Appointeeship | Becoming a DWP Benefits Appointee

A DWP appointee is someone who is appointed to manage the welfare benefits and money management matters of a person who is unable to do so themselves.

This could be because the person has a mental or physical disability, or they are unable to manage their affairs for other reasons.

The appointee is responsible for making sure that the person’s welfare benefits are applied for accurately, received in a separate bank account and used for the benefit of the person they are appointed to represent.

They are also responsible for managing the person’s finances, paying bills and making decisions about how the person’s money is spent.

To become a DWP appointee, a person must apply to the Department for Work and Pensions by completing a BF56 application form and then meet with a DWP visiting officer.

Once appointed, the appointee has legal responsibilities and must act in the best interests of the person they represent and understand the 5 underpinning principles of the Mental Capacity Act 2005.

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A corporate appointee is an organisation appointed by the DWP to manage the welfare benefit responsibilities of a claimant. For example, corporate appointees are organisations such as The Money Carer Foundation or local authorities.

For example, corporate appointees are organisations such as The Money Carer Foundation or local authorities.

For further information about becoming a DWP appointee, please download our appointee guide for family members.

View this video on the Money Carer YouTube channel

Form BF56 must be completed and submitted to the relevant DWP department to become an appointee. An appointment with a DWP Visiting Officer must be made so that the DWP can assess the suitability of a person or organisation that is applying to take on the legal role.

Background checks against the individual or organisation may be made also with consent.

For further information about becoming a DWP appointee, please download our appointee guide for family members.

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An appointee has to be aged 18 plus and can be a family member or trusted friend or a specialist organisation whom the DWP can authorise to become the person’s corporate appointee.

The local council can also act as the appointee, although there can be conflicts of interest when local authorities become appointees. As such, many local authorities are choosing to partner with organisations such as Money Carer. Many local authorities do not have enough resources to provide an appointeeship service, which is another reason they cannot take on the role.

Some care providers also still act as appointees however, again, due to the conflicts of interest, these arrangements are increasingly being discouraged by local authorities and the care services regulator as not reflecting best practice.

For further information about becoming a DWP appointee, please download our appointee guide for family members.

The minimum age to act as an appointee is 18 years old.

For further information about becoming a DWP appointee, please download our appointee guide for family members.

Yes.

If the DWP are satisfied that the family member is suitable to undertake the duties of an appointee they can be appointed to undertake the legal responsibilities. Family members should actually be the first people approached to take on the role where possible as they are most likely to know the person requiring an appointee best.

For further information about becoming a DWP appointee, please download our appointee guide for family members.

View this video on the Money Carer YouTube channel

The appointee can be nominated for a temporary period, for example following an accident or a short-term illness. In fact, many appointeeships are temporary in so much as the service user may simply need assistance for an interim period.

Yes.

A GP can make a referral to social services and ask that an assessment is made to determine if the client requires an appointee.

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An appointee will need to be provided with the online login details for the claimant’s universal credit journal or, online account, with the DWP.

The appointee is then responsible for keeping the DWP up to date with the claimant’s financial situation and communicating any changes in their circumstances.

View this video on the Money Carer YouTube channel

The decision to have an appointee or a general power of attorney depends on the individual’s specific needs and circumstances.

An appointee is someone authorised by the DWP to manage an individual’s welfare benefit responsibilities when they are deemed incapable of managing their own affairs due to a mental or physical disability. If the individual has the capacity to choose their own representative, an appointee may not be necessary.

On the other hand, a general power of attorney is a legal document that allows an individual to appoint someone they trust to manage their affairs on their behalf. This could include managing finances or handling legal matters.

If the individual has the capacity to choose their own representative and wants someone they trust to manage their affairs, an general power of attorney may be more suitable.

No, DWP Appointeeship is not governed by the Mental Capacity Act 2005 (MCA). While both systems deal with individuals who may lack the mental capacity to manage aspects of their lives, they are legally and functionally distinct. Below is a breakdown of the differences and the relevant legal frameworks:

1. What Is a DWP Appointee?

A DWP Appointee is an individual or organisation authorised by the Department for Work and Pensions (DWP) to manage a person’s benefits on their behalf. This is typically used when the person (called the “claimant”) is unable to manage their own benefits due to mental incapacity or severe disability.

• The legal basis for DWP Appointeeship is found in the Social Security (Claims and Payments) Regulations 1987, particularly:

  • Regulation 33, which gives the Secretary of State the power to appoint someone to act on behalf of another for social security purposes.

2. What Is the Mental Capacity Act 2005?

The Mental Capacity Act 2005 (MCA) is legislation that applies in England and Wales. It provides a legal framework for making decisions on behalf of people aged 16 and over who lack capacity to make certain decisions for themselves.

• The MCA covers decisions about:

  • Property and financial affairs

  • Health and welfare

  • Advance decisions and lasting powers of attorney

  • Decisions made by deputies appointed by the Court of Protection

3. Key Differences Between DWP Appointeeship and the MCA

4. Capacity and DWP Appointees

Although the MCA doesn’t govern DWP Appointeeship, capacity is still central to the decision to appoint someone. The DWP must assess whether the claimant can manage their own benefits. If not, they can appoint someone else.

⚠️ Important: This is not a formal Mental Capacity Assessment as required by the MCA, and the DWP does not have to follow the statutory best interest framework of the MCA when appointing someone. This has led to concerns about the lack of safeguards in the DWP system.

5. Case Law and Guidance

• Case Law: There is limited case law directly on DWP appointeeship, but tribunals have at times criticised the lack of clarity or oversight in how appointees are selected and monitored.

• Guidance:

  • DWP’s own guidance (e.g. “Appointeeship: Staff Guide”) outlines procedures for assessing a person’s ability to manage their benefits.

  • The Office of the Public Guardian recognises that Appointeeship is not covered by the MCA and may recommend a deputyship when broader financial management is needed.

6. When Is the MCA Relevant?

If someone needs help beyond managing benefits—such as managing property, making decisions about medical care, or dealing with banks—the MCA will apply. In those cases, you would need:

• A Lasting Power of Attorney (LPA) if the person had capacity to make one before becoming incapacitated

• Or a Deputyship Order from the Court of Protection if they lack capacity and no LPA exists

✅ Summary

• DWP Appointeeship is not governed by the Mental Capacity Act 2005

• It is governed by Social Security legislation, specifically the Social Security (Claims and Payments) Regulations 1987

• While both systems involve people who may lack capacity, they serve different purposes and have different legal safeguards

• If wider decision-making is needed, the MCA and potentially the Court of Protection process is more appropriate

No, DWP Appointeeship is not governed by the Mental Capacity Act 2005 (MCA). While both systems deal with individuals who may lack the mental capacity to manage aspects of their lives, they are legally and functionally distinct. Below is a breakdown of the differences and the relevant legal frameworks:

1. What Is a DWP Appointee?

A DWP Appointee is an individual or organisation authorised by the Department for Work and Pensions (DWP) to manage a person’s benefits on their behalf. This is typically used when the person (called the “claimant”) is unable to manage their own benefits due to mental incapacity or severe disability.

• The legal basis for DWP Appointeeship is found in the Social Security (Claims and Payments) Regulations 1987, particularly:

  • Regulation 33, which gives the Secretary of State the power to appoint someone to act on behalf of another for social security purposes.

2. What Is the Mental Capacity Act 2005?

The Mental Capacity Act 2005 (MCA) is legislation that applies in England and Wales. It provides a legal framework for making decisions on behalf of people aged 16 and over who lack capacity to make certain decisions for themselves.

• The MCA covers decisions about:

  • Property and financial affairs

  • Health and welfare

  • Advance decisions and lasting powers of attorney

  • Decisions made by deputies appointed by the Court of Protection

3. Key Differences Between DWP Appointeeship and the MCA

4. Capacity and DWP Appointees

Although the MCA doesn’t govern DWP Appointeeship, capacity is still central to the decision to appoint someone. The DWP must assess whether the claimant can manage their own benefits. If not, they can appoint someone else.

⚠️ Important: This is not a formal Mental Capacity Assessment as required by the MCA, and the DWP does not have to follow the statutory best interest framework of the MCA when appointing someone. This has led to concerns about the lack of safeguards in the DWP system.

5. Case Law and Guidance

• Case Law: There is limited case law directly on DWP appointeeship, but tribunals have at times criticised the lack of clarity or oversight in how appointees are selected and monitored.

• Guidance:

  • DWP’s own guidance (e.g. “Appointeeship: Staff Guide”) outlines procedures for assessing a person’s ability to manage their benefits.

  • The Office of the Public Guardian recognises that Appointeeship is not covered by the MCA and may recommend a deputyship when broader financial management is needed.

6. When Is the MCA Relevant?

If someone needs help beyond managing benefits—such as managing property, making decisions about medical care, or dealing with banks—the MCA will apply. In those cases, you would need:

• A Lasting Power of Attorney (LPA) if the person had capacity to make one before becoming incapacitated

• Or a Deputyship Order from the Court of Protection if they lack capacity and no LPA exists

✅ Summary

• DWP Appointeeship is not governed by the Mental Capacity Act 2005

• It is governed by Social Security legislation, specifically the Social Security (Claims and Payments) Regulations 1987

• While both systems involve people who may lack capacity, they serve different purposes and have different legal safeguards

• If wider decision-making is needed, the MCA and potentially the Court of Protection process is more appropriate

The decision to have an appointee or a general power of attorney depends on the individual’s specific needs and circumstances.

An appointee is someone authorised by the DWP to manage an individual’s welfare benefit responsibilities when they are deemed incapable of managing their own affairs due to a mental or physical disability. If the individual has the capacity to choose their own representative, an appointee may not be necessary.

On the other hand, a general power of attorney is a legal document that allows an individual to appoint someone they trust to manage their affairs on their behalf. This could include managing finances or handling legal matters.

If the individual has the capacity to choose their own representative and wants someone they trust to manage their affairs, an general power of attorney may be more suitable.