Appointeeship and Deputyship

1. Using this Procedure

This procedure should be used when a person may require support to manage their property or affairs and:

1. The need for a corporate appointeeship or Deputyship is being considered; or
2. A corporate appointeeship or Deputyship application is to be made; or
3. The Local Authority is already acting as a corporate appointee or Deputy.

The procedures will support practitioners to understand:

1. The role of a corporate appointee;
2. The role of a Deputy;
3. How to refer to the Service User Financial Management Team;
4. Their own role and the role of the Service User Financial Management Team in making the relevant application; and
5. Their own role and the role of the Service User Financial Management Team in managing a corporate appointeeship or Deputyship.

Although this procedure may be helpful to those people based within the Service User Financial Management Team, it does not provide specific guidance to support the functions and processes of the team. Anyone based in the team should refer to available local processes at all times.

2. The Role of a Corporate Appointee

A corporate appointee is responsible for making and maintaining any benefit claims on behalf of a person who cannot do so because:

1. They lack capacity to claim or manage benefits; or
2. Their physical disability prevents them from being able to do so.

The role includes:

1. Claiming all DWP benefits that the person may be entitled to;
2. Collecting all benefits into a designated account;
3. Reporting changes in circumstances; and
4. If a person lacks capacity, managing and spending benefits in their Best Interests; or
5. Where the person does not lack capacity, managing and spending benefits in line with their wishes; unless
6. Spending is not an appropriate use of the benefit.

For the purpose of appointeeship the main benefits are:

1. Attendance Allowance;
2. Disability Living Allowance;
3. State Pension; and
4. Personal Independence Payment.

3. The Role of a Deputy

When a person lacks capacity to make decisions for themselves, a Deputy is a person or organisation appointed by the Court of Protection to:

1. Make general or specific decisions as set out by the Court; and
2. Take steps to implement those decisions.

A Deputy must apply the 5 statutory principles of the Mental Capacity Act 2005 and must only make a decision that is in the Best Interests of the person.

Further information about Deputies can be found in the Mental Capacity Act 2005 Resource and Practice Toolkit by clicking here.

4. Referring to the Service User Financial Management Team

When a referral should be made

A referral should be made when:

1. A mental capacity assessment has established that the person lacks capacity to manage one or more elements of their property or affairs (see below); or
2. The person has capacity but is prevented from managing their affairs because of a physical impairment; and
3. There is no other appropriate person (family member, friend, Donee of a Lasting Power of Attorney or Deputy) who is already managing, or authorised to manage those affairs; or
4. The person managing those affairs is not meeting the requirements of their role; and
5. There is no other appropriate organisation available (e.g. a third party organisation or a solicitor).

When the Service Users Financial Management Team (SUFMT) are to be the deputy or appointee for a person then SUFMT should be given a full panel paper copy (so that they can see decision and outcome) on the day of the panel decision. SUFMT will then have the authority to call the Adult Social Care worker to a meeting to discuss any matters in order to ascertain key details and ensure the SUFMT officers can carry out the next steps.

If it is not clear whether a referral should be made you should seek the support of your line manager or contact the Service User Financial Management Team to discuss prior to doing so. Their contact details are;

Telephone: 020 8726 6000 ext 47580
Email: sufmt@croydon.gov.uk

Establishing if there is already a Deputy or Donee of a Power of Attorney

A referral to the Service User Financial Management Team should not be made until you are certain that there is no Deputy or Power of Attorney authorised to act.

It is important to establish the existence of a Deputy or Donee of a Power of Attorney (Lasting or Enduring) because if they do exist and have the authority to act upon the matter in question they have a legal requirement to do so unless the Court of Protection has given them permission to delegate this to someone else.

Sometimes there will be evidence already recorded on Local Authority recording system that confirms there is a Deputy or Donee of a Lasting Power of Attorney authorised to act. In all other cases, the sealed Lasting Power of Attorney or Court Order should be requested as evidence.

However if this cannot be provided you should complete form OPG100 to request t confirmation of the person’s legal status from the Office of the Public Guardian.

Once you have established there is a Deputy or a Donee of a Lasting Power of Attorney you must be satisfied that they are authorised to provide the support that the person needs with their property and affairs at that time. This information will be set out in the Lasting Power of Attorney or Court Order. If you are unsure of the authority given, seek legal advice.

If they are authorised to make the decision that needs to be made, the Donee of a Lasting Power of Attorney or Deputy should make arrangements do so (unless, in the case of Deputies only the Court of Protection has given them permission to delegate this to someone else).

If there is a Deputy or Donee of a Lasting Power of Attorney but they are not authorised to act on the matter in hand see Section 5, If there is already a Deputy for Property and Affairs.

Click here to access the latest OPG100 form, which can be printed or completed electronically.

Property and Affairs

Some examples of things that can be described as property and affairs include but are not limited to:

1. Managing money;
2. Claiming benefits and pension;
3. Managing bank accounts and utilities;
4. Managing debt;
5. Buying and selling property;
6. Holding a tenancy;
7. Management of property (e.g. carrying out maintenance work);
8. Managing a business or trade.

A Deputy has a legal requirement to act on matters they have been given the authority to act upon unless the Court of Protection has given them permission to delegate this to someone else, or where there are 2 Deputies able to make the decision and authorised to do so severally (independently of each other).

Making a referral

All referrals should be made using the online Application for Appointeeship/Deputyship Form. This can be accessed by clicking here.

In addition to the referral form you should provide copies of any additional evidence, for example:

1. A mental capacity assessment;
2. A needs assessment;
3. A letter of relinquishment from a current appointee;
4. An OPG100 response from the Office of the Public Guardian

You should only:

1. Submit evidence prepared by yourself, or the Local Authority; unless
2. The relevant organisation or person has given consent for it to be shared (for example the ICB or the current appointee).

Any evidence not submitted with the application form should be emailed to the Service User Financial Management Team using sufmt@croydon.gov.uk.

After making the referral

The Service User Financial Management Team will decide, based on the information provided to them in the referral whether to apply for:

1. Corporate appointeeship;
2. Deputyship; or
3. Neither a corporate appointeeship nor Deputyship.

You should make appropriate arrangements to:

1. Monitor the outcome of the referral; and
2. Provide support to the Service User Financial Management Team with any subsequent application that is made to the DWP or Court.

5. If there is already a Deputy for Property and Affairs

If there is a Deputy or Donee of a Lasting Power of Attorney with the authority to act on the matter in question they should make arrangements do so unless the Court of Protection has given them permission to delegate the role to someone else.

If there is already a Deputy for Property and Affairs but they are not authorised to act on the matter in hand you should discuss whether they are able to approach the Court of Protection to seek an addition to the original order of authority that was made.

If the Deputy declines to approach the Court, you should raise this with your line manager and take steps to notify the Office of the Public Guardian (OPG). The OPG will investigate the concerns and determine whether the Deputyship should be revoked.

If a Deputy or Donee is declining to act when they have a responsibility to do so, or has asked another person to act on their behalf you must take steps to:

1. Report this to the Office of the Public Guardian; and
2. In the case of a Deputy, apply to the Court of Protection to make a determination about the matter.

6. If there is already an Appointee

Using this section of the procedure

This section of the procedure should only be used when:

1. The person's ability to claim benefits is in question; and
2. The person's ability to manage all other aspects of their property and affairs is not in question; and
3. The person already has an appointee.

In all other cases a referral should still be made to the Service User Financial Management Team, making it clear in the referral information provided that the person already has an appointee.

If there is already an appointee

If there is already an appointee you should not make a referral to the Service User Financial Management Team unless:

1. The appointee wishes to relinquish their role; or
2. The appointee is not fulfilling the role as required; and
3. The appointee would likely not be able to do so, even with support.

If the appointee wishes to relinquish their role

Family members and friends

Appointeeship is a voluntary role and if a family member or friend no longer wishes to act they are able to relinquish it at any time.

The appointeeship role is not relinquished until they have:

1. Provided formal notification of their intention to relinquish the role to the DWP; and
2. The DWP has confirmed in writing that they are no longer an appointee.

The appointee can either provide the notification of intention letter:

1. Directly to the DWP using the address provided at the top of the most recent benefits correspondence they have been sent; or
2. To you, for submission as part of the referral to the Service User Financial Management Team.

The letter must state:

1. Their name;
2. The name of the person claiming benefits;
3. That they wish to relinquish the appointeeship role;
4. When they wish to relinquish the appointeeship role from (for example 'the date that the Local Authority becomes corporate appointee'); and
5. Be signed.

If the letter is being provided directly to the DWP the referral to the Service User Financial Management Team should clearly state that the current appointee has written to the DWP setting out their intention to relinquish their role.

Deputy's and Lasting Powers of Attorney

If there is a Deputy or Lasting Power of Attorney acting as an appointee as part of their role they cannot relinquish the appointeeship unless the Court of Protection has given them permission to do so.

If a Deputy or Donee is declining to act when they have a responsibility to do so, or has asked another person to act on their behalf you must take steps to

1. Report this to the Office of the Public Guardian; and
2. In the case of a Deputy, apply to the Court of Protection to make a determination.

If an appointee wishes to continue the role

Family and friends

If a family member or friend already acting as an appointee wishes to continue the role the referral to the Service User Financial Management Team should only be made if:

1. They are not meeting the requirements of the role; and
2. The appointee would likely not be able to do so, even with support.

Before proceeding to make the referral you should consider whether it would be more appropriate to:

1. Provide them with information and advice to support them to meet the requirements of the role; and
2. Monitor how they are carrying out the role; before
3. Making a referral to the Service User Financial Management Team.

If it is not appropriate to provide support (or if the provision of support has not enabled them to meet the requirements of the role) you should explain:

1. That you will be making a referral to the Service User Financial Management Team for them to consider the best course of action; and
2. That it is likely a letter will be written to the DWP disclosing the concerns and recommending they are relinquished from their role;
3. That the DWP will consider the information provided to them to make the final decision; and
4. Depending on the nature of the concerns, the DWP may suspend the payment of benefits pending their decision.

You should then proceed to make the referral to the Service User Financial Management Team.

In the referral you should:

1. State the name of the current appointee;
2. Describe the concerns that you have about their ability to meet the requirements of the role; and
3. Explain the support that you have provided to try and enable them to do so.

Deputies or Lasting Power of Attorney

You cannot proceed to make a referral to the Service User Financial Management Team when a Deputy or Lasting Power of Attorney is acting unless the Court has given permission for them to relinquish the role.

Another corporate appointee

All corporate appointeeship organisations (including third party sector organisations and solicitors) have to be approved by the DWP prior to being granted an appointeeship.

If you believe that another corporate appointeeship organisation is not meeting the requirements of the role you should write to the DWP, setting out the nature of your concerns.

The DWP will consider the information, and consult the organisation before making a decision about the appropriateness of the current corporate appointeeship.

7. If a Person does not Consent to the Referral

If the person lacks capacity

A referral to the Service User Financial Management Team can proceed when a person who lacks capacity to manage the property and affairs in question, so long as:

1. A decision has been made that the referral is in their Best Interests; and
2. A Deputy or Lasting Power of Attorney (who is not required to fulfil the role themselves) does not disagree with the referral.

If a Deputy or Lasting Power of Attorney (who is not required to fulfil the role themselves) disagrees with the referral the matter must be decided by the Court of Protection.

If the person has capacity

A referral to the Service User Financial Management Team cannot be made when a person:

1. Has capacity to claim and manage their benefits; but
2. Has a physical disability that prevents them from doing so; and
3. Does not provide consent for the referral.

In this instance you should provide information and advice to support the person to understand:

1. The role of the Service User Financial Management Team;
2. The role of a corporate appointee;
3. The benefits of having a corporate appointee; so that
4. They can re-consider their position around consent.

If the person continues to refuse consent you should explain that:

1. You will be notifying the DWP in writing of the concerns you have around their ability to claim or manage benefits; and
2. That the DWP will consider this information to make the final decision about the need for corporate appointeeship; and
3. That the DWP will likely want to visit the person to discuss the need for a corporate appointeeship; and
4. Depending on the nature of the concerns, the DWP may suspend the payment of benefits to the person pending their decision.

If the person continues to refuse consent you should:

1. Write to the DWP, setting out your concerns and why there is a need for a corporate appointee; and
2. Provide a copy of the letter to the person.

8. Using another Corporate Appointee Organisation

Using this section of the procedure

This section of the procedure should be used when:

1. The person's ability to claim benefits is in question; and
2. There is another organisation able to act; and
3. The person has agreed to meet the costs of using that organisation; or
4. The Local Authority has agreed that the person can use their personal budget for this purpose (exceptional circumstances only).

The role of the Service User Financial Management Team

A referral to the Service User Financial Management Team should not be made unless the person's ability to manage other elements of their property and affairs is also in question.

In this instance a referral to the Service User Financial Management Team should be made alongside any referral that is made to a corporate appointeeship organisation, making it clear in the referral information that a corporate appointee organisation is also being arranged.

Using another corporate appointee organisation

If there has been agreement to use another corporate appointee organisation you should contact the relevant organisation directly to establish their referral process.

When the corporate appointee organisation has confirmed that they are claiming the person's benefits you should:

1. Add an appropriate 'relationship' status with the details of the appointee organisation; and
2. If a personal budget is being used to meet the costs of the appointee organisation, complete a service agreement.

9. Applying for Corporate Appointeeship

Using this section of the procedure

This section of the procedure should be used when:

1. A referral to the Service User Financial Management Team has been made; and
2. The Service User Financial Management Team has determined that a corporate appointeeship application is needed.

Form BF56

All corporate appointeeship applications must be made using form BF56.

A downloadable word version of form BF56 can be accessed by clicking here.

You should complete Part 1.

You should then email the form and any other outstanding information to the Service User Financial Management Team using sufmt@croydon.gov.uk.

Upon receipt of form BF56 and supporting evidence the Service User Financial Management Team will complete:

1. Part 3;
2. Part 4;
3. Part 5; and
4. Submit the application and supporting evidence to the DWP.

The timeframe for making a decision

There is no statutory timeframe in which the decision must be made, but from the point that they receive an application it can take the DWP around 12 weeks to make a decision about an appointeeship.

During this time they will:

1. Consider the information and evidence;
2. Arrange to interview the person, or any existing appointee wherever they feel this is necessary; and
3. Request further information as required; and
4. Make a decision about corporate appointeeship.

It is the responsibility of the Service User Financial Management Team to:

1. Monitor the progress of any application made; and
2. Advise you of the outcome when known.

When the decision is made

The DWP will decide either the Local Authority:

1. Will be granted corporate appointeeship; or
2. Will not be granted corporate appointeeship; and
3. Will notify the Service User Financial Management Team of the decision.

If the DWP agree the corporate appointeeship notification will be through the provision of a form BF57, which will:

1. Confirm the appointment;
2. Provide the date that the appointment began;
3. Provide details of the first payment; and
4. Provide details of subsequent payments.

The DWP will also:

1. Write to the person to notify them of the appointment; and
2. Write to any previous appointee where their role has been relinquished or ended.

If corporate appointeeship is agreed

The Service User Financial Management Team will contact you to advise that:

1. Appointeeship has been agreed; and
2. The date that the first benefit payment is to be made.

At this point an appropriate 'relationship' status should be added, clearly indicating that the Local Authority is the person's new appointee.

If the person lives in the community (as opposed to a care home) you will need to agree with the person (or their representative) a weekly budget, based on their regular expenditure.

This figure will need to be provided to the Service User Financial Management Team before the first benefit payment is made.

Click here to access the 'Agreeing a Weekly Budget' section of this procedure.

If corporate appointeeship is not agreed

The Service User Financial Management Team will contact you to advise that corporate appointeeship has not been agreed.

Depending on the circumstances of the person, if the DWP does not agree to grant corporate appointeeship you should:

1. Seek the advice and support of a line manager; and
2. Consider the need to monitor any other appointee arrangements that are in place; and/or
3. Consider the need to raise a safeguarding concern; and/or
4. Consider the need to challenge the decision.

10. Applying for Deputyship

Using this section of the procedure

This section of the procedure should be used when:

1. A referral to the Service User Financial Management Team has been made; and
2. The Service User Financial Management Team has determined that an application to the Court of Protection for Deputyship is needed.

The application process

The Service User Financial Management Team will manage the Court application process and complete most of the required forms. However you will be asked to support the application by completing the following forms:

1. COP3; and
2. COP24.

COP3

COP3 is the mental capacity assessment. If there have been no changes to the mental capacity assessment that was submitted during referral to the Service User Financial Management Team there is no need to carry out a further assessment. Instead, information from the existing mental capacity assessment can be duplicated onto the COP3.

COP24

COP24 is the witness statement. On the COP24 you should provide written evidence to support the reasons that a Deputy application is being sought

Further guidance about completing a COP24 can be found in the Mental Capacity Act 2005 Resource and Practice Toolkit by clicking here.

All forms should be emailed to sufmt@croydon.gov.uk.

Notification forms

Based on the evidence provided the Court of Protection will decide to either:

1. Issue the application (begin proceedings); or
2. Decline to issue the application.

The Service User Financial Management Team will be notified of this decision.

At this point you will again be asked to support the team by issuing the following forms in person;

If you experience difficulty providing the forms to the people they are intended for you should seek the support of your line manager as required, and advise the Service User Financial Management Team.

After providing the forms you should notify the Service User Financial Management Team via sufmt@croydon.gov.uk. They will then complete forms COP20A and COP20B to advise the Court that the forms have been provided.

Note: The Court permits no longer than 14 days from the date that it issued the application to the time that completed COP20A and COP20B forms are returned.

The timeframe for a decision

It can take the Court of Protection between 6 and 12 months to authorise a Deputyship after receiving the application. The Service User Financial Management Team has no control over this timeframe and will notify you of the court's decision as soon as it is known.

If Deputyship is agreed

The Service User Financial Management Team will notify you that:

1. The Deputyship has been agreed; and
2. Whether or not they intend to appoint a Panel Deputy.

At this point an appropriate 'relationship' status should be added, clearly indicating whether that the Local Authority is the person's Deputy, and whether or not a Panel Deputy has been appointed.

You may be asked to provide additional information to support the Deputyship to work effectively.

If the Deputyship relates to managing income and expenditure and the person lives in the community (as opposed to a care home) you will need to agree with the person (or their representative if they lack capacity) a weekly budget, based on their regular expenditure.

This figure will need to be provided to the Service User Financial Management Team before the first regular payment is made.

Click here to access the 'Agreeing a Weekly Budget' section of this procedure.

If Deputyship is not agreed

The Service User Financial Management Team will contact you to advise that Deputyship has not been agreed.

Depending on the circumstances of the person, if the Court does not agree to grant Deputyship you should:

1. Seek the advice and support of a line manager; and
2. Consider the need to monitor any other arrangements that are in place; and/or
3. Consider the need to raise a safeguarding concern; and/or
4. Consider the need to challenge the decision.

11. Agreeing a Weekly Budget

Agreeing a weekly budget

To identify a weekly budget you should:

1. Identify all of the person's regular expenses; and
2. Consider how much money is required to meet those expenses; and
3. Agree which of those expenses they will manage, and which will be managed by the Local Authority (as corporate appointee or Deputy); and
4. Agree how the person will be supported to manage their regular expenses and any money made available to them; so that
5. The Local Authority provides the person with a regular amount of money to cover the expenses they will be managing; and
6. Those monies are used appropriately and safely to meet the costs of regular expenses.

Weekly budgets when a person lives in a care home

When a person lives in a care home most of their regular expenses are included in the fee paid to the care home. The amount of the weekly budget should therefore:

1. Only reflect the maximum amount of personal allowance payable; unless
2. The Local Authority has agreed that, based on exceptional circumstances the person should be paid more than this.

The importance of timing

No regular payments can be paid to the person until a weekly budget has been agreed and submitted to the Service User Financial Management Team. As such, it is important that you prioritise this as soon as possible after corporate appointeeship or Deputyship had been agreed.

If the weekly budget is not agreed in a timely way you will need to ensure that there are no negative implications for the person as a consequence.

Who to involve

The following people should be involved in agreeing the weekly budget:

1. The person; and
2. If they lack capacity, the person's representative (e.g. an advocate or family member);
3. Any Deputy or Lasting Power of Attorney (including a Local Authority Deputy);
4. Anyone else the person wishes to be involved;
5. Anyone who will be supporting the person to manage any monies (e.g. a carer or a care provider).

The importance of the Mental Capacity Act

The principles of the Mental Capacity Act apply at all times when agreeing the weekly budget.

This means that you:

1. Must not make any assumptions about a person's capacity to make their own decision about how the money should be used; and
2. Must take all practicable steps to support them to make their own decision; and
3. Must allow them to make an unwise decision; unless
4. You carry out a proportionate mental capacity assessment that establishes they are unable to make the decision; or
5. The decision they are making is not an appropriate use of any benefit money.

Click here to access 'The Mental Capacity Act 2005' for more information about the Act and guidance for applying it in practice.

Identifying regular expenses

The following is a list of possible regular expenses:

1. Rent;
2. Utility bills (gas, electric, water, TV license, council tax, telephone, mobile, internet);
3. Shopping;
4. Subscriptions (e.g. gym membership, magazines, Netflix);
5. Social expenses;
6. Travel; and
7. Loans, credit cards and other debt repayment.

Deciding how expenses will be managed

Utility and other bills

When known information about utility and other bills should be provided to the Service User Financial Management Team.

Unless the person can be supported to manage these payments the Service User Management Team will make the necessary arrangements to manage these expenses on behalf of the person.

This includes:

1. Rent;
2. Utility bills;
3. Subscriptions;
4. Loans and credit card repayments.

There are some important questions that should be considered before deciding whether the Service User Financial Management Team should manage a utility or bill payment:

1. Does the person have capacity to decide who should manage the payment?
2. Does the person want to manage the payment themselves?
3. Is the person able to manage the payment themselves (or with the right support)?
4. What are the benefits to the person from managing/not managing the payment?
5. What are the risks to the person from managing/not managing the payment?

Wherever possible the decision that is made should reflect the wishes of the person, and promote their independence.

Managing other expenses

Other expenses have to be managed by the person (with or without support) or their representative. These include:

1. Shopping;
2. Travel; and
3. Social expenses.

Appropriate use of monies

When acting as a corporate appointee or Deputy the Local Authority is responsible for ensuring that the benefit monies the person receives are used appropriately.

This means that:

1. Essential costs of daily living must be prioritised before;
2. The money should be used for non-essential expenses (for example alcohol or gambling).

Deciding how money will be provided

When appointeeship or Deputyship is agreed the Service User Financial Management Team will set up a Local Authority bank account for the person into which their benefits (and any other monies to be managed through a Deputyship) will be paid.

The Service User Financial Management Team will then arrange for the agreed weekly budget to be paid from this account to an account in the community from which the person can then access their monies via an ATM.

Third Party accounts

A third party account will only be considered if:

1. The person lacks capacity to hold a bank account; or
2. The person has capacity but requires physical support to access the bank account and such support is not available; or
3. The risk of misappropriation of the monies by the person is high; or
4. The use of a third party account is protection plan under adult safeguarding.

Before arranging for a third party account you must be satisfied that the person (or organisation) receiving the payment will:

1. Use the money to meet the person's regular expenses; and
2. Provide the money to the person when it is appropriate to do so; and
3. Support the person to make their own decisions about how to use the money (for example when shopping or on social activities); and
4. When the person is not able to make their own decisions, make a decision that is in their Best Interests; and
5. Maintain a record of spending as required by the Local Authority.

Supporting the person to manage cash

You must take steps to ensure that the person is able to access any support they need to access and manage their money safely from the ATM.

Wherever possible support should be:

1. Provided from the person's informal networks of support; or
2. As part of an existing package of support; and
3. Focus on building the person's skills and ability to manage the monies independently in the future.

If the person is not happy with the weekly budget

The person may not be happy with the weekly budget, particularly if they perceive it to:

1. Prevent them access to their money; or
2. Restrict the control they have over the way their money is spent.

In this situation you should:

1. Review the parts of the weekly budget that the person is not happy with; and
2. If less restrictive ways of managing the money can be agreed, amend the weekly budget or support to be provided.

Ultimately, the Local Authority as corporate appointee is responsible for ensuring that the benefit monies the person receives are used appropriately.

If the person remains unhappy with the weekly budget you should:

1. Explain to them that the weekly budget will be monitored; and
2. That if their circumstances or abilities change the weekly budget or the support they receive can be reviewed; then
3. Submit the weekly budget to the Service User Financial Management Team; and
4. Advise the person of their right to make a complaint.

Final checks

Before submitting the weekly budget to the Service User Financial Management Team it is prudent to ask yourself the following questions:

1. Does the weekly budget reflect all of the regular expenses of the person?
2. Was the person involved?
3. If the person lacked capacity, were they appropriately represented?
4. Was the person supported to make their own decisions?
5. If the person lacked capacity, were decisions about the plan made in their Best Interests (having regard for their wishes and feelings)?
6. Is the independence of the person promoted?
7. Have steps been taken to mitigate any risks identified?
8. If the person lives in a care home, is the amount of the weekly budget the maximum amount of the personal allowance?

Submitting the weekly budget

When the weekly budget is finalised you should provide the Service User Financial Management Team with:

1. The weekly budget amount (less any utility or other bills to be paid by the SUFMT); and
2. Details of the ATM account into which regular expense monies should be paid.

Reviewing a weekly budget

The weekly budget should be reviewed:

1. At the same time as any statutory Care and Support Plan review; or
2. When the person does not have a Care and Support Plan, no less than every year; and
3. In all cases, when there is evidence to suggest the weekly budget or nature of support may need to be amended.

12. Making Regular Payments

To the person or a nominated account

The Service User Financial Management Team will make payments to the person's ATM account or a nominated account via bank transfer.

Utility and other bills

If the Service User Financial Management Team will be paying utility and other bills, payments will be made via bank transfer.

The Service User Financial Management Team will liaise with the various providers to:

1. Ensure notification of bills; and
2. Pay any bills; but
3. You may be asked to support with this initially.

It may be appropriate for the Service User Financial Management Team to make additional payments to clear any outstanding debts the person may have sooner when:

1. The person has agreed to the overpayment; or
2. The person lacks capacity and the overpayment is deemed in their Best Interests; and
3. The person has sufficient accumulated funds to make the payment; and
4. The person is known not require the funds for a significant purchase (for example a Television) or event (for example a holiday or Christmas).

Cash payments

Cash payments will only be considered in an emergency when there is no alternative option available.

If you consider a cash payment is necessary seek agreement from your line manager and discuss it with the Service User Financial Management Team. If an alternative option can be identified a cash payment will not be provided.

If cash payments are agreed you will be asked to take the money to the person and obtain a receipt. This should then be provided to the Service User Financial Management Team.

Monitoring regular expenses

You should make appropriate and proportionate arrangements to monitor how the person (or their representative) is managing (or being supported to manage) the money that is made available to them when:

1. It is likely that their abilities to do so independently will increase; or
2. The risk that monies will be misappropriated is high; or
3. There are concerns that the manner in which the person is managing (or being supported to manage) their money may not be appropriate, or may pose a risk of harm.

Reviewing the weekly budget

The weekly budget should be reviewed:

1. At the same time as any statutory Care and Support Plan review; or
2. When the person does not have a Care and Support Plan, no less than every year; and
3. In all cases, when there is evidence to suggest the weekly budget or nature of support may need to be amended (e.g. as a result of monitoring activity or where there is a high number of additional spend requests).

The same people that were involved in the agreeing the original weekly budget should be involved in its review unless there have been any changes in circumstance that make a person no longer relevant.

You should also seek information from the Service User Financial Management Team about any concerns or views they have about the current weekly budget.

Some key questions to ask during a review of the weekly budget include:

1. Does the person still lack capacity?
2. If an appointeeship was arranged as part of a Safeguarding Plan is it still required?
3. What is working/not working about the plan?
4. Are the regular expenses in the plan all being met as intended?
5. Are any changes needed to the current regular expenses in the plan (e.g. have the amounts changed and does the expense still exist)?
6. Are there any new expenses to be added to the plan?
7. Have there been any changes in the person's capacity/ability to manage their own money?
8. Is the current level of support being provided to the person to manage cash still the least restrictive?
9. Is the person being supported to make their own decisions and choices about spending their money, wherever this is possible?
10. If the person lacks capacity, is there evidence that money is being spent in their Best Interests;
11. Is money being used appropriately?
12. Are there any new risks to mitigate?
13. Is any corporate appointeeship still required?

The outcome of the review will be that either:

1. The plan should continue with no changes; or
2. The plan needs amending due to changes in the regular expenses, or changes to the way that these are managed; or
3. The plan should continue with no changes, but the way that the person is supported to manage cash is to change; or
4. The corporate appointeeship or Deputyship is no longer required because the person now has capacity.

13. Additional Payment Requests

Additional payment requests

An additional payment request is any request made by the person (or their representative if they lack capacity) for monies that are outside of those monies normally paid.

Additional spends include money:

1. To make non-frequent purchases (such as clothing);
2. To make a significant purchase (such as a TV);
3. To pay for a significant event (such as Christmas spending or a holiday); or
4. To tide a person over when there are delays in agreeing or amending a weekly budget.

The importance of the Mental Capacity Act 2005

The principles of the Mental Capacity Act apply at all times when making decisions about additional payment requests.

This means that you:

1. Must not make any assumptions about a person's capacity to make their own decision about how their money should be used; and
2. Must take all practicable steps to support them to make their own decision; and
3. Must allow them to make an unwise decision; unless
4. You carry out a proportionate mental capacity assessment that establishes they are unable to make the decision; or
5. The decision they are making is not an appropriate use of the benefit money (which as a corporate appointee or Deputy, the Local Authority has a responsibility to ensure).

Click here to access 'The Mental Capacity Act 2005' for more information about the Act and guidance for applying it in practice.

Considering the request

There are some important questions that you must consider before deciding whether to complete an additional payment request form:

1. Has the Service User Financial Management Team confirmed that the person has sufficient funds available?
2. Has the person made the request themselves?
3. If so, do they have capacity to make the request?
4. If not, has the person making the request done so in their Best Interests?
5. Is the spend an appropriate use of monies?
6. What are the benefits/risks associated with the spend?
7. Are there any indicators that the person making the request has been coerced or subjected to undue influence?
8. Will the person require any further support to manage the additional monies?
9. Is the method of payment appropriate?
10. Does the additional spend require authorisation?

A request for the additional monies should always be made when:

1. The request has been made by the person; and
2. The person has capacity; and
3. The spend is an appropriate use of the monies; and
4. There are sufficient funds available.

Completing the Additional Payment request

The following should be clearly recorded on an additional payment request form or emailed to sufmt@croydon.gov.uk:

1. The amount of money requested;
2. The reason the money has been requested;
3. Whether you deem the spend to be an appropriate use of benefit monies; and
4. Whether the person had capacity to decide on the additional spend; or
5. If the person lacks capacity, what factors deem the spend to be in their Best Interests.

If the amount requested exceeds £100 or if there are risks associated with providing the person with the money the request should be agreed by your line before it is made.

When made, a record of the request and any line manager agreement should be made on the person's electronic record.

A large number of additional payment requests

14. Direct Payments and Financial Contributions

Direct Payments-corporate appointeeships

Where the Local Authority is acting as corporate appointee for a person with a personal budget, the person is still eligible for a Direct Payment as long as:

1. They have the capacity to request a direct payment; or
2. If they lack capacity, a person with legal authority (or whom the Local Authority deems suitable) to request a Direct Payment does so;
3. Where there is a nominated person the nominated person agrees to receive the payment; and
4. The person who will be receiving the payment is capable of managing it (either on their own or with available help); and
5. The Local Authority is satisfied that a Direct Payment is an appropriate way to meet the person's eligible needs; and
6. The Local Authority is not prohibited from making a Direct Payment.

For more information about eligibility for a Direct Payment click here.

Direct Payments-Deputyship

Where the Local Authority is acting as a Deputy for a person with a personal budget, the person is still eligible for a Direct Payment as long as the Local Authority does not act as the nominated person to manage it.

Financial contributions

15. Annual Returns and New Benefit Claims

Annual returns

Benefit reviews

Periodically the DWP will make a formal request for information to confirm the person's current needs and circumstances, so that it can review their entitlement to the benefits they are claiming.

It is likely that, as the practitioner involved in the person's Care and Support Plan you will be asked to complete most of the information required, because you will be most familiar with the person's needs and circumstances.

Annual returns for the OPG

The Office of the Public Guardian requests annual information from all Deputies about how they are fulfilling their responsibilities as part of its review of all Deputies.

The Service User Financial Management Team will complete the annual return. If the team contact you to provide any additional information to support the return documentation you should provide this in a timely way.

Changes in circumstances

As corporate appointee or Deputy, the Local Authority is required to report any changes in the person's circumstances that could have an impact on their:

1. Rate of benefit; or
2. Overall entitlement to a benefit.

Changes in circumstances include:

1. The accumulation of funds above permitted thresholds;
2. Changes in illness or disability;
3. Changes in mental capacity;
4. Change in address;
5. Change in marital status;
6. Change in income.

You should;

1. Notify the Service User Financial Management Team as soon as possible after becoming aware of a change in circumstance; and
2. Provide them with any evidence to support this (having regard for confidentiality).

Eligibility for further benefits

As corporate appointee or Deputy, the Local Authority must make sure that it claims any further benefits that the person:

1. May be entitled to at the point that they become corporate appointee; or
2. In the future if needs or circumstances change; and
3. Regardless of the person's consent for a benefit claim to be made.

If you believe that a person may be entitled to a benefit you should:

1. Contact the Service User Financial Management Team; and
2. If they are in agreement, decide who will make the application on behalf of the Local Authority; and
3. Explain to the person (or their representative if they lack capacity), which benefit they may be entitled to and that an application is to be made.

16. Ending Corporate Appointeeship

When corporate appointeeship must end

Corporate appointeeship must end when:

1. The person dies; or
2. A Court of law makes a determination as such; or
3. The person regains capacity to claim and manage their benefits; or
4. A person with capacity regains the physical ability to do so.

When corporate appointeeship should normally end

Corporate appointeeship should normally end when:

1. There is another appropriate person (family member, friend, Lasting Power of Attorney or Deputy) who is able and willing to act as an appointee; and
2. The Local Authority is satisfied that they will be able to meet the requirements of the role; or
3. Another appropriate corporate appointeeship organisation is now available (for example, a third sector organisation or a solicitor).

Corporate appointeeship should only ever last as long as it needs to. It involves:

1. A significant use of Local Authority resources; and
2. A significant intervention and presence in a person's everyday life.

Whenever an informal or alternative solution becomes available it should always be considered, especially if:

1. Corporate appointeeship is the only Local Authority intervention; or
2. Relinquishment is likely to increase the choice, control and independence of the person.

The process of ending corporate appointeeship

If you believe that corporate appointeeship is no longer appropriate you should:

1. Discuss this with your line manager; and
2. If in agreement, discuss with the Service User Financial Management Team.

The Service User Financial Management Team will determine whether they should relinquish appointeeship and, if so take steps to do so.

The corporate appointeeship role is not relinquished until the DWP has provided confirmation in writing.

When notification is received the Service User Financial Management Team will advise you. At this point the 'financial advisor' relationship should be:

1. Removed; or
2. Amended to reflect the current appointeeship arrangements.

If the person dies

You should notify the Service User Financial Management Team as soon as possible after a person dies so that they can:

1. Cease making regular expense payments to the person (or their nominated representative); and
2. Cease making financial contributions to the Local Authority; and
3. Notify the DWP.

17. Ending Deputyship

Unless a person has died, all Deputyships can only be revoked by the Court of Protection.

If you believe that a Deputyship is no longer appropriate you should:

1. Discuss this with your line manager; and
2. If in agreement, discuss with the Service User Financial Management Team.

The Service User Financial Management Team will determine whether they should take steps to apply to the Court of Protection.

An application to the Court of Protection to revoke Deputyship should always be made when:

1. A person regains capacity; or
2. Someone from the person's informal network has been identified, agrees to assume the role and is appropriate to do so.