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Appointee
Appointeeship - the management of benefits payments on behalf of someone who lacks mental capacity - is provided for in a number of regulations, depending on the benefits which the appointee will be dealing with:
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The Social Security (Claims and Payments) Regulations 1987
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The Housing Benefit Regulations 2006 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
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The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (as amended)
In all the above regulations, a deputy appointed by the Court of Protection has an automatic right to manage benefits payments and doesn't need to be designated as an appointee. The 2006 and 2013 regulations say the same thing about the donee of a Lasting Power of Attorney. Indeed, an appointee cannot be designated if a deputy or donee is in place.
The 1987 and 2013 regulations, which cover benefits administered by the Department of Work and Pensions, also state that anyone designated as an appointee for Housing Benefit under the 2006 regulations can (if they agree) be treated as an appointee for the purposes of DWP administered benefits.
Provision in secondary legislation
Appointeeship in respect of
The Social Security (Claims and Payments) Regulations 1987
benefits under the Social Security Acts 1975–86 and the Child Benefit Act 1975
33.—(1) Where– (a) a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and (b) that person is unable for the time being to act; and either (c) no deputy has been appointed by the Court of Protection under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005 with power to claim, or as the case may be, receive benefit on his behalf; or (d) in Scotland, his estate is not being administered by any judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf, the Secretary of State or the Board may, upon written application made to him or them by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him. (1A) Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).
Provision in secondary legislation
Appointeeship in respect of
The Housing Benefit Regulations 2006
Housing Benefit
82.— (2) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and— (a) a deputy has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or (b) in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf; or (c) an attorney with a general power or a power to claim or as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise, that deputy, judicial factor, guardian or attorney, as the case may be, may make a claim on behalf of that person. (3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.
Identical wording appears in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Reg. 63
Provision in secondary legislation
Appointeeship in respect of
Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance
The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (as amended)
57.—(1) Where a person (“P1”) is, or may be, entitled to benefit (whether or not a claim for benefit has been made by P1 or on P1's behalf) but P1 is unable for the time being to act, the Secretary of State may, if all the conditions in paragraph (2) and the additional conditions in paragraph (3) are met, appoint a person (“P2”) to carry out the functions set out in paragraph (4). [Paragraphs 1A, 1B and 1C apply to Scotland only] (2) The conditions are that— (a) no deputy has been appointed by the Court of Protection under Part 1 of the Mental Capacity Act 2005; (b) no receiver has been appointed under Part 7 of the Mental Health Act 1983 who is treated as a deputy by virtue of the Mental Capacity Act 2005 with power to claim or receive benefit on P1's behalf; (c) no attorney with a general power, or a power to claim or receive benefit, has been appointed by P1 under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985, the Mental Capacity Act 2005 or otherwise; and (d) in Scotland, P1's estate is not being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 F6 who has power to claim or receive benefit on P1's behalf. (3) The additional conditions are that— (a) P2 has made a written application to the Secretary of State to be appointed; and (b) if P2 is a natural person, P2 is over the age of 18. (4) The functions are exercising on behalf of P1 any right to which P1 may be entitled and receiving and dealing on behalf of P1 with any sums payable to P1. (5) Anything required by these Regulations to be done by or in relation to P1 may be done by or in relation to P2 or any person mentioned in paragraph (2). (6) Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person so appointed agrees, treat that person as if the Secretary of State had appointed that person under paragraph (1).
Provision in primary legislation
Receiver
Mental Health Act 1983, Part 7 (repealed)
The above provisions refer to receivers appointed under Section 99 of the Mental Health Act 1983. This was repealed by Schedule 5, Part 1 of the Mental Capacity Act 2005:
Existing receivers
1(1) This paragraph applies where, immediately before the commencement day, there is a receiver (“R”) for a person (“P”) appointed under section 99 of the Mental Health Act.
(2) On and after that day—
(a) this Act applies as if R were a deputy appointed for P by the court, but with the functions that R had as receiver immediately before that day, and
(b) a reference in any other enactment to a deputy appointed by the court includes a person appointed as a deputy as a result of paragraph (a).