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Top Housing Benefit & Council Tax Benefit topic #2749

Subject: "failure to respect appointeeship" First topic | Last topic
sarc
                              

welfare rights, Southampton Advice and Representation Centre
Member since
22nd Jan 2004

failure to respect appointeeship
Tue 24-Jan-06 02:20 PM

My client is the appointee for her severely mentally ill son. However, in spite of numerous complaints each time followed by reassurances that it won't happen again, the LA keeps addressing corrospondence to the son. This causes him extreme distreess and anxiety, and there is a risk that he will dispose of the letter and my client will be unaware. Has anyone else had this sort of trouble? Might a complaint/threat of complaint to the ombudsman be appropriate?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: failure to respect appointeeship
Tue 24-Jan-06 02:47 PM

The following assumes the problem relates to specifically to HB/CTB.

Just a note of caution. Is your client an "appointee" as defined in HBR 71 (& the CTBR equivalent)? Or are any of the other HBR 71 provisions satisfied?

If the answer to the above is no, then the LA are legally correct to continue notifying her son.

If however your client has been made an appointee by the LA under HBR 71, then a complaint would seem to be wholly reasonable based on the info given.

A further note of caution - there are, potentially, significant cons to being an appointee. Being an appointee means your client assumes all of the rights and duties of the clmt - that may limit any mitigation in backdate or overpayment situations.

Hope the above helps.

  

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Top Housing Benefit & Council Tax Benefit topic #2749First topic | Last topic