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Proxies, representatives and advocates:

Appointee

Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing. 

I am at an early stage of developing this resource, so please bear with me as I work on it.

Purpose of the role

Manages benefits payments on behalf of Q

This role applies when

Q lacks capacity and has not made a Lasting Power of Attorney appointing a DONEE

Applies in mental capacity situations?

Applies in mental health situations?

Applies in day-to-day situations?

Always

Always

Statutory definition of the role (if any)
Defined term
Source
Source_URL
Receiver
Mental Health Act 1983, Part 7 (repealed)
https://www.legislation.gov.uk/ukpga/1983/20/section/99/enacted
Appointeeship in respect of Housing Benefit
The Housing Benefit Regulations 2006
https://www.legislation.gov.uk/uksi/2006/213/regulation/82
Appointeeship in respect of Housing Benefit
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
https://www.legislation.gov.uk/uksi/2006/214/regulation/63
Appointeeship in respect of The Social Security (Claims and Payments) Regulations 1987 benefits under the Social Security Acts 1975�86 and the Child Benefit Act 1975
The Social Security (Claims and Payments) Regulations 1987
https://www.legislation.gov.uk/uksi/1987/1968/regulation/33
Receiver
Mental Capacity Act 2005, Schedule 5, Part 1
https://www.legislation.gov.uk/ukpga/2005/9/schedule/5/part/1
Appointeeship in respect of Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance
The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (as amended)
https://www.legislation.gov.uk/uksi/2013/380/regulation/57
The person in this role
The role involves

is professionally qualified to perform the role

Sometimes

Sometimes

speaking for/on behalf of Q

has a professional relationship with Q

Sometimes

Sometimes

acting in Q's best interests

has a personal relationship with Q

Sometimes

Sometimes

ensuring Q's understanding

is independent of the organisation(s) involved

being consulted about Q's health and welfare

has lived experience of Q's care and support needs

Sometimes

Sometimes

being consulted about Q's finances

making decisions about Q's health and welfare

managing Q's finances

Yes

Yes

Is the person formally appointed to this role?

How many people can perform this role at one time?

Are there any other criteria for appointment?

Who nominates/appoints them?

Must be

One

Could be an individual (e.g. friend or relative) OR an organisation or representative of an organisation (eg a solicitor or local council)

Self-nomination to DWP

Is the appointment time limited?

Other comments

Duration of appointment

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