Appointeeship and Deputyship FAQs

The primary power for appointeeship is in the Social Security Administration Act 1992, detailed in section 5. This forms the basis for how appointees are legally and procedurally administered.

This gives the power to make the appointee regulations. Regulation 33 of the  Social Security Claims and Payments Regulations 1987 is for older, legacy benefits. For the new style benefits, that is, Employment Support Allowance, Job Seekers Allowance, Personal Independence Payments, and Universal Credits, it is regulation 57 of the Claims and Payments Regulations 2013

Appointeeship is not governed by the Mental Capacity Act 2005. That was deliberate because the DWP wanted to retain control of the appointeeship process and detail. However, the Act’s five underpinning principles are built into the appointeeship process.

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

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An appointee must inform the DWP if there is any change in a person’s circumstances that may affect their welfare benefits, including changes of address or bank account details.

The amount of benefits an individual can claim can be affected by the amount of savings they have. For example, means-tested benefits will typically be stopped if a benefit recipient has savings of £16,000 or above. Welfare benefit payments for means-tested benefits are reduced when a person’s capital breached £6000, however.

The appointee will check the balance of savings for their client regularly and inform the DWP, by letter, when the total amount of savings reaches the levels that may affect a benefit claim.

An appointee does not have the authority to deal directly with banks or with capital or other income belonging to the incapacitated person. An appointee does, however, have the authority to deal with an incapacitated person’s Post Office account.

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

If the person does not have any friends or relatives to act as an appointee, then The Money Carer Foundation or another suitably experienced organisation can apply to become the DWP appointee.

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.

Social services can request an appointee as part of the best interest or safeguarding decisions. Social workers regularly request appointeeships when undertaking care plan assessments.

An appointee may resign if they are no longer able to carry out the role by giving one month’s written notice to the DWP

The DWP also has the power to revoke the appointeeship.  If there is evidence of an appointee not acting in the best interests of the claimant, the DWP must be informed and they will investigate such claims.

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.

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.

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.

In the UK, LPA stands for Lasting Power of Attorney, and GPA stands for General Power of Attorney.

The main difference between the two is that an LPA is a legal document that allows an individual (the donor) to appoint one or more people (the attorneys) to make decisions on their behalf in case they lose mental capacity. An LPA can cover decisions about health and welfare, as well as property and financial affairs.

On the other hand, a GPA is a legal document that allows an individual (the donor) to appoint an attorney to make decisions on their behalf for a specific period of time, such as when they are out of the country or physically unable to manage their affairs. An GPA only covers decisions about property and financial affairs.

Another difference is that an LPA must be registered with the Office of the Public Guardian before it can be used, while an GPA does not need to be registered.

The costs involved in setting up a Lasting Power of Attorney (LPA) for property and affairs can vary depending on several factors, including where you live and whether you choose to use a solicitor or complete the process yourself. Here are some of the potential costs you may incur:

1. LPA application fee: In England and Wales, there is a fee of £82 per application to register an LPA for property and affairs.
2. Solicitor fees: If you choose to use a solicitor to set up your LPA, you will need to pay their fees. The cost of using a solicitor can vary, but it’s usually several hundred pounds.
3. Certificate provider fees: You will need to have someone sign your LPA to confirm that you understand what you are doing and that you are not being pressured into it. This person is called a certificate provider, and they may charge a fee for their services.
4. Copying and postage fees: You may need to pay for photocopying and postage costs to send your LPA application to the Office of the Public Guardian.

It’s worth noting that if you receive certain means-tested benefits, you may be eligible for a reduced or waived application fee.