Social Security Benefits

(asked on 13th September 2016) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment his Department makes of whether an adult should continue to have a benefit appointee.


Answered by
Penny Mordaunt Portrait
Penny Mordaunt
Lord President of the Council and Leader of the House of Commons
This question was answered on 10th October 2016

The Secretary of State confirms that a claimant requires an appointee if we receive unequivocal medical evidence as to the claimant’s capacity to manage their benefit claim or if, as in the vast majority of cases, the visiting officer, through a series of questions relating to the comprehension of claiming and managing a benefit award, will reach a conclusion as to their capacity to act for themselves. This is specifically a benefit-related capacity assessment and not a mental capacity assessment.

Once someone has been appointed, they will remain in that role until (a) they wish to relinquish it (b) they themselves lose capacity (c) the claimant regains capacity or (d) they abuse their position by not acting in the best interests of the claimant and the appointment is revoked. This latter requirement is stressed to the prospective appointee when the appointment is being considered and they are required to sign form BF56 to confirm that they understand their responsibilities. The Department also has a review system in place.

The vast majority of revocations of an appointeeship occur because of information received from a third party alleging financial abuse which is subsequently confirmed on investigation.

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