Reply To: Appointee or Deputy


Ok, so carrying on the theme of a deputy – our customer was awarded a personal injury award in 2003, from this a house was purchased for them to live in and the remainder was paid the Court Funds Office and later invested.

In 2018 the house was sold as it was no longer suitable to our customers needs. They moved to a rented bungalow a short distance away. The proceeds from the sale of the house were paid into a normal current account held for the customer in the name of the deputy; this was in excess of £100,000. As I said, this appears to be a normal current account with payments made from it to utilities, SKY TV etc and has DWP benefits paid in to. As ESAIR was in payment HB was awarded from 2018 when the customer moved to the bungalow as all capital disregarded.

In 2022 the DWP decided to end ESAIR from when the sale proceeds were paid into the current account as they appear to be saying it is no longer money from a personal injury payment that is administered by a deputy for the Court of Protection. We have reassessed the HB awarded for the bungalow from 2018 when ESAIR has been ended from for the same reasons.

Does this sound right? Having checked Schedule 6 I think it is.