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Appointee
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
Manages benefits payments on behalf of Q
This role applies when
Q lacks capacity and has not made a Lasting Power of Attorney appointing a DONEE
This role applies to
Mental capacity cases
Always
Mental health cases
Day to day living
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
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 | The Social Security (Claims and Payments) Regulations 1987 | https://www.legislation.gov.uk/uksi/1987/1968/regulation/33 |
Appointeeship in respect of Housing Benefit | The Housing Benefit Regulations 2006 | https://www.legislation.gov.uk/uksi/2006/213/regulation/82 |
Appointeeship in respect of Housing Benefit | The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 | https://www.legislation.gov.uk/uksi/2006/214/regulation/63 |
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) | https://www.legislation.gov.uk/uksi/2013/380/regulation/57 |
Receiver | Mental Health Act 1983, Part 7 (repealed) | https://www.legislation.gov.uk/ukpga/1983/20/section/99/enacted |
Receiver | Mental Capacity Act 2005, Schedule 5, Part 1 | https://www.legislation.gov.uk/ukpga/2005/9/schedule/5/part/1 |
The person in this role
Is professionally qualified to perform the role
Sometimes
Has a professional relationship with Q
Sometimes
Has a personal relationship with Q
Sometimes
Is professionally independent of the organisation(s) involved
Has lived experience of Q's care and support needs
Sometimes
Speaks for/on behalf of Q
Safeguards Q's rights
Ensures Q's understanding
Is consulted about Q's health and welfare
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Yes
Is the person formally appointed to this role?
Must be
How many people can perform this role at one time?
One
Are there any other criteria for appointment?
Could be an individual (e.g. friend or relative) OR an organisation or representative of an organisation (eg a solicitor or local council)
Who nominates/appoints them?
Self-nomination to DWP
Is the appointment time limited?
Duration of appointment
Other comments