16 Year Appointee

I hope you can offer advice as I am coming to my wits end. My son was awarded higher mobility from 2007. He turned 16 years old in February I am getting very confused. Firstly, I was unable to get assistance with DIAL to assist me with the completing the renewal form and had to complete the form on my own. I sent all his background hospital letters and reports both by fax and recorded delivery. The form sent by post took about 3-4 weeks to get to the right section. I was advised that because he had turned 16 years old, he would need a visit from DWP to ascertain whether he needed me to act as an ‘Appointee’ for him as he was now a young person and they wanted him to manage his DLA affairs on his own. For example, complete the form and ring them if he wanted to talk to them, although if he wanted me to support him with completing the forms and talk to them for him, I could do that from the background. The visiting officer said that I would be taking away his right not to be able to manage his money or DLA affairs if I felt he would not manage his affairs from DLA (if reawarded), I would have to take him to the GP to get him mentally assessed as he was not capable. I asked her would the GP be aware of the actual assessment that she wanted and she said ‘no’.

I asked her to clarify why child benefit and tax credits were not awarded to 16 years old and why I was still being held responsible to make sure he attended school otherwise Education Welfare would issue me with PCN for his non attendance. She spoke in his presence about this so-called mental health assessment and asked him if he was capable of managing money. Obviously he said yes. She said that he could still have the money paid into my account. At the end, she completed the form herself and the statement noting that he wanted the award paid into my account saying that he did not need an appointee and told him to sign the form. She also could not answer exactly what financial affairs he was meant to have been managing prior to his 16th birthday or as I was still taking him and collecting him from school, was he meant to now decide when he was giving me money to put petrol in my car to ferry him around. I would have thought that this would be applicable to 16 years who were estranged from home and not 'children' who are still dependent at home. Is this correct?

hi,

I'm afraid that appointees isn't an area on which I have any specialist knowledge. I can only suggest that you contact an advice agency.

Good luck,

Steve

Different benefits have different rules and for DLA its 16 when you fill in the form saying you want to be his appointee they contact the nearest job center plus and someone from there will contact you and visit they will want to see both you and your son ..... they will ask a few questions and if you both the regs

ie he cant look after his money and you can, they will sign it off, once done it will also kick in as he gets older if needed for other benefits

IMO the best way of doing it, is the money is paid into your account then you pay what he will be using into another account for his daily use and access

if you get dla now it will be paid to you till renewal date, but if paper work not done in time they will hold on to money after renewal date till paperwork is sorted

Hi ladyanne, I aympathise with your struggle.

I'm also looking for an answer to the same question. My son has epilepsy and learning difficulties and is soon to be 16 so I'm currently filling in the DLA adult form to renew his claim.

My son has limited comprehension skills and no maths ability so obviously can't understand complex issues about benefit claims and handling money, paying bills, etc.
Although he does not have the ability to manage his affairs, and I clearly have filled in the form on his behalf, I could just get him to mark the page with his name but I don't think that makes him capable. He can write his name, but can't understand what he's signed.

Have anyone else had problems becoming an appointee?

www.dwp.gov.uk/publications/specialist-g.../management-ld.shtml

Legal Protection
In practice, most people with learning disability are supported by family or carers with managing money, budgeting and paying bills.

Mental Capacity Act 2005
The Act states that everyone is assumed to make decisions for theirselves unless shown otherwise. If it is not clear whether someone has the capacity to make a decision concerning a specific issue an assessment of their capacity should be carried out.

I think the idea is to encourage the person with learning disability to become more independent. I think in my son's case as he is probably classed as mild learning difficulty. So, I plan to talk over the form with him and he can sign it. Then if there's any question about his ability to understand, I'll explain that I am supporting him in being to handle his own money. He will get some help with money issues when he goes onto a Foundation Pathways course which starts in September. I will back it up with making him aware of the need to budget as living expenses have to be paid for as he assumes responsibility for his money.

Maybe if the adult lacks capacity as they have more severe difficulties, then maybe that is when an appointee is required?

Sorry, I'm having a conversation with myself and getting confused.

Just phoned up BEL Benefits Enquiry Line. I think there has to be sufficient understanding and ability to complete forms for the claimant to sign for theirselves.

To be honest, I'm having trouble myself and I used to work in an office.

So, I would like to ask the question, if the claimant has a specific learning disability which makes it unreasonable for them to manage their affairs, and this is also part of the reason why they are claiming DLA, then does someone else need to sign for them?

Or could they sign the form, and their family or carer will support them with managing money, budgeting and paying bills?

The reason I ask is that the DWP will interview the claimant and appointee to make sure there is no manipulation going on and the money will be used for the direct benefit of the claimant. I personally would be happier it going direct to my son.