Social Security experience panels: appointees - report

The need for appointees

Becoming an appointee for someone else

Survey respondents were asked to think about people who are capable of acting, but who due to difficult circumstances would wish for an appointee to act on their behalf.

Table 4: Whether respondents might ever choose to become an appointee for a client of Social Security Scotland who is capable of acting (n=257)

Response options (select one)	%
Yes	51%
No	25%
Unsure	24%

Respondents who said they might choose to become an appointee for someone who was capable of acting were asked in what situations they would ever choose to do so.

Many respondents said that they would consider doing this for a close friend or family member, particularly in situations where this person became very ill, or was struggling to cope with the benefit process. A number of people said that they would take on this role for an elderly parent, or for their spouse, while others said that they would (or already do) act on behalf of their child.

"If my mother or father begin to lose the ability to have independent living and require a formal representative to act on their behalf"

Some respondents said they would want to be able to help if someone was unable to act for themselves. In was unclear whether they felt that these circumstances would be covered by the existing appointee process which puts an appointee in place for an adult if they are deemed to be lacking capacity. However, a number of examples were provided which may constitute situations where an adult may be considered to have capacity, but who would still struggle to navigate the benefits system.

Examples given included some learning disabilities, mental health conditions, conditions which impact on communication or numerical skills, and conditions which impact on organisational or planning skills. Other circumstances given included someone who struggles to use technology, if someone didn't speak English, or if someone was going through a difficult personal time.

"Maybe due to inability to communicate by phone or in person. Where the person would not manage their benefits effectively and spend it on special interests"

"In the case of someone who quite aware of what is happening and could make decisions, but is:

a) afraid to act on their own,
b) has a seeing or communication difficulty,
c) a family member who is aged,
d) confused by officialdom and 'jargon',
e) someone who asks for control to be delegated for any other reasons."

A number of respondents highlighted particular health conditions where someone may find it helpful to have an appointee act for them. This included autism, dyslexia and other neuro-diverse conditions, mental health conditions, stroke, Parkinson's Disease, dementia, degenerative conditions and terminal illness.

"If someone I know needs help and perhaps was suffering mental health problems like myself. Claiming benefits when suffering mental health problems was really not helpful when I was at my most ill."

A number of respondents simply said that they would be happy to act as an appointee if asked, or if asked by someone close to them. Whilst others said they would only want to take on this role if there was no-one else in a position to help. A number of people said it would depend on their own ability or capacity to help, for example if their own health condition was stable.

"Short-term, very specific issues if the person I am closest to were unwell and couldn't manage the process. Even in this type of situation, I would need to consider what I myself could manage, as it may be better to help the person think through the issues but to involve someone else to act as an appointee."

Choosing to have an appointee act for you

Respondents were asked about whether, and in what circumstances they might choose to have an appointee act for them. 71 per cent of respondents said that they might choose to have an appointee.

Table 5: Might respondents ever choose to have an appointee (n=257)

Response options (select one)	%
Yes	71%
No	29%

Many respondents described having existing conditions that are progressive or degenerative. They felt that as their condition progresses they may want to have the option to have an appointee act on their behalf. Conditions which can affect memory or cognitive function were frequently mentioned, as were mental health conditions and some physical conditions – particularly those which impacted on their ability to manage application forms or paperwork. This included conditions which affect eyesight, dexterity, chronic pain or induce fatigue.

"My own health has been deteriorating for the last decade and I can imagine that in another decade I may not be able to do what I am doing now. I would ask for help if help was needed. I think it is important that people feel they can ask for this and it not be either an embarrassment or an inconvenience."

"If I felt unable to look after my own affairs but still met the criteria for capacity. I would like to have the choice to allow me to opt to use an appointee. This could be a long or short term arrangement depending on circumstances."

A number of respondents felt that their condition was already at a stage where having an appointee would be valuable.

"If I was feeling 'extra' unwell (or even 'ok'), I would dearly like to hand responsibility over to someone else to complete as much of the process as possible without my input. After more than 25 years of having a progressive condition, the benefits claiming process is seriously detrimental to my health - both mental and physical."

A number of respondents described how dealing with the current DWP benefits system can have a negative impact on their health condition due to the stress of navigating the system, and felt that they may at times want an appointee to act on their behalf to mitigate this. Others spoke about not having the "emotional energy" to deal with the benefits system, or described struggling to "cope" or navigate the process.

"At times of illness where I am exceptionally anxious and dealing with social security agencies would severely impact my health and well-being."

"Where people are struggling with medicals and having their appeals turned down when they are clearly ill […] generally helping people to know what they are entitled to"

Respondents also described a number of difficult circumstances in which they may want an appointee to act for them. These included a traumatic life event, times of extreme stress, an illness (such as a worsening of a mental health condition), a bereavement, or a hospital admission.

Responsibilities of an appointee

Survey participants who said they might choose to have an appointee act for them were asked what they would want an appointee to do for them. More than nine in ten (93 per cent) said that they would want an appointee to apply for a benefit for them. Two thirds (66 per cent) said that they would want the appointee to receive all communications from Social Security Scotland on their behalf.

Table 6: What respondents would you want the appointee to do for them (n=181)

Response options (select all that apply)	%
Apply for a benefit	93%
Receive all communications from Social Security Scotland	66%
Make decisions about your benefit	39%
Something else	23%
Receive the benefit payment	20%

Among respondents who said that they would want the appointee to do "something else" for them, many said they would want help accessing information to help them to make decisions or for the appointee to help them to understand what's happening with their benefits and give guidance. They also said they would want an appointee to assist with benefits paperwork and keep records for them.

Others said they would want an appointee to assist them with, or accompany them to assessments, or act on their behalf at tribunal.

Some respondents were clear that they would still want to retain some control if they had an appointee, and would not want that person to "take over". They would want the appointee to help them to come to their own decisions, rather than the appointee making decisions unilaterally.

"Consult with me about my benefits, then pursue a course of action that has the best possible outcome for me."

Who should be the appointee

More than two in five (44 per cent) respondents said that they would want their partner or spouse to act as their appointee. More than half (54 per cent) said "another close family member".

Table 7: Who respondents would want to act as an appointee for them (n=180)

Response options (select all that apply)	%
Another close family member	54%
My partner/ spouse	44%
A paid professional	38%
A friend	20%
Someone else	14%

Among those who said "someone else" many listed a voluntary organisation such as Citizen's Advice Scotland, or professional such as a healthcare worker. Some also suggested someone in a position of authority such as a union worker or their MP. Others said that it would need to be someone who they could trust or who knew about their needs or health condition.