Removing appointee with DWP

Hello, 

An appointee is registered on my mother in law Attendance Allowance claim 

The mother in law is now living with me. I have contacted DWP to remove the appointee but they said only the appointee himselve can ask it to removed. Is that true? 

My mother in law is not benefiting from the payments and the appointee is receiving them free and using them for his own use. 

What should I do? 

I would like appointee to be removed or changed. 

Thanks
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Comments

  • elsien
    elsien Posts: 32,311
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    The appointee does generally have to agree to give up the position. You need to be clear with the DWP that the appointees is acting fraudulently if you believe that to be the case.
    what is happening with her state pension if she gets one - is there an appointee for that as well?

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • poppy12345
    poppy12345 Posts: 17,742
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    No, this isn't correct. Your mum can contact DWP to tell them that the appointee is not using the benefit payments in your mum's best interests and she would like to have the appointee removed. https://www.scope.org.uk/advice-and-support/removing-an-appointee/

    If she doesn't get any joy with this then i'd advise you or her to contact her local MP and they should be able to contact DWP on her behalf. https://www.parliament.uk/about/contacting/mp/



  • superM
    superM Posts: 329
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    No, this isn't correct. Your mum can contact DWP to tell them that the appointee is not using the benefit payments in your mum's best interests and she would like to have the appointee removed. https://www.scope.org.uk/advice-and-support/removing-an-appointee/

    If she doesn't get any joy with this then i'd advise you or her to contact her local MP and they should be able to contact DWP on her behalf. https://www.parliament.uk/about/contacting/mp/



    There is no mention about this on gov.uk. It mentions appointee to contact DWP. 
  • elsien
    elsien Posts: 32,311
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    edited 28 September 2023 at 7:39PM
    I am basing my reply on a situation where the local authority became aware that an appointee was keeping the money themselves. Complicated by the fact that they were not sure which of two people was the appointee. DWP completely refused to talk to the local authority, or share information then took months to sort it out. The only agreed to a new referring to when it became clear that the original one had lost capacity themselves.
    The DWP may also refuse to give information to the client themselves on the basis that they lack capacity hence the appointee. 

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • superM
    superM Posts: 329
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    The address has been changed. She use to live with the appointee which is the other son. 

    Couldn't the DWP visit her and confirm where she lives. Obviously the people who she is living with will be the main carer and the appointee for her. 

    DWP makes things really difficult 
  • elsien
    elsien Posts: 32,311
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    There’s nothing obvious about where she lives being the appointee. There’s a lot of people who are the appointee for someone who doesn’t live with them. And the DWP aren’t in the business of trying to work out family relationships.
    You need to report, the appointee as not acting appropriately with any evidence that you have.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • superM
    superM Posts: 329
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    I have sent a letter to DWP asking to remove thr appointee. Also change bank details or suspend payments until the matter is resolved. They have received a letter and it was referred for a visiting officer to be booked.

    A few weeks later I called DWP as I have not heard anything more. They managed to completed secutity check with the claiment and updated address and bank details.

    Today was the payment date, obviously the appointee did not receive the money so he called DWP. I guess managed to change bank details again.

    DWP just left a voice message to say they cannot remove appointee without a letter from the appointee. The appointee will never send the letter he is gettting free money.

    I am not sure what would be the next step. Can anyone advise please? 
  • elsien
    elsien Posts: 32,311
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    edited 13 November 2023 at 9:22AM
    I think a formal letter of complaint to the DWP - you need to clearly evidence that your MIL is not receiving any of the money she is entitled to. You could also raise a financial safeguarding with the local authority - they have no power to insist that the DWP change appointee either but it could add weight to your concerns. It may be that they have not grasped the full picture and they have not understood that MIL is not getting any money from the appointee. So evidence when she came to you, the attempts you have made to ask the appointee to access her money, and what reasons/refusals they have given.
    They can remove an appointee without their consent but they seem incredibly reluctant to do so in my experience.
    Complaints procedure - Department for Work and Pensions - GOV.UK (www.gov.uk)

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • superM
    superM Posts: 329
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    Thank you I will raise the complaint.  Can Power of attorney overide the appointee? 
  • elsien
    elsien Posts: 32,311
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    edited 13 November 2023 at 7:30PM
    Is there a power-of-attorney, and if so is it for finances or health and welfare?
    I am presuming that your mother-in-law lacks capacity because there is an appointee in place. However, if she is able, there’s nothing to stop here from phoning up the DWP and saying she wants a different appointee.
    With regards to power-of-attorney, first of all your mother-in-law has to agree that she wants one. Then she has to have capacity to complete one. She may choose someone else to be her attorney rather than you or she may choose joint attorneys. Or she may choose not to have a power of attorney at all. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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