In an administrative appeal, who may ask the committee for an appointed representative, and when may the committee decline to appoint one?
General information · Not legal advice
Material to check
In the practice file, we read the appeal application showing the person is the applicant, the separate application asking the committee to appoint a representative, and papers on that person's financial position. We also read the committee's notice of the result, since the provision requires the outcome to be communicated.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the application to two conditions together: the applicant must be unable to appoint a representative because of lack of economic capacity, and the request is made to the committee, which then decides whether to appoint and must notify the applicant of the result without delay.
Another reading focuses on the committee's power to refuse: it may decide not to appoint where it finds the appeal manifestly unlawful or lacking grounds, or an abuse of a right, and the provision sets out no further test for economic capacity, leaving that to be fixed by rules or a presidential decree.
Your judgment
What in a file could show the committee whether the applicant's lack of economic capacity is real, given the provision states no test?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or the grounds for refusing, or if a rule or decision sets out what counts as economic inability.