call from Tribunal Service in Liverpool. For the past; well I'm not sure how many years, but it has been a few, I simply applied to TAS or TTS for leave to appeal to a Commissioner relying on the written authority I gained as representative at whatever appeal I had helped with. Now, however, I am told that a new piece of paper with specific authority to act in an appeal to a Commissioner is necessary. What with the reams and reams of paper demanded by the Legal Services Commission in their quality mark with letter after interminable letter to confirm the simplest of things. Phh!!! Paperless office indeed.

Was I wrong to be suprised about this change by TAS? Has it been written down somehwere and everyone noticed it but me? Anyway, the information is here for those not already aware of it. Thank you.

  

Top      

Replies to this topic
RE: Authority to act in Commissioner's appeal, nevip, 16th Apr 2008, #1
RE: Authority to act in Commissioner's appeal, paddyhill, 16th Apr 2008, #2
      RE: Authority to act in Commissioner's appeal, bensup, 16th Apr 2008, #3
           RE: Authority to act in Commissioner's appeal, northwiltshire, 16th Apr 2008, #4
                RE: Authority to act in Commissioner's appeal, paddyhill, 16th Apr 2008, #5
                     RE: Authority to act in Commissioner's appeal, Derbyshire, 18th Apr 2008, #6
                          RE: Authority to act in Commissioner's appeal, nevip, 18th Apr 2008, #7
                               RE: Authority to act in Commissioner's appeal, paddyhill, 18th Apr 2008, #8
                                    RE: Authority to act in Commissioner's appeal, mike shermer, 18th Apr 2008, #9
                                    RE: Authority to act in Commissioner's appeal, nevip, 18th Apr 2008, #10
                                         RE: Authority to act in Commissioner's appeal, paddyhill, 18th Apr 2008, #11
                                              RE: Authority to act in Commissioner's appeal, mike shermer, 18th Apr 2008, #12
                                                   RE: Authority to act in Commissioner's appeal, nevip, 18th Apr 2008, #13
                                                   RE: Authority to act in Commissioner's appeal, paddyhill, 18th Apr 2008, #16
                                                   RE: Authority to act in Commissioner's appeal, paddyhill, 18th Apr 2008, #14
                                                        RE: Authority to act in Commissioner's appeal, nevip, 18th Apr 2008, #15

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Authority to act in Commissioner's appeal
Wed 16-Apr-08 09:02 AM

Hi Paddy

Its been that way for several years now. Apparently the commissioners were getting LTA applications from reps which the claimants knew nothing about.

Regards
Paul

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Wed 16-Apr-08 09:42 AM

I take your point but I just put our normal office standard authority with the initial letter for leave to appeal to TAS or attached it to the OSSC1 if leave to appeal was heading that way. This no longer allowable and seperate implicit authority now is required. Thank you.

  

Top      

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Authority to act in Commissioner's appeal
Wed 16-Apr-08 11:45 AM

By completing an OSSC1 and the client signing in the correct places, gives implicit consent for whoever is named as rep on that form to act in the appeal to the Commissioner.

  

Top      

northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: Authority to act in Commissioner's appeal
Wed 16-Apr-08 12:03 PM

There was a CD a few years back and it stated you need confirmation/ autherisation dated post the original appeal to prove that the appellant had consented to take the appeal to the higher level,and therefore prevent cases being taken by the Rep without consultation or permission from the appellant.

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Wed 16-Apr-08 01:13 PM

Well I'll be blown! It seems that the Tribunal Service, the Commissioners' office and I have been doing things wrong for some time now. Never mind, I've just produced an authority that seems to cover all the bases. Thank you everyone.

  

Top      

Derbyshire
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
25th May 2005

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 10:57 AM

If you have been doing it wrong then so have I, Paddy. I have simply signed the form with (representative) after my name and no-one has minded for years.

Are you telling us that this golden age is now over?

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 11:07 AM

It doesn't really matter what kind of authority is used or even if the wording is not that precise (I use the same pro-forma authority for all agency actions; to the commissioners I use the same phrase as to the DWP, namely "my DLA appeal"), the crucial thing is that it is dated after the tribunal hearing. And I simply get my client to sign a spare FOA at first appointment to save wasting time later should the need arise.

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 12:29 PM

Alas the golden years are indeed gone and have been replaced by the grey years; for me anyway. On the initital telephone call from the tribunal service we looked at out standard authority and that does mention commissioners' appeals. But nevip I think hits the nail on the head when s/he says the date of whatever authority is used should post date the tribunal hearing.

  

Top      

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 12:42 PM



Well, if there was a CD a few years ago, then it only goes to show how long these things take to filter gently down ......

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 12:49 PM

I was a boy last time I looked.Lol!

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:18 PM

No offence meant; I hope none taken. If we have met I'm afraid that the ever advancing and unstopable years have taken their toll on the old memory and I am embarrassed to admit that I do not remember the event.

And while we're on the subject, I've seen this 'Lol' a few times but am lost for its meaning. Can someone clarify please? Thank you.

  

Top      

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:22 PM



Paddy

It's one of those young persons things - you know -street talk & all that ........

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:26 PM

Paddy

It means laughing out loud and it is computer chat speak. I picked it up some time ago while looking over someone's shoulder. I threw it in to show that I was in no way offended and was having a joke with you.

Regards
Paul

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:30 PM

Thank you for the clarification. I'm sure I never thought you would be offended but one has to be careful these days. Maybe we'll meet one day should you get to a NAWRA meeting somewhere.

  

Top      

paddyhill
                              

Welfare Rights Officer, Bolton Welfare Rights Service
Member since
23rd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:26 PM

Yes I thought that but what does it mean? There is some disagreement here. One suggestion is Lots of Love and the other is Laughs out loud. If one was to spend some thought on it, I'm sure there would be many many different meanings. Thank you and may your weekend be good one.

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Authority to act in Commissioner's appeal
Fri 18-Apr-08 03:30 PM

Same to you. And now I'm off for a pint.

  

Top      

Top Decision Making and Appeals topic #2705First topic | Last topic