What legislation governs appointeeship?

The primary legislation that defines appointeeship is detailed in Section 5 of the Social Security Administration Act (1992). This information forms the basis for how benefit claims are dealt with, and how appointees are authorised and regulated.

Regulation 33 of the Social Security Claims and Payments Regulations (1987) clarifies the details of older, legacy benefits (such as Income Support, Working Tax Credit…). However, the legislation for new-style benefits (such as ESA, PIP…) is defined by Regulation 57 of the Claims and Payments Regulations (2013).

These regulations set out how benefits can be paid, as well as how entitlement is determined. They also clarify the limitations of appointeeship. This primarily concerns which financial matters an appointee is authorised to handle on behalf of another person.

Appointeeship is not governed by the Mental Capacity Act (2005), though its underpinning principles are crucial to the role’s ethos. This was a deliberate decision on the DWP’s behalf, as they wished to retain control of the appointeeship process.

Despite the fact that MCA (2005) is not the defining legislation, the matters it discusses are generally relevant to the service. Therefore, it is advisable that all appointees understand its principles, and act with them in mind at all times.

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Appointeeship, Deputyship, Power of Attorney