Hi, I'm wondering if someone can offer me some advice. I am a welfare benefits officer, quite new to the job and am having a small problem. I have a client, who has completed a mandate authorising me to make any application or claim for benefits, and to make any subsequent application or to appeal a decision for them. (Typical mandate used by other organisations)

However, my LA have now refused to accept an appeal I made on behalf of my client as they have stated that no where in the HB regs does it state a representative can make an application/appeal on behalf of a claimant - who must make the appeal themselves as they are the claimant, and I am not.

I am now at the stage of hitting my head against the wall with them, as they are completely ignoring the mandate and what the client has signed.

Anybody any ideas how I can get them to accept my legal situation as a mandated representative for my client, without having to drag my clients in to sign another letter for their office?

I assume the HB regs covering appeals are the same in other parts of the Empire, but they do differ from other DWP benefits, for some obscure reason, in that............

"The appeal must be signed by the person who has the right to appeal", and

"Be in writing on a form approved for the purpose by the Authority or in such other form (e.g. letter) such as the Authority may accept".

Decisions & Appeals regs 20 (1)

Taken from Zebedee, ward & Lister - 'Guide to Housing & Council tax benefit - 2003/2004 - page 356.

Have a good day...................

Hi Madshaz72, don't worry! I can confirm our LA requires the claimant to sign the appeal letter. I accept that this approach is demanded by the Hb regs but it does cause extra work, such as 1. visit tenant 2. go back to office and do appeal letter 3. go back to tenant again to get their signature ... jim

I'm assuming that your LA is simply writing back to you to state that your appeal has not been validly made and not taking any further action. If that's the case then they need to look at the regulations a little more closely. LAs do not have the authority to determine that an appeal is not valid, only a legally qualified tribunal member can do that.

I'd send the appeal back to the LA with a covering letter reminding them that the question of whether to refuse an appeal is one for TAS and not for them (although they do have the discretion to accept an appeal). It might be useful to remind them of the purpose of this regulation, which is to ensure that the appelant actually understands the decision which has been made and has given their consent to the appeal and not for the benefit of LA staff with jobsworth tendencies.

I suspect you'll find that TAS will have no such problems accepting your clients' appeals.

I might add that we routinely submit appeals with standard mandates and never have any problem with having these accepted by Edinburgh Council.

If HB still refuse to accept the appeal send it directly to TAS for consideration of a full time Chair.