DWP duty to apoint an apointee if customer mentally incapable

hi,

Does any one know if the DWP has a statutary duty to appoint an apointee for menatlly inacable customers?

Hi,

It’s the claims and payment 1987, reg 33 that allows the DWP to appoint someone, and you can seen the DWP guidance here http://www.dwp.gov.uk/publications/specialist-guides/agents-appointees-attorneys/

Not sure if that makes it a duty, or just something that the DWP can do.

Is managing money and benefit claims an assessed need that the LA should be providing support for?

Jane

In my view, there is no “duty” on the DWP to appoint an appointee.  Firstly, there must be an application by a person seeking to be an appointee and secondly such appointment is a matter of discretion for the DWP - i.e. the DWP can decline such an application.  I’m pretty sure that a decision on appointees is non appealable (there is certainly no right of appeal for HB/CTB).

if the person has no capacity to make a claim/manage money, then there should be a deputy - needs a CoP application - i KNOW that local mental health social services should be able to do this - assuming your person is a service user ..

(and where Re B where claimant has no capacity from the off and doesn’t understand a word of anything?)

Kevin is spot on.  The statutory provision for the SoS to appoint someone to act for a person who is incapable of acting for themself is in Claims & Payments Regs reg 33, which states that the SoS “may, on written application made to him by a person ... appoint that person ... “.  Schedule 2 to the Decision & Appeals Regs lists decisions made under C&P Regs reg 33 as non-appealable (para 5(s)).