Typically, a represented client will either complete the form together with the representative or the representative will complete the form on behalf of the client.
Where the nature of the representative permissions are unclear, delegates should discuss this with the nominated representative and ask them to provide clarification.
Can the representative proceed where the client has signed a representative authorisation, but only the person who they have appointed as their representative has signed the applicable claim form itself? For example Is there a ‘proper claim’ if only the nominated representative signs the claim form?
This can be permissible depending on the type of claim submitted and whether the client had physical capacity to personally sign the claim form.
Non-liability health care claims, and veteran recognition applications
There are no legislative requirements for a client to personally sign certain sections of a claim or application form.
The key consideration for non-liability health care claims and veteran recognition applications is that there is sufficient evidence on which the delegate can be reasonably satisfied that the client has, in fact, appointed the nominated representative to act on the client’s behalf.
A nominated representative may make these claims without the client’s signature.
It does not matter whether the client had physical capacity to personally sign a form.
As a practical matter of proof the delegate will need to be satisfied, on the balance of probabilities, that the claimant appointed the representative to make the specific claim or application on their behalf.
Liability and compensation claims
Liability and compensation claims under the VEA, MRCA and DRCA are subject to statutory form requirements in order to be accepted as ‘proper claims’ which can proceed to investigation, consideration and determination.
- A nominated representative may only make a claim on the client’s behalf, without the client’s signature, if the client did not have physical capacity to personally sign the relevant claim form.
The delegate would need to be satisfied that there is sufficient evidence to establish, on the balance of probabilities, that the claimant:
(a) lacked physical capacity to sign the claim form; and
(b) appointed the representative to make the specific claim on their behalf.
2. In circumstances where a client had the physical capacity to sign a liability or compensation claim form, but did not do so, there would not be a proper claim.
This includes circumstances in which a claimant has signed a separate document to the claim form, in which they have attested to their appointment of the relevant third party as their representative in relation to the claim, such as:
- completing the ‘authority to act’ section of form D9325; or
- signing any other document, such as a letter or a standard form created by an ESO for that organisation’s administrative purposes in assisting and representing clients.
DVA Forms
D2051, D2020 & D2582 – The authorisation provided on these claim forms supports that the representative arrangement is limited to the specific claim type lodged.
‘I authorise the Nominated Representative … to represent me in respect of this claim and any review of a decision relating to this claim.’
- SRCA & MRCA - Where the client indicates an intention to seek benefits following liability by ticking the relevant box (e.g. Permanent Impairment, Incapacity) on the claim form, the representation will continue beyond the IL decision to include the ongoing entitlement assessments (including Needs Assessments).
- VEA – The authority exists for the duration of the combined IL and pension assessment and determination, including any review of the decision.
If the client has not indicated that they are seeking benefits following liability being accepted, the authority ceases at the time of the liability determination or any review of the decision.
D9325 – This form relates to entitlements that are managed by Income Support and should not be used by compensation staff for liability and compensation claims.
Digital signatures and official stamps
It is not mandatory for organisations to use the ‘Official Stamp’ box when executing documents.
An official stamp is the equivalent of an organisation’s signature. By signing the box immediately above, the organisation’s representative is accepting the responsibilities and obligations of the arrangement as listed on the form.
Further resources
For further information, refer to:
- DVA train by entering ‘Dealing with Advocates and Representatives’ into the search field.