Hi Mike,
Tom is 22. He had a head injury when he was at school. He finds it difficult to learn new things and to grasp complicated ideas but generally speaking he manages his life very well.
When he moved into our supported accommodation a couple of months ago he was getting Universal Credit.
He is usually okay managing his claim though his online journal. He understands when he doesn’t understand, and he knows when to ask for help.
Because our service is supported accommodation we tried to make a claim for Housing Benefit but the council wouldn’t accept it. They said that Tom’s mum is his DWP appointee for a PIP claim and only she can make a claim for HB.
Tom didn’t know anything about the PIP claim. He’s not lived at his Mum’s for over six months and he’s never had any money from this.
We’ve tried to talk to Tom’s mum about this, but she won’t communicate.
We’ve called the appointee people at DWP and they’ve said that they’re going to review this but so far nothing’s happened and Tom’s rent arrears are getting huge.
What can we do?
Thanks
Michelle
Hiya Michelle
What’s an Appointee?
If someone is not able to manage their benefits, the law says that a person can be appointed to act on their behalf.
That person is the appointee who takes full responsibility for everything benefit-related.
There are different laws for DWP benefits and Housing Benefit.*
DWP Benefits
The law doesn’t say much that’s helpful, just that there can be an appointee.
The DWP has a guidance document called Agents, appointees, attorneys, deputies and third parties: staff guide. Here is the section about appointees.
According to this, an appointee must deal with all the person’s benefits, so it doesn’t make sense that Tom’s mum has got the PIP claim and Tom manages the UC.
I’m slightly anxious that when DWP look at this situation they might take the management of the UC claim off Tom and give it to his mum.
However, the guidance (paragraph 5400) says that the appointee can be un-appointed if:
- the appointee may not be acting in the claimant’s best interests; or,
- there is evidence that the customer is capable of acting for themselves and does not need an appointee to act for them.
Both of these points seem to be true in Tom’s case.
The problem with guidance is that it’s not law. So it’s difficult to make the DWP do anything.
All you can do is keep hassling the DWP appointees’ section until they un-appoint Tom’s mum. It might be worth making a formal complaint or involving the member of parliament. Alas, there is no clear solution.
Housing Benefit
The council has put the cart before the horse.
For the council to make a decision about the need for an appointee for a claimant, there must be a benefit claim.
To refuse to accept a claim is unlawful.
It’s only once a claim is made that the council should consider the need for an appointee.
The law of appointees for Housing Benefit is a bit more helpful. The council isn’t allowed to just follow the DWP. They must make their own separate decision that Tom needs an appointee. The law says that:
- To name an appointee there must be evidence that the claimant is unable to act – but Tom is managing his UC perfectly well.
- To name an appointee there must be a written request – but nobody has asked for it in Tom’s case.
- To name the same person as the DWP, that person must agree – which Tom’s mum hasn’t.
If you explain all this to the council they should then take a claim and they should see that there’s no need for an appointee, despite the fact that the DWP are paying PIP to Tom’s mum.
If they don’t respond you will have to use their procedure to make a formal complaint.
*What’s With The Asterisk?
Here is the law of appointees for:
Universal Credit and PIP (and new-style ESA and JSA)
DWP Benefits from before Universal Credit arrived – Scroll to regulation 33