Applying for ESA on behalf of someone (without their consent)

My client has an adult son living with her who has been unemployed for years and refuses to claim any benefits. She was working until recently when she had to claim ESA due to mental health problems. She is yet to be assessed for the WRAG or Support Group, has a small third party deduction for CT arrears, and a non-dep’ ded’ for the son. In short, she’s supporting two adults on less than £70 per week. I’ve applied for a DHP for the non-dep’ ded’, but the outcome of that is not certain.

The adult son was sectioned briefly for mental health problems earlier this year, although the client thinks this was unnecessary. She does however think that he might be suffering from depression. He refuses to see a GP and the relationship between him and his mother has all but broken down, so she can’t really communicate with him to resolve any of the problems.

So, I’m wondering if the client can make a claim for ESA on the son’s behalf, without his consent (which he will not give)? P1137 of CPAG says that you can act on someone’s behalf and be made their appointee retrospectively. If we explained in the application that the son has refused to make a claim and we believe that it is due to mental health problems, are the DWP likely to investigate and offer help to the son (counselling etc) in order to get him back to work? If he refused their help would that be the end of it or would they refer it to social services?

I’m not really sure what to make of the situation. The son doesn’t think he has any problems other than not being able to get a job (but refuses to claim JSA in the meantime). The sectioning of the son was instigated by the client’s friend due to an ‘incident’, but the client thinks it was unecessary. Isn’t it unlikley that someone would be sectioned unless they had some unmistakeable problems?

Grateful for any suggestions!!

Well- an award of PIP DLC (to your client) would be another route to getting around the NDD from her HB/CTR but it still leaves the fundamental problem of her supporting both herself and her son on her very limited income. In all honesty I can’t see the idea of her claiming ESA on behalf of him running. The DWP will certainly want to conduct an appointee interview and without evidence that the son is mentally ill and incapable of managing his own affairs it is very unlikely they’ll agree to it (especially if son comes across as ‘normal’).

My feeling is that she’s going to have to be cruel to be kind and ask him to leave if he utterly refuses to claim benefit in his own right (perhaps with support from the local mental health team?)

An appointeeship should be made if it’s in the interests of the son, but this sounds more like it’s aiming to be in the interests of the appointee?

Anyway, if he isn’t going to see his GP and get a sicknote, or otherwise comply with an assessment process, then it’s difficult to see how far an ESA claim will go. For how the DWP might act, this might be helpful:
https://www.gov.uk/government/publications/procedures-for-dealing-with-agents-appointees-attorneys-deputies-and-third-parties

In particular, see ‘Part 5 - Appointee’, and within that e.g. the section on ‘Assessing the customer’s capabilities’.

its certainly quite difficult to get sectioned up here unless your acutely ill….sometimes its hard to get sectioned when even your family think its for the best at that time.

Have you tried having a direct meeting yourself with the son without mum being present? if you take out any family tension you might be able to convince him to make a claim? perhaps discussing the option of permitted work under ESA might give you a side benefit to a claim if the purely financial ones aren’t working?

I dealt with a case similar some time ago and actually succeeded by pointing out the free health benefits linked to an ESA (IB) case and specifically dental

Original person was contacted by phone and passed the phone to their son who had a conversation with me

Over the course of time he claimed and got ESA ( and the dental etc)

He accepted that ESA was there to help him in a (short) period between jobs actually not that short

The panic seemed to be linked to a comment that he lived at home and it was his parents ‘job’ to look after him ( he was over 40)

I had an old dear on pension credit who was really struggling.

I did a benefits check and she was getting GPC but was paying toward rent and council tax.

Turns out she was keeping a 55 year old son on her money, and NDDs applied.

He refused to claim JSA, and she agreed with him on this “as they arent very nice to him down at the jobcentre” No health issues, just didnt “like” how JSA worked

Sometimes words fail me. But only sometimes.

I agree with 1964 on this one. I come across these types of cases fairly regularly (usually involving NEET young people who refuse to sign on for benefits as they don’t like the idea of conditionality). Pointing out to the client and the non-dep that they would not be able to live anywhere else rent free, and if they are not willing to contribute, then maybe its time they found this out for themselves, usually persuades them to change their tune.