Universal Credit - is removing appointee wise

brenton4

Hi,

I'm an appointee for my son who's on UC and DLA and has been for over 5 years (ASD). Except for the fact that I've never been officially appointed according to the UC who have just telephoned.

They either want us to come for an interview at a job centre to confirm the appointment, which he will find challenging, or for him to declare he can manage more or less wiith my support and therefore doesn't need an appointee.

My/our concern is that if we say he's fully capable even with support then that somehow leads to consequences of him being declared capable to work or some such. I may just be paranoid over this.

I wonder if anyone has gone through this or knows more?

pmduk

Do you have the documentation from when you were originally declared his appointee? (BF57). If so, then UC should accept this. Either way, a decision that  he is capable for work will only be made after a work capability assessment.

NedS

It is normal for a parent to be an appointee for any child in receipt of DLA as the child is unable to deal with DWP themself. Once that child reaches adulthood and makes a claim for UC, DWP will need to confirm if an appointee is still appropriate or if the young adult is now capable of managing their own affairs.

Do you believe your son has the capacity to manage their own UC account and understand the consequences of doing so? If so, then they should be allowed to do that with your support. If not, then you should remain as an appointee and manage their affairs for them. The appointment with DWP will help you determine which is the case.

If you remain as an appointee, you will be required to attend all DWP appointments with your son. If you are removed as an appointee, DWP should clearly note complex needs on their UC claim and any reasonable adjustments required to help your son interact with DWP and the UC service.

As stated above, only a Work Capability Assessment (WCA) can find your son unfit for work, so he would need to provide fit notes from his GP and undergo a WCA if he believes he is unfit for work. Otherwise, DWP should provide support to help him into work or to prepare for work at some point in the future.

brenton4

I wasn't originally officially declared his appointee via the UC, I think it carried over (somehow) from DLA. He has been found unfit for work. 

I just found it bizarre that they suddenly noticed this years later.

Anyway we have decided to go and be officially appointed an appointee. Thanks for your comments.