Adult Social Care Glossary, v 0.6

[The following definition was repealed by the Mental Capacity Act 2005, but is referenced in that Act]

(1) The judge may by order appoint as receiver for a patient a person specified in the order or the holder for the time being of an office so specified.

(2) A person appointed as receiver for a patient shall do all such things in relation to the property and affairs of the patient as the judge, in the exercise of the powers conferred on him by sections 95 and 96 above, orders or directs him to do and may do any such thing in relation to the property and affairs of the patient as the judge, in the exercise of those powers, authorises him to do.

(3) A receiver appointed for any person shall be discharged by order of the judge on the judge being satisfied that mat person has become capable of managing and administering his property and affairs, and may be discharged by order of the judge at any time if the judge considers it expedient to do so; and a receiver shall be discharged (without any order) on the death of the patient.

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).

Someone appointed under Social Security Regulations to claim and collect social security benefits or pensions on behalf of a person who lacks capacity to manage their own benefits. An appointee is permitted to use the money claimed to meet the person’s needs.

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:

- The Social Security (Claims and Payments) Regulations 1987
- The Housing Benefit Regulations 2006 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
- 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.

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:

- ​The Social Security (Claims and Payments) Regulations 1987
- The Housing Benefit Regulations 2006 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
- 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.

Please follow the link above for further details.

You can apply for the right to deal with the benefits of someone who cannot manage their own affairs because they’re mentally incapable or severely disabled.

Only 1 appointee can act on behalf of someone who is entitled to benefits (the claimant) from the Department for Work and Pensions (DWP).

An appointee can be:

- an individual, for example a friend or relative
- an organisation or representative of an organisation, for example a solicitor or local council

As an appointee you’re responsible for making and maintaining any benefit claims. You must:

- sign the benefit claim form
- tell the benefit office about any changes which affect how much the claimant gets
- spend the benefit (which is paid directly to you) in the claimant’s best interests
- tell the benefit office if you stop being the appointee, for example the claimant can now manage their own affairs
- If the benefit is overpaid, depending on the circumstances, you could be held responsible.

​A service that your council may offer to manage your money for you, if you are unable to do this yourself and have no family or friends who can help you. The council can receive benefit payments on your behalf, and arrange the payment of your living costs. You may have to pay the council a fee to provide this service.