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welfare rights
Help to claim and manage money

People with learning disabilities often need to be supported are of working age, their means-tested
over their benefit claims. Charlie Callanan looks at getting benefits may be reduced if their savings
rise above £6,000 and, if savings go above
advice and how to act on someone’s behalf £16,000, their means-tested benefits will
be stopped.
For a client of pension age, capital
ooking after welfare benefits can put worth over £10,000 will affect their
a huge stress on people. However, means-tested benefits.
Lprofessionals who work with people The process to become an appointee
with a learning disability can help clients involves completing form BF56, followed
manage their benefits in various ways. by the prospective appointee attending an
Common types of everyday help given interview with a DWP official and the
by professionals will usually involve disabled person.
assisting people with processes such as
making benefit claims or completing forms Power of attorney
(eg the capability for work questionnaire). A power of attorney is an option that
Where a claimant is mentally capable of means you can manage both the welfare
doing these tasks, the responsibility for benefits and the broader financial affairs
their benefits remains with them. of a person with a learning disability.
However, many people who are less able In England and Wales, this is called a
to understand and manage their benefits lasting power of attorney (LPA) for
will need some help to claim and maintain property and financial affairs (similar
their benefit awards. powers are available in Scotland and
Advice workers and other professionals Coin control: appointees should try to maximise Northern Ireland). The client can make an
can telephone the Department for Work their clients’ income from welfare benefits LPA only while they still have the mental
and Pensions (DWP), even without the capacity to make decisions.
client being present, to discuss issues or act on the claimant’s behalf regarding all However, an attorney can help them
problems about a benefit claim. of their DWP benefits. with benefits and other money matters
If an advice worker is able to provide An appointee may be personally known even if they have mental capacity. An
enough personal information and details to the claimant, such as a relative or attorney can assist with matters of the
about the issue (eg the date of a recent friend, or may be a professional, for client’s choosing, including managing
DWP decision), the DWP should accept example an employee in the council’s welfare benefits and pensions, paying
they have implicit consent from the client social services department. bills, arranging repairs to the client’s
to discuss their case. The appointee has all the rights and property and investing money.
responsibilities the claimant would have The attorney should keep accounts to
so they should do certain things. They show what monies have been spent or
Attorneys can assist with must inform DWP of any material changes given to the client, and how much money
to the client’s circumstances, for example
is available in bank accounts and
matters including managing about increases and decreases in their investments. This protects both the client
money, paying bills and capital (eg savings), or any deterioration and the attorney.
arranging home repairs or improvements in their disability. In cases where the client no longer has
The appointee should try to maximise the or has never had the capacity to manage
client’s income from any benefits to which their finances and does not have an LPA in
they are entitled. This may involve getting place, an application to the court of
However, in universal credit, the a benefit check from a welfare rights protection for a financial deputy to be
enquiry helpline will not discuss anything adviser; it could be to check the correct appointed can be made instead.
with anyone other than the client about level of means-tested benefit is being paid As always, where the client’s position is
their claim unless they have given explicit or that the level of disability benefit complex or if they need more expert
consent to another person. The client can award, such as a personal independence advice, the help of an experienced welfare
give this consent verbally or in writing in payment (PIP), is still appropriate. rights adviser should be sought. n
their universal credit journal. If any letters or forms are sent to the l HM Government. Make, Register or End
They must state what information they appointee that require a response, such a Lasting Power of Attorney. https://www.
want to be disclosed, why it is needed and as a PIP review form, the appointee gov.uk/power-of-attorney
the details of the person and/or should act on these. The appointee l HM Government. Become an Appointee
organisation who is assisting. should, of course, provide money for the for Someone Claiming Benefits. https://
client to live on and may have to pay bills www.gov.uk/become-appointee-for-
Appointees on their behalf. someone-claiming-benefits
If you become a DWP appointee, the issue Some clients like to build a nest egg for l Mencap. Appointees, Deputies and
Seán Kelly of consent is not a problem. Anyone who future security. However, the appointee Power of Attorneys. https://tinyurl.com/
dzsbmwup
should make them aware that if they
holds an appointeeship is authorised to
www.cl-initiatives.co.uk Community Living Vol 34 No 4 | Summer 2021 7