UC Claimant Commitment and Appointees

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.

Hi Barney Rubble,

Thanks for your useful feedback.

David

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