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 person’s 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 person’s 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 someone’s 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 person’s 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