Social Security experience panels: appointees - report

Annex A: Information provided to survey participants about the appointee process

About Appointees

What is an appointee?

An appointee is a person or organisation given the power by a social security agency like DWP or Social Security Scotland, to deal with a person's benefits for them.

An appointee has more power than a welfare rights representative or advocate. They can do all the things the person would normally do for themselves. An appointee not only helps the person to apply for a benefit, they act on their behalf and receive payments on their behalf. They are also responsible for reporting any changes of circumstances to the agency.

What is the current system for having an appointee?

Under the current DWP benefits system an appointee is only put in place for adults who are regarded as lacking capacity to make decisions, or for children. This would usually only happen where nobody else already has the legal power to act for them.

What is going to change in Scotland?

In the Scottish social security system adults lacking capacity will still be able to have an appointee. Children will also be able to have an appointee if there is no one who lives with them who is already legally able to act on their behalf.

If they want to, appointees already in place under the current DWP system will remain in place as a client's benefit is transferred to Social Security Scotland.

We would like to know if there are situations where you would want to be able to choose to have an appointee act for you, even if you don't fall into the categories described above. For example, this might be an option someone would want if they were going through difficult circumstances such as a serious illness.

We would like to know how you think this should work.

Some definitions:

There are lots of ways that someone can get help to access the benefits system. To help with the rest of this survey we have created a list of definitions of some of the main ways you might get help. This list was also attached to the email inviting you to take part.

Appointee: An appointee is a person or organisation given the power by DWP or Social Security Scotland, to deal with an individual's benefits for them. They will handle applications, decide where the benefit is paid to, and report changes of circumstances.

Advocate: A specially trained person who helps and supports a disabled person to express their views and wishes in the process of claiming benefits.

Attorney: A person or organisation that has been given legal authority by the individual to manage specific aspects of their affairs. This could include their finances and property, or other matters such as where they live or what medical treatment they get. One example is that someone might choose to put this in place at the early stages of a degenerative condition, if they are worried that they may lose the capacity to make decisions for themselves. Setting up a Power of Attorney requires a lawyer and you have to pay a registration fee.

Guardian: A person or organisation that has been granted specific powers by a court to act on behalf of an adult who is legally regarded as lacking capacity. This could include their finances and property, or other matters such as where they live or what medical treatment they get.

A Third Party: A third party could be a friend, family member, carer or an organisation providing support to you. They can help you to make an application. If you give consent they can then make enquires, receive information about your benefit and deal with any appeal. They cannot receive information instead of you, but they can receive the same information as you. They will not receive your benefit for you.

Third Sector Support Organisation: Third sector organisations can provide expert advice about your entitlement to benefits and will often provide representation at tribunal hearings. An organisation can act as a Third Party or as an Appointee, Attorney or Guardian if they have either been given consent by you, or legal powers to act for you.

Local Delivery: Social Security Scotland staff can provide one to one support, help people to understand what devolved benefits they are entitled to and help them to complete applications. Local delivery staff cannot act on your behalf or represent you.