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A person
claiming benefit may sometimes be unable to collect the money they are
owed from the post office because of illness or disability.
Some people
may be mentally incapable of looking after their financial affairs and
need somebody to collect and ensure they get the benefits they are entitled
to. Pointers are given here to allow the above situations be remedied.
Firstly, if you collect benefit from the post office
, you may find it easier if you arrange to have the benefit paid straight
into a bank or building society account. Contact the office that deals
with the benefit.
Contact the bank or building society if you need help
collecting the payments.
Agents
Collecting payment occasionally
If someone is just needed to collect payments occasionally the Benefits
Agency terms them as Agents.
If the benefit is paid by order book, the person needing help can fill
in the back of the payment in the order book.
If the benefit is paid by payment Card, contact the
office that deal with the payment.
If someone is regularly needed to collect
payments, a particular person should be chosen to collect it. The Benefits
Agency calls such a person a Standing
Agent. The person who uses the
standing agent can still go to the post office to collect their own payment
if they wish.
If you need a standing agent or know somebody who
wants you to be their standing agent, contact the office that deals with
the payment. Contact the office also, if you wish to change your standing
agent.
Appointees
Appointees, usually a close friend or relative, deal
with a persons benefit when they are mentally incapable of doing it on
their own. You may be able to become an appointee if you are over 18 and
regularly in contact with someone who is unable to deal with their benefits.
An appointee is different from an agent because they
are responsible for the persons claim, not just for collecting their
money.
If you become an appointee, your responsibilities
will include:
Finding out what benefits or allowances the person
you are helping is entitled to.
Completing the necessary claims forms as if you
were that person.
Receiving payments of benefits in your own name,
but making sure the money is used for the welfare of the person you
are helping.
Letting the office who deals with the payment
know about any changes in the persons circumstances and replying
to any questions or letters
Carrying out any instructions you receive about
benefits.
In certain circumstances , repaying overpayments
of benefits.
If you have already been given the
legal right to manage someones affairs, this is called power
of attorney. You should let the
office that deals with the payments know.
Being an appointee can last until a person is well
enough to deal with their own affairs or for the length of their life.
You or the person you act for can end the arrangement at any time. The
office that deals with the payments can also end the arrangement. If you
want to end the arrangement you must write to the office that deals with
the payments
If the person you have been helping dies, you must
return any girocheques or order books you have. If benefit is paid by
Payment Card or straight into a bank or building society account you should
contact the office immediately so payment can be stopped.
You will not be expected to arrange the funeral although
you may choose to. Help with funeral costs may be paid by the Social Fund,
but this is based on your circumstances, not those of the person who has
died.
Useful leaflets from social security offices
GL18 -
Help from the
Social Fund
D49 -
What to do after
a death in England and Wales
D49S -
What to do after
a death in Scotland
If you know someone who needs you to be their appointee,
contact the office that deals with their payments. They will arrange to
visit you and the person you want to help.
Overpayments
If you are an appointee and there is an overpayment
of benefit that has to be paid back, there are rules to decide whether
you or the person you are helping should pay it back.
If benefit is paid
incorrectly because you
were unaware of the circumstances, but you:
Made every reasonable effort to be aware of them,
and
The money was spent on the person you were helping
The person you are helping may have to pay the overpayment
back. You will have to arrange this as the appointee.
If the overpayment is discovered after the person
dies, the overpayment may have to be paid back from their estate.
If benefit is paid
incorrectly because you
knowingly do one of the following:
Make a false statement on behalf of the person
you help
Do not tell the office making the payments about
a change in the circumstances of the person you help
Do not make every reasonable effort to know about
the circumstances of the person you help
Are found guilty of benefit fraud
You may have to pay back the overpayment.
If the overpayment happened while you were responsible
for the claim, you may have to pay it back from your own money.
Court of Protection
Arrangements for handling a persons financial
affairs including benefits can be made through the Court of Protection.
More information can be obtained from:
The
Public Trust Office
Stewart House
24 Kingsway
London WC2B 6JX
Tel: 0207 296 7000
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