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UC - Deputies with Court Order Protection Document
- JMC
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5 days 15 hours ago #312152 by JMC
UC - Deputies with Court Order Protection Document was created by JMC
Hi
Until recently the council were managing my son's finances, this worked well. But looking long term, we applied for COP and my daughter and I were granted deputyship. My son has an ongoing claim with UC originally set up by the council; The council relinquished appointeeship via the BF58 form. (They also provided the DWP with a copy of the COP doc)
The council asked that we log into my son’s account and update email and mobile number information, so we can now access and support my son with his application and correspondence. We did this earlier this week; however, the DWP dept has said they can’t update the account, it must be closed by the council, and we must make a new claim. Which seems completely nonsensical.
The council kindly called the relevant DWP dept and their contact agreed that continuing with the account and claim should not be a problem, but this afternoon I was contacted by another DWP staff member who has sent me a BF56 form (via my son’s UC account) to complete as an appointee.
Is this correct, is this the right form? It asks for new bank details etc, which we are happy to provide but I want to ensure that this is the right process for a Deputy. The DWP contact did not ask for the COP document or make any reference to this.
Both my daughter and I are named on the COP severally but the BF56 form only allows for one person to be named.
Any comments or advice would be much appreciated.
Until recently the council were managing my son's finances, this worked well. But looking long term, we applied for COP and my daughter and I were granted deputyship. My son has an ongoing claim with UC originally set up by the council; The council relinquished appointeeship via the BF58 form. (They also provided the DWP with a copy of the COP doc)
The council asked that we log into my son’s account and update email and mobile number information, so we can now access and support my son with his application and correspondence. We did this earlier this week; however, the DWP dept has said they can’t update the account, it must be closed by the council, and we must make a new claim. Which seems completely nonsensical.
The council kindly called the relevant DWP dept and their contact agreed that continuing with the account and claim should not be a problem, but this afternoon I was contacted by another DWP staff member who has sent me a BF56 form (via my son’s UC account) to complete as an appointee.
Is this correct, is this the right form? It asks for new bank details etc, which we are happy to provide but I want to ensure that this is the right process for a Deputy. The DWP contact did not ask for the COP document or make any reference to this.
Both my daughter and I are named on the COP severally but the BF56 form only allows for one person to be named.
Any comments or advice would be much appreciated.
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- David
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4 days 21 hours ago #312167 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC - Deputies with Court Order Protection Document
Hi JMC
The following is the guidance from the DWP regarding a Deputy created by the Court of Protection :-
Deputy (England and Wales)
A Deputy is appointed by the Court of Protection in England or Wales to act on the
claimant’s behalf if they are incapable of managing their financial affairs or personal
welfare. Deputies appointed to act on the claimant’s behalf in relation to financial
matters can act on all their dealings with the Department.
The Court of Protection will issue an order which must include the validation stamp
and seal on the front page for it to be valid. They will also inform the Deputy that the
claimant’s benefit must not be paid into the Deputy’s own personal account.
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V12-0.pdf
There is nothing to prevent you from being a DWP Appointee as well though being a Deputy in itself gives you the right to administer your son's DWP Benefits.
Let me know how you get on.
David
The following is the guidance from the DWP regarding a Deputy created by the Court of Protection :-
Deputy (England and Wales)
A Deputy is appointed by the Court of Protection in England or Wales to act on the
claimant’s behalf if they are incapable of managing their financial affairs or personal
welfare. Deputies appointed to act on the claimant’s behalf in relation to financial
matters can act on all their dealings with the Department.
The Court of Protection will issue an order which must include the validation stamp
and seal on the front page for it to be valid. They will also inform the Deputy that the
claimant’s benefit must not be paid into the Deputy’s own personal account.
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V12-0.pdf
There is nothing to prevent you from being a DWP Appointee as well though being a Deputy in itself gives you the right to administer your son's DWP Benefits.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JMC
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2 days 21 hours ago #312199 by JMC
Replied by JMC on topic UC - Deputies with Court Order Protection Document
Hi David
Further complication to my earlier note. My sons claim was set up by the Council as they were his appointees, we have now taken over as COP protection deputies.
The council checked with their JCP contact who confirmed that the claim can continue and they can change our contact details. he Council actually sent them a copy of our COP. However, I have received two phone calls from JCP since last Friday, and a message on my son's UC journal that this claim must close and a new claim be made as the appointees have changed. Each time some one has spoken to me, I refer them back to their colleague that confirmed the claim could continue. I then get a call from a different person telling me it has to close!!! I am happy to provide you the name of the job Centre plus if this would help. I am not sure how we resolve this.
Further complication to my earlier note. My sons claim was set up by the Council as they were his appointees, we have now taken over as COP protection deputies.
The council checked with their JCP contact who confirmed that the claim can continue and they can change our contact details. he Council actually sent them a copy of our COP. However, I have received two phone calls from JCP since last Friday, and a message on my son's UC journal that this claim must close and a new claim be made as the appointees have changed. Each time some one has spoken to me, I refer them back to their colleague that confirmed the claim could continue. I then get a call from a different person telling me it has to close!!! I am happy to provide you the name of the job Centre plus if this would help. I am not sure how we resolve this.
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- David
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1 day 19 hours ago #312209 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC - Deputies with Court Order Protection Document
Hi JMC
Someone in the DWP is making a big mistake and the UC claim should not be closed when an Appointee changes or is removed.
If you tell me your town or county of residence I can find the senior DWP official's email so that you can make a complaint.
David
Someone in the DWP is making a big mistake and the UC claim should not be closed when an Appointee changes or is removed.
If you tell me your town or county of residence I can find the senior DWP official's email so that you can make a complaint.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JMC
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1 day 17 hours ago #312214 by JMC
Replied by JMC on topic UC - Deputies with Court Order Protection Document
Thank you David. My son lives in Caterham.
Today his journal says, "a visiting officer will receive your completed BF56 form. (which they attached to the message) I’ve passed your ID to them so a home visit can be arranged to complete the process".
I assume this is to confirm who we say we are as deputies (the form I received refers to Appointees) I don’t know how long this will take and I understand that his payments will be suspended whilst we wait on this visit. Is that correct.
Also, the council told PIP of the change in a letter, but PIP have not contacted us so imagine his PIP payment may also stop? I do not live with my son, he lives in supported living so I am unsure if they will talk to me unless he is present?
Apologies for all these questions but this has become complicated and worrying.
Many thanks JMC
Today his journal says, "a visiting officer will receive your completed BF56 form. (which they attached to the message) I’ve passed your ID to them so a home visit can be arranged to complete the process".
I assume this is to confirm who we say we are as deputies (the form I received refers to Appointees) I don’t know how long this will take and I understand that his payments will be suspended whilst we wait on this visit. Is that correct.
Also, the council told PIP of the change in a letter, but PIP have not contacted us so imagine his PIP payment may also stop? I do not live with my son, he lives in supported living so I am unsure if they will talk to me unless he is present?
Apologies for all these questions but this has become complicated and worrying.
Many thanks JMC
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- David
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1 day 15 hours ago #312219 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC - Deputies with Court Order Protection Document
Hi JMC
I think the best way to resolve the muddle is to email the DWP senior manager for your area who is Tilini Sharland and her work email is This email address is being protected from spambots. You need JavaScript enabled to view it.
Describe as you have to me the inconsistencies of advice from DWP staff and that you have been awarded a Deputyship from the Court of Protection.
When you email Tilini you should get a quick response as she has a PA dealing with her corresondence.
Let me know how you get on.
David
I think the best way to resolve the muddle is to email the DWP senior manager for your area who is Tilini Sharland and her work email is This email address is being protected from spambots. You need JavaScript enabled to view it.
Describe as you have to me the inconsistencies of advice from DWP staff and that you have been awarded a Deputyship from the Court of Protection.
When you email Tilini you should get a quick response as she has a PA dealing with her corresondence.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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