Appointee

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  • #22445
    Anonymous
    Guest

    We currently have a large number of claimants who came out of the care regime in 2003 and were housed in the community.

    These claimants are unable to act on their own behalf and until recently had one lady who was the appointee for all of them. This lady works for a company called who offer support etc.

    A request has now come in to add other workers from this company to the appointee ‘list’ to enable other people to cover for her.

    Can a company be made an appointee or must it just be one individual

    Thanks

    #8063
    Kevin D
    Participant

    My initial gut reaction was that an appointee must be an individual. Then I looked at the reg….. 🙂

    [b:ad684bef22]HBR 82(3)[/b:ad684bef22] states.

    [quote:ad684bef22](3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, [u:ad684bef22]if a natural person, is over the age of 18[/u:ad684bef22], appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him. [/quote:ad684bef22]

    In the normal run of things, a “person” can be either an individual, or a “body” (e.g. company / corporation / organisation etc).

    When I first saw the reference in HBR 82(3) to a “natural person”, my instant thought was that an appointee must be an individual. However, on further reading, it seems clear that:

    1) the words “[u:ad684bef22]if[/u:ad684bef22] a natural person” indicate that there may be other kinds of persons.

    2) the reference to “natural persons” is only in the context that if an appointee happens to be a natural person, they must be aged 18.

    So, in summary, I’d say that a company can be an appointee.

    However, an LA does not necessarily have to agree to a particular person being an appointee. It is discretionary.

    Next, before accepting anyone as an appointee, I always write to the person making it expressly clear that although they have all the rights of a claimant, they also have all the responsibilities & duties – including liability for recoverable overpayments. It’s amazing how many applications are withdrawn once a prospective appointee realises they could be financially liable…..

    Hope the above helps.

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