I broadly agree with most of the above. However, a couple of observations.
Claiming / signatures: Nevip is quite right; a signature is not a legal requirement in the DIRECT sense. However, it could be argued that it is a reasonable requirement as part of the completion of a claim form. As such, the absence of a signature *could* result in the LA deciding the claim is defective. In any case, the LA is entitled to be satisfied the claim has actually been made by THE CLAIMANT; not a third party (subject to "appointee" status).
Appointee status: In the circumstances described, I would be VERY wary about seeking formal appointee status. If that was to occur, the appointee would have full responsibility for the claim etc. There are two concerns I would have:
1) backdating would depend on the actions of a third party; not the clmt. Based on the info given, the health of the clmt is such that any claim for backdating is more or less a slam-dunk in terms of "good cause". BUT, if there was a formal appointee, "good cause" would be attributable to the appointee - potentially making it a much harder hurdle to cross.
2) subsequent overpayments: The clmt's health means it would be harder for a LA to argue recoverability in the event of LA error O/Ps - so long as there was not an appointee. From the flip side, would a Support Worker really want to leave themselves open to the possibility of being a target for o/p recovery?
One possibility *may* be for a 3rd party to apply for appointee status purely to get a claim made and to then immediately relinquish "appointee" status (4 weeks notice needed). When completing the form, the "appointee" would be well advised to amend the declaration and/or clearly state that the answers given are based on the the information and evidence available AND that it is correct "..TO THE BEST OF MY KNOWLEDGE...".
I regularly advise any 3rd party assisting with form completion to ensure that phrase exists and, where not appointees, to sign the "form completed by" section with the additional words "strictly as a scribe".
|