If the person you care for is eligible for benefits but lacks the capacity to manage these themselves, it may be helpful for you to become what is known as their “appointee”. Being an appointee gives you the right to act for them in relation to their benefits, ensuring that they get what they are entitled to and that their payments are spent on the things they really need.
Having an appointee is relatively common, with hundreds of thousands of people across the UK needing one. However, it can still be confusing to understand all the ins and outs of the process.
To help, we discuss what an appointee is, who can get one, who can be one, why it might be beneficial, what appointees have to do and how you can apply to be one.
An appointee is a person or organisation who has been given the legal right to manage someone else’s benefits because they are incapable of doing so themselves.
Appointees are only for people who are entitled to benefits from the Department of Work and Pensions (DWP) and who are not capable, either temporarily or permanently, of managing their own affairs. This is most often due to mental incapacity or, more rarely, severe disability.
Someone cannot get an appointee if they are capable of managing these affairs themselves but it would just be helpful or convenient if someone else did it for them. Appointees are also unlikely to be granted for someone who already has a deputy appointed by the Court of Protection to act for them. If the person is aged under 16, is entitled to Disability Living Allowance and has a parent or guardian who can act on their behalf, they are also not likely to have a separate appointee granted. For some benefits, namely Universal Credit (UC), Personal Independence Payment (PIP), Jobseeker’s Allowance (JSA) and Employment and Support Allowance (ESA), the law does not allow an appointee to be granted when someone already has a separate person or organisation that has been given power of attorney. See our guide “Lasting power of attorney” for further information about how to set one of these up.
Unlike with some similar rights, such as power of attorney, an individual can only have one appointee to act for them. The appointee must be aged 18 or over.
The appointee could be a person who knows them, like a friend, family member or independent advocate. Or it could be what is known as a corporate appointee, which is an organisation that acts on their behalf. This organisation could be a charity, such as Age Concern, the local authority (i.e. social services) or a business like a solicitor’s or accountancy firm.
In either case, the appointee should generally be able to have very regular contact with the person they represent (known as the "claimant"). This is so that they have a good idea of what that person’s needs are and therefore know how their benefits should best be spent to meet these needs. For that reason, it is unlikely that an appointee will be granted if they live in a different country to the claimant.
For those people who are not capable of managing their affairs themselves, having an appointee means they can still claim their benefits and have them spent on the services and items they require. It therefore enables them to still have access to the money they need and are entitled to.
Having an appointee can also make everything relating to the benefits process run more smoothly for them. It allows notifications about problems with or changes to their benefits to be received by someone with the capacity to understand and act on them.
When an individual applies to be an appointee for someone else, they are agreeing to be that person’s representative with the DWP, doing everything they would usually do in relation to their benefits. As the government’s guidance phrases it, an appointee “stands in the shoes of the claimant”.
More specifically, this means that the claimant’s benefits will be paid directly to the appointee. It is then the appointee’s responsibility to spend these benefits in the claimant’s best interests, for instance by paying their bills. These benefits can be used to cover a portion of any joint living costs, but the appointee should ensure that the claimant is only paying their fair share. It can sometimes help if the appointee sets up a new bank account for the benefits to be paid into, to make sure they clearly and transparently stay separate to their own funds.
Appointees are also responsible for making accurate claims for benefits, including filling out and signing any application forms, and noticing if they think a mistake has been made with the amount that has been awarded. All letters relating to the claimant’s benefits are sent to the appointee, and it is their responsibility to deal with any changes or problems that come up. They should also proactively and promptly notify the DWP about any changes in circumstances that could affect the claim. These include things like the claimant’s savings going above the maximum threshold, them being admitted to/leaving hospital or residential care, or if they start work. If their benefits are overpaid, the appointee could be held legally responsible for this, depending on the circumstances.
Alongside managing their DWP benefits, appointees can usually also manage the person’s Housing Benefit and Council Tax on their behalf too, if applicable.
If the person they represent is part of The Motability Scheme, then their appointee is also responsible for managing this, and ensuring that it continues to be the right option for them. For more information about The Motability Scheme, take a look at our guide “Helping someone to get out and about”.
To become an appointee, you should begin by contacting the Department of Work and Pensions (DWP) and notifying them that you wish you act as an appointee for somebody.
Next, the DWP may send someone out to interview the person you wish to represent to determine that an appointee is required for them and that they are not capable of managing their affairs for themselves. The DWP will likely request for you not to be present during this interview, but the claimant can have another friend or family member there if needed. During this interview, the claimant will be assumed to be capable of managing their own benefits until they demonstrate otherwise, and they will be given every opportunity to show they have this capacity. If the DWP are still unsure whether or not the claimant is capable of managing their own affairs, they may ask you to provide evidence to support your application. Examples of evidence could include statements from professionals who know the person well, such as their social worker or GP.
After this, the DWP will then interview you, usually separately to the person you are intending to represent, to make sure you are an appropriate person to act as an appointee. The interview may be carried out at the DWP offices, or they may visit you at home to conduct it. During this interview, the DWP Visiting Officer will work through the appointee application form, known as Form BF56, with you. If your application is successful, you will be given or sent Form BF57 which confirms you are now officially the appointee.
If you wish to also manage their Housing Benefit and/or Council Tax, you need to get in touch with their Local Authority as well. If you can show them your BF57 which demonstrates you are the claimant’s appointee, they should automatically accept this and register you to manage these on the claimant’s behalf as well.
There may be a number of reasons you want or need to stop being an appointee. For instance, you may feel you no longer have the capacity yourself to manage the role. Or you may decide that the person you care for doesn’t require this support from you anymore. Or it may be that the claimant has sadly passed away.
If you want to voluntarily stop being an appointee, you should contact the Department of Work and Pensions as soon as you can. You can do this either by phone or in writing, using the contact details provided on any correspondence you have received. They will stop paying the benefits to you and send you a form called a BF58, to confirm that you have ended your appointment.
If the claimant still has a need for an appointee, even though you are unable to fulfil the role yourself anymore, then you can nominate another person or organisation to take it on in your place. The DWP will then assess the suitability of the new potential appointee. If you do not know who else to nominate, the DWP will contact social services at the Local Authority to request they become the appointee instead.
After you have become an appointee, the Department of Work and Pensions (DWP) will regularly review your case to make sure that the person you care for still needs an appointee and that the current situation continues to be the best option for both of you.
If you wish to end being an appointee, don’t wait for this review though, as it could take a number of years to happen. Instead, you should proactively contact the DWP yourself to end it. See “How do I stop being an appointee” above for further details.
Although it is rare, it is possible that the DWP may decide to end your appointment following this review. This is known as “revoking an appointment”. This could happen if they decide that you are not acting appropriately or not in the claimant’s best interests, that the person you are representing is now able to manage their own benefits or that you have become incapable yourself.
Online Help and Advice
Visit our online support section where we have provided advice and guidance on a range of relevant topics to help you in your caring role.