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UC Claimant Commitment and Appointees
- Barney Rubble
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1 month 1 week ago #296738 by Barney Rubble
UC Claimant Commitment was created by Barney Rubble
In the B&W ESA to UC Managed Migation FAQs, it states on page 10 that people whose claim is being handled by an appointee are exempt from the requirement to agree a claimant commitment.
1) I am aware of the DWP's Advice to Decision Makers on the matter but could you please advise me where in the Regulations this can be found.
2) Does this apply to claims being handles by a Power of Attorney. I have both Lasting Powers of Attorney for both Health & Welfare and Property & Financial Affairs for my son which are registered with the DWP for his existing ESA Award.
Thanks, Barney
1) I am aware of the DWP's Advice to Decision Makers on the matter but could you please advise me where in the Regulations this can be found.
2) Does this apply to claims being handles by a Power of Attorney. I have both Lasting Powers of Attorney for both Health & Welfare and Property & Financial Affairs for my son which are registered with the DWP for his existing ESA Award.
Thanks, Barney
The following user(s) said Thank You: VIA, MPS
- David
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1 month 1 week ago #296762 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Claimant Commitment
Hi Barney Rubble,
The following is the full DWP Guidance on Appointees. I hope this answers your questions. David
Introduction
When a claimant is incapable of managing their own affairs an appointee may be appropriate. The Secretary of
State may, on receipt of a written application, appoint a person aged 18 or over to act on the claimant’s behalf.
This form of appointment removes control of the benefit from the claimant.
An appointee can be an individual, e.g. a friend or relative or an organisation or representative of an
organisation.
Only one appointee can act on behalf of someone who is entitled to benefits from the Department for Work and
Pensions (DWP).
The Secretary of State can also revoke an appointeeship if the appointee is not acting in the customer’s best
interests.
Eligibility
To be eligible to be an appointee the following must be considered:
the claimant must be incapable of managing their benefit affairs because of mental incapacity (or
severe physical disability)
an appointee is not appropriate if the claimant is simply unable to collect their benefits or no longer
wishes to manage their own affairs
claimants who can manage their own affairs but are unable to go to the bank, building society or post
office may be able to arrange for a person they know and trust to collect their benefits on their behalf
Responsibilities
The appointee becomes fully responsible for acting on the claimant’s behalf in all the claimant’s dealings with
the Department. This includes:
claiming benefit/s, including completing and signing any claim forms
collecting / receiving benefit payments and reporting changes in circumstances
the appointee is also responsible for reporting any changes in their own circumstances that the
Department may require. The following are examples:
o a change of name or address
o change of account
An appointee can only manage the claimant’s benefit money.
Personal Acting Body
A Personal Acting Body (PAB) is a person who acts on behalf of a claimant who can't manage their own benefit
affairs. A PAB could be a DWP appointee, a deputy (appointed by the Court of Protection) or someone holding
a Lasting Power of Attorney.
A request for an appointment to act may be made by:
the person or organisation wishing to become the appointee or
someone acting on the customer’s behalf stating that an appointee is needed
A PAB can be appointed by:
the courts to administer all aspects or specified aspects of a claimant’s affairs
an officer (acting on behalf of the Secretary of State ) to administer all aspects of a claimant’s affairs
relating to benefits, pensions and allowances
The claimant’s PAB is responsible for reporting all changes in:
the claimant’s circumstances but only where the claimant has lost capability
their own circumstances for example a change of name, address or change of account that the
Department may require
There is a different legal process regarding the appointment of a Personal Acting Body under Scottish Law and
it would be the Sherriff Court in Scotland that would be involved in this situation. There is also an Office of the
Public Guardian in Scotland that would be involved during these stages.
Corporate Acting Body
A Corporate Acting Body (CAB) is an organisation which acts on behalf of a claimant who can't manage their
benefit affairs. A CAB could be any of the following:
a solicitor
Local Authority
nursing home
Age UK
This is not a complete list.
Claimant’s Commitment
Appointees will not be able to accept a Claimant’s Commitment on behalf of a claimant. If the claimant is
physically or mentally unable to accept a Claimant’s Commitment and this is unlikely to change the requirement
to accept a Claimant’s Commitment can be lifted.
Payments
Universal Credit is paid monthly in arrears by direct credit transfer and can be paid into an appointee’s bank,
building society or credit union account.
Overpayments
Any overpayment that is made to an appointee is recoverable from the appointee and/or the claimant.
When the appointee is still acting for the claimant, a single notification can be sent to the appointee. This
notification will make it clear that the overpayment is recoverable from either the appointee, the claimant for
whom they were acting as an appointee, or from both the appointee and the claimant.
Advances
As advances are payment of Universal Credit, it is treated the same as other payments and therefore can only be
paid into the Universal Credit claimant’s:
bank
building society
Credit union account
In cases where the Universal Credit claimant has an appointee, the advance can be paid into the appointee’s
bank, building society or credit union account.
The following is the full DWP Guidance on Appointees. I hope this answers your questions. David
Introduction
When a claimant is incapable of managing their own affairs an appointee may be appropriate. The Secretary of
State may, on receipt of a written application, appoint a person aged 18 or over to act on the claimant’s behalf.
This form of appointment removes control of the benefit from the claimant.
An appointee can be an individual, e.g. a friend or relative or an organisation or representative of an
organisation.
Only one appointee can act on behalf of someone who is entitled to benefits from the Department for Work and
Pensions (DWP).
The Secretary of State can also revoke an appointeeship if the appointee is not acting in the customer’s best
interests.
Eligibility
To be eligible to be an appointee the following must be considered:
the claimant must be incapable of managing their benefit affairs because of mental incapacity (or
severe physical disability)
an appointee is not appropriate if the claimant is simply unable to collect their benefits or no longer
wishes to manage their own affairs
claimants who can manage their own affairs but are unable to go to the bank, building society or post
office may be able to arrange for a person they know and trust to collect their benefits on their behalf
Responsibilities
The appointee becomes fully responsible for acting on the claimant’s behalf in all the claimant’s dealings with
the Department. This includes:
claiming benefit/s, including completing and signing any claim forms
collecting / receiving benefit payments and reporting changes in circumstances
the appointee is also responsible for reporting any changes in their own circumstances that the
Department may require. The following are examples:
o a change of name or address
o change of account
An appointee can only manage the claimant’s benefit money.
Personal Acting Body
A Personal Acting Body (PAB) is a person who acts on behalf of a claimant who can't manage their own benefit
affairs. A PAB could be a DWP appointee, a deputy (appointed by the Court of Protection) or someone holding
a Lasting Power of Attorney.
A request for an appointment to act may be made by:
the person or organisation wishing to become the appointee or
someone acting on the customer’s behalf stating that an appointee is needed
A PAB can be appointed by:
the courts to administer all aspects or specified aspects of a claimant’s affairs
an officer (acting on behalf of the Secretary of State ) to administer all aspects of a claimant’s affairs
relating to benefits, pensions and allowances
The claimant’s PAB is responsible for reporting all changes in:
the claimant’s circumstances but only where the claimant has lost capability
their own circumstances for example a change of name, address or change of account that the
Department may require
There is a different legal process regarding the appointment of a Personal Acting Body under Scottish Law and
it would be the Sherriff Court in Scotland that would be involved in this situation. There is also an Office of the
Public Guardian in Scotland that would be involved during these stages.
Corporate Acting Body
A Corporate Acting Body (CAB) is an organisation which acts on behalf of a claimant who can't manage their
benefit affairs. A CAB could be any of the following:
a solicitor
Local Authority
nursing home
Age UK
This is not a complete list.
Claimant’s Commitment
Appointees will not be able to accept a Claimant’s Commitment on behalf of a claimant. If the claimant is
physically or mentally unable to accept a Claimant’s Commitment and this is unlikely to change the requirement
to accept a Claimant’s Commitment can be lifted.
Payments
Universal Credit is paid monthly in arrears by direct credit transfer and can be paid into an appointee’s bank,
building society or credit union account.
Overpayments
Any overpayment that is made to an appointee is recoverable from the appointee and/or the claimant.
When the appointee is still acting for the claimant, a single notification can be sent to the appointee. This
notification will make it clear that the overpayment is recoverable from either the appointee, the claimant for
whom they were acting as an appointee, or from both the appointee and the claimant.
Advances
As advances are payment of Universal Credit, it is treated the same as other payments and therefore can only be
paid into the Universal Credit claimant’s:
bank
building society
Credit union account
In cases where the Universal Credit claimant has an appointee, the advance can be paid into the appointee’s
bank, building society or credit union account.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA
- Barney Rubble
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1 month 1 week ago #296814 by Barney Rubble
Replied by Barney Rubble on topic UC Claimant Commitment and Appointees
Hi David, thank you. My question is answered under Personal Acting Body.
I have now discoverd detailed DWP guidance from parliament.uk on
Appointees, Personal Acting Bodies and Corporate Acting Bodies which maybe helpful to members. It includes Lasting Power of Attorney and can be found at the following link:
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V13.0.pdf.
Regards, Barney
I have now discoverd detailed DWP guidance from parliament.uk on
Appointees, Personal Acting Bodies and Corporate Acting Bodies which maybe helpful to members. It includes Lasting Power of Attorney and can be found at the following link:
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V13.0.pdf.
Regards, Barney
- David
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1 month 1 week ago #296821 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Claimant Commitment and Appointees
Hi Barney Rubble,
Thanks for your useful feedback.
David
Thanks for your useful feedback.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Barney Rubble
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1 month 21 hours ago #297110 by Barney Rubble
Replied by Barney Rubble on topic UC Claimant Commitment and Appointees
I have just read your 'Successful ESA to UC Managed Migration Guide'. There is no information in the guide regarding where and when during the UC online claim process it can be made clear the claim is being made by an Appointee or Personal Acting Body on behalf of the claimant.
Is there provision when completing the Online Form for an Appointee or Personal Acting Body details to be provided?
Regards, Barney
Is there provision when completing the Online Form for an Appointee or Personal Acting Body details to be provided?
Regards, Barney
- David
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1 month 20 hours ago #297112 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Claimant Commitment and Appointees
Hi Barney Rubble,
Up until recently this autumn the DWP were postponing the Managed Migration of claimants with an appointee.
I understand from DWP briefings that it is now taking place. So in answer to your question about the UC information gather taking details of the appointee or Personal Acting Body, this would be a requirement as otherwise the UC claim would be invalid.
David
Up until recently this autumn the DWP were postponing the Managed Migration of claimants with an appointee.
I understand from DWP briefings that it is now taking place. So in answer to your question about the UC information gather taking details of the appointee or Personal Acting Body, this would be a requirement as otherwise the UC claim would be invalid.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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