Getting someone to manage your child maintenance case
Updated 30 June 2014
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What is a ‘client representative’?
We can allow someone else to deal with your Child Maintenance Service case for you.
The person who does this is called a ‘client representative’.
In most cases, you have to give your written permission for someone to be your client representative.
However, this does not apply if your chosen client representative has ‘power of attorney’ giving them authority to look after your financial affairs.
What can a client representative do?
Your representative will act on your behalf. For example, they can:
- receive letters and other documents for you
- ask us to explain the decisions we make about your case
- tell us information about you, for example if you change address
If your representative has power of attorney for your property and your financial affairs, they will have full responsibility for your Child Maintenance Service case.
This means that as well as being able to do the things listed above, they also have the authority to:
- make an application to the Child Maintenance Service for you
- set up or receive payments for you
- close your case
Do I need to use a client representative?
No, you don’t. But anyone can use a client representative if they want to.
Clients who get someone to act on their behalf usually do this because:
- they have a disability or illness that makes it difficult for them to deal with us
- they don’t understand English
- they are too young to manage their child maintenance case by themselves
But that doesn’t always mean you need a representative − we will do our best to help you manage your case yourself. For example, we offer textphone services for people who find it hard to speak clearly or who are hearing impaired or deaf. We will also send you correspondence on audio CD or cassette if you ask us to.
Also, all our information leaflets and letters can be sent to you in large print, Braille or in another language of your choice.
Who can be my representative?
Representatives can include:
- advice or welfare rights organisations, such as Citizens Advice
- professionals such as social workers, nurses or doctors
- solicitors or lawyers
- family members or friends
- someone with a power of attorney (this can be an ordinary, lasting or enduring power of attorney).
How do I get someone to be my representative?
You can make someone your representative when you first apply to the Child Maintenance Service. If you are making the application, you can write their details on your application form.
If you decide at a later date that you want to make someone your representative, you’ll need to write to us, telling us the name of the person you want to act for you and their contact details.
Once we get your request, we will check that the person you have named is happy to act as your representative.
In some circumstances we may be able to meet you in person to discuss making someone your client representative. Please call us to talk about this.
If your representative contacts us directly
If the person is already legally authorised to act on your behalf − for example, if they hold a power of attorney for property and financial affairs − they can write to us directly and arrange to be your representative.
Once they’ve written to us, we will:
- ask for proof of their authorisation (if they haven’t already provided it)
- check their identity
If they hold an ‘ordinary’ or a ‘general’ power of attorney, we will also contact you to make sure that you’re happy for them to act on your behalf. If they hold a lasting power of attorney, we won’t ask for your permission.
If you are applying to be a client representative
Once you have written to us, we will contact the person you want to act for. We will confirm with them that they are happy for you to continue to act for them (if you have a lasting power of attorney we do not need to do this).
What happens if I change my mind?
If you decide that you no longer want someone to be your representative, or if you want to change your representative, you can do this by calling us (unless your representative has lasting power of attorney).
You should tell us as soon as possible if you no longer want someone to be your representative.
We can also decide to stop someone from being your representative, if we think that they are not fit to do this.
What if my representative has power of attorney?
If your representative has a power of attorney, we will need to see proof of this. You or they will need to send it to us with the filled-in Client Representative form or other written request.
What proof do we need to see?
The proof we need depends on the type of power of attorney your representative has.
If your representative has an ‘ordinary’ or a ‘general’ power of attorney, you or they will need to send us written confirmation that meets certain legal requirements. Details of these requirements are available below.
If your representative has a ‘lasting’, ‘continuing’ or ‘continuing & welfare’ power of attorney, you or they will need to send us written confirmation that has been certified by the Office of the Public Guardian or the High Court.
If you or your representative have a joint power of attorney, we need written confirmation from all representatives.
If you or your representative have a joint and separate power of attorney, we can accept written confirmation from you or any others who also hold a joint and separate power of attorney.
Important information about the power of attorney document
The power of attorney document must meet certain requirements for us to accept it.
In England and Wales, the document must:
- be signed by either:
- you (in which case it also needs to be countersigned by a witness)
- someone acting on your behalf and in your presence
- give the name and address of the person with power of attorney
- include the words:
- ‘signed and sealed’ if the power of attorney was made before 31 July 1990
- ‘signed as a deed’ if the power of attorney was made on or after 31 July 1990
- refer to the 1971 Act, if the power of attorney was made under that Act
In Scotland, the document must:
- be a written document signed by you
- include a statement clearly expressing your intention that the power of attorney should continue after you become incapable
- include a certificate in a specified form signed by a solicitor, practising advocate or registered medical practitioner, saying that they:
- interviewed you immediately before the deed was signed
- are satisfied, either from their own knowledge of you or after consultation with other named people who know you, that you understand the nature of the deed and the range of the powers it gives
- have no reason to believe you are acting under undue influence or any other factor which would make the deed invalid
- be registered with the Office of the Public Guardian