Andrew Selous – 2016 Parliamentary Question to the Department for Work and Pensions

The below Parliamentary question was asked by Andrew Selous on 2016-09-13.

To ask the Secretary of State for Work and Pensions, how his Department assesses whether benefit appointees should be appointed; what factors are taken into account in such cases by the assessor; and what the requirements relating to the mental capacity of adult benefit recipients are in such cases.

Penny Mordaunt

The Secretary of State confirms that a claimant requires an appointee if we receive unequivocal medical evidence as to the claimant’s capacity to manage their benefit claim or if, as in the vast majority of cases, the visiting officer, through a series of questions relating to the comprehension of claiming and managing a benefit award, will reach a conclusion as to their capacity to act for themselves. This is specifically a benefit-related capacity assessment and not a mental capacity assessment.

Once someone has been appointed, they will remain in that role until (a) they wish to relinquish it (b) they themselves lose capacity (c) the claimant regains capacity or (d) they abuse their position by not acting in the best interests of the claimant and the appointment is revoked. This latter requirement is stressed to the prospective appointee when the appointment is being considered and they are required to sign form BF56 to confirm that they understand their responsibilities. The Department also has a review system in place.

The vast majority of revocations of an appointeeship occur because of information received from a third party alleging financial abuse which is subsequently confirmed on investigation.