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Social Security appointeeship

Alan Robinson considers the law and practice of appointeeship and comments on the potential problems that may arise

1 March 1999

Social Security appointeeship

Alan Robinson considers the law and practice of appointeeship and comments on the potential problems that may arise.

One of the oddities of acting for those with some degree of mental incapacity is that, while the mechanisms of the Mental Health Act, the Court of Protection and Enduring Powers of Attorney afford a considerable degree of protection for the mentally incapable person and the majority of their affairs, there is very little formality involved in arranging for someone to deal with their social security claim. This article considers the law and practice of appointeeship and comments on some of the potential difficulties which the system may create. Appointeeship should be distinguished from agency, where the capacity of the claimant is not in doubt; he or she simply authorises another person to (for example) collect a pension.

For benefits other than housing and council tax benefit, the law...

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