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Appointeeship - FAQ's

What legislation governs appointeeship?

The primary legislation that defines appointeeship is detailed in Section 5 of the Social Security Administration Act (1992). These rulings form the basis for how appointees must deal with benefit claims and handle their role efficiently.

Surprisingly, the Mental Capacity Act (2005) does not govern appointeeship. Despite this, it is advisable that all appointees understand its principles, and act with them in mind at all times. This generally represents best practice in the role.

Equally, appointees should understand the key benefit legislation, as much of this is relevant to the functioning of the role.

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, for all new-style benefits (such as ESA, PIP…) this is defined by Regulation 57 of the Claims and Payments Regulations (2013).

These set out how appointees must deal with benefit claims and money management duties. They also clarify an appointee’s limitations, and which matters they can legally handle on behalf of another person.

For further guidance, please download our appointeeship guide.

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