In a case of a colleague, the DWP notified a claimant of the arrival of Attendance Allowance, but not the authorised representative. This was realised by the rep only 6 months later. For the carer, Carers Allowance section in Preston will now only go back 3 months, leaving a 3 month gap. Anyone got any bright ideas/case law references concerning the rights of reps to be notified etc?

I'm not aware of any statute which would help but what about an ex-gratia payment?

The "Guide for staff on working with customer representatives" at http://www.dwp.gov.uk/advisers/repsguide.pdf states:

"Where a representative is helping a customer with a particular piece of business, and written authority is held to that effect, if the representative asks to be kept informed of progress on the claim, and of decisions made, all possible steps should be take this action, at the same time as the customer is informed. This is particularly important where notifications are computer-generated.".

If the claimant was, on their own, less able to take action (due to literacy, etc. problems) this would clearly help as the correspondence coming with the AA decision usually points out pot. entitlement to CA etc.

Mike

Hi Mike,

Many thanks for this.

Steve

Steve following Mike's point, i remember Rightsnet raised this issue concerning guidance specifically relating to DLA/AA. My memory is hazy so i can't remember if i trawled the following exclusively from the rightsnet info or hybridised stuff using an extract from one of Neil Bateman's proforma's?

anyway you could use the following - TMG Chapter 6 - para 20, Quality Matters Issues - 9/02 - 20/03; 30/04 plus DLA/AA Bulletin 61/03, at least thats what we have on our DLA/AA clients authorisation proforma.

andy

Hi Mike,

Fantastic! Thanks again.

Steve

Three months' worth of CA as an ex-gratia payment is a big ask. Playing devil's advocate, I would expect the DWP to refuse compensation precisely becuase the claimant had a rep. i.e. the rep should take some, if not all, responsibility for keeping in contact with their client.

There was a CD some years ago holding the rep responsible for a claimant not appearing at an appeal hearing as the rep hadn't passed on the notice (or something like that).

Therefore, I would suggest not relying entirely on the guidance about the DWP's responsibilities and find some mitigating factors for the rep not contacting the client sooner.

Hi Tony,

I can't really see any justification for denying the arrears simply because there is a rep, especially when the DWP knew there was a rep, but declined to notify them!

Since my least post, I now understand that the client has alzheimers, a fact the DWP would have known about. I know the condition can vary, but all the more reason to keep the rep involved.

Putting the particular facts of this case aside, do reps have to keep in touch with clients? I would have thought it should be more the other way around (LSC contract requirements notwithstanding).

Steve

If this customer has Alzheimers, why has Appointee action not been taken/considered by the rep?
If an Appointee is not needed at present, if a rep wants to ensure that they are notified of anything, I suggest that the customer/rep asks the relevent DWP office to record on the computer system the reps address as the correpondance address. This should then ensure that all future computer/clerical letters for ALL benefits do go to the rep. The rep then will need to forward any letters/forms to the customer.
In this case, it sounds like the AA section may have recorded the reps details - but only in their system notepad. I don't think that DWP section went out of their way to not to notify the rep, only that it was missed. Everyone makes mistakes. I wish DWP (and everyone else) got everything right the first time- but we don't- and I causes us more work to correct errors!
My suggestion above should avoid mistakes like this happening.
Finally, I tend to agree with Tony (and not just because of where I work) -
Where was the rep for 6 months?;
What verbal/written instructions did the rep give the customer or carer when/if any DWP letters arrived?;
Where was the carer?

"...the client has alzheimers, a fact the DWP would have known about. I know the condition can vary, but all the more reason to keep the rep involved."

...and for the rep to take proper steps in keeping up to date with the progress of the client's case - surely?

I suppose at the end of the day, it's all a question of degree - and to that end, the question is how much of the responsibility should the DWP reasonably accept?

Notwithstanding whether an agency has an LSC contract or not it is merely good practice to periodically check files. They really should not be left dormant for as long as 6 months.

Mick - we have great trouble getting any DWP office to put our address as the correspondence address, if we point out the client cannot manage their letter's etc from DWP we are merely told that the client needs an appointee - however for one reason or another this is not always appropriate.

Requesting a correspondance address for all letters/forms going to a rep- or a someone else(friend/family etc)shouldn't be a problem. It also doesn't have to be forever. For example- someone who can't read and/or write doesn't need an appointee - just someone to read/explain any letters/forms sent.
Where a customer sends a signed letter to DWP stating that they want all correspondence to go to XXX until XXX, there is no reason DWP should not comply. Also, a customer doesn't have to give a reason why they want any letters/forms to go to XXX.

This thread may be of related interest (bear in mind it is specific to HB/CTB).

www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=4083&mesg_id=4083&page=

Regards