VULNERABLE CUSTOMERS, APPOINTEESHIP AND FINANCIAL ABUSE ROLES AND RESPONSIBILITIES

2 Department for Work & Pensions DEFINITION OF A VULNERABLE CUSTOMER FOR APPOINTEE PURPOSES A Customer who lacks mental capacity and is unable to manage their benefit affairs. DEFINITION OF AN APPOINTEE An Appointee is a person appointed by the Secretary of State to manage the benefit of a customer who is unable to manage their own benefit finances. DEFINITION OF FINANCIAL ABUSE Benefits paid to a Customer which are being misappropriated and used for purposes other than in the Customer’s best interests.

3 Department for Work & Pensions WHEN IS AN APPOINTEE REQUIRED? Social Services/Care Worker/family member recognises that, because of mental health-related issues the customer is experiencing difficulties managing their day to day finances Process for making an appointment. By visit or exceptionally without where unequivocal medical evidence is provided with the BF56. Once it has been established that an appointee is required, then a suitable candidate is required as an Appointee :-  A Suitable Family Member  A Family friend  A Solicitor or Care Home  A Local Authority  Other acceptable organisation eg Age UK, dedicated private company

4 Department for Work & Pensions THE APPOINTEE’S ROLES AND RESPONSIBILITIES A Visiting Officer from the DWP will visit/interview the prospective appointee and assess their suitability to act. The roles and responsibilities listed on part 8 of the BF56 are explained to the prospective appointee, which are:  The DWP benefits that the customer receives should be paid into an account in the appointees name or the customers name with 3 rd party access so that direct debits can be set up to pay the customers bills.  Appointeeship is only put in place for DWP purposes and does not have authority to divert payments of any private income or savings that the customer may have; although other income is taken into account if the customer is entitled to a means tested benefit.

5 Department for Work & Pensions APPOINTEE’S ROLES AND RESPONSIBILITIES (cont’d) Personal allowance and Care Home Fees must be paid The overriding message is that the appointee must act in the best interests of the customer at all times. Once the person is deemed suitable, the appointee is given a form BF57 confirming the appointment. A BF57 will only allow the Customer to have money that is in a Post Office card account transferred to the new account in the Appointee’s name.

6 Department for Work & Pensions ISSUES SURROUNDING SUITABILITY OF AN APPOINTEE WHAT IF THERE IS A SUSPICION OF FINANCIAL ABUSE OF A CUSTOMER IN A CARE HOME? Alerts are usually raised through Social Workers, Families, Care Workers, Care Home Administrators or Local Authorities. The issues are discussed through “Best Interest” meetings at the initial stages at Care Homes and Social Services. Initially the Care Home and Social Services have a “Best Interest” meeting to discuss the way forward. Cases may then be referred to “Safeguarding Meetings”. These are formal meeting where evidence is gathered to ascertain evidence of unpaid bills, potential new Appointees and other information needed before the DWP can consider revoking an Appointeeship. Social Services Finance Department may already be aware of these cases but consideration is needed as Financial Departments are not always the Department which can handle Customer affairs.

7 Department for Work & Pensions EVIDENCE OF MISAPPROPRIATION OF FUNDS Following a “Safeguarding meeting” DWP should be informed of concerns once it has been established that there is evidence that the finances are not being managed correctly. Taking into account the following:-  The onus is on the CH/LA taken all steps necessary to ensure that all avenues of communication have been explored with the current Appointee before DWP are involved. DWP cannot get involved with disputes which essentially are not benefit related e.g Family disputes regarding the level of fees, whether they are being properly charged. If appointeeship issues remain after these have been resolved then DWP will get involved.

8 Department for Work & Pensions PROCESS FOR REPORTING CONCERNS Social Worker/Care Worker should ring the DWP office with the name and national insurance number/date of birth of the customer. Give their name and position within LA/Company that they work for and their direct line. The information they currently have to support their concerns. Are they in possession of letters to support all attempts to contact the appointee? Do they have details of outstanding bills e.g. Utility or Care Home? Note: These details are required before the Customer’s case can be considered for revoking of an Appointeeship.

9 Department for Work & Pensions WHAT HAPPENS NEXT AT THE DWP? PART 1 The complaint/allegation will be referred to an officer who will check our records and investigate the case. Possible outcomes: i.Immediate revoking of the appointeeship. This would only occur where the evidence against the appointee was so overwhelming that immediate action was required. ii.Refer for a visit or write to the appointee giving him the opportunity to give his side of the story. DWP will then decide if it is necessary to refer to a Decision Maker to revoke.

10 Department for Work & Pensions WHAT HAPPENS NEXT AT THE DWP? (cont’d) PART 2 If the Customer has funds or property, LA’s/Solicitors may take steps to apply to the Court of Protection for deputyship which as you know can take up to several months. So the following steps must be taken :-  This can be a lengthy process so if there is an interim solution (e.g. Care Home taking over appointeeship) this should be considered as it is not appropriate to suspend the customer’s benefit for an indefinite period.  A BF56 must be provided in the interim to ensure that the customer is still receiving their benefits.

11 Department for Work & Pensions ESTABLISH WHO WILL TAKE OVER THE ROLE OF APPOINTEESHIP? Our experience is that where the LA report abuse, usually regarding the non- payment of care home fees, they will readily step in and become the corporate appointee or recommend other family members of the customer who can take over the role once suitability has been established. If the above are not available options then the LA must contact another body of its choosing to be appointed. We now see cases, thankfully still few in number, where the LA is not willing to act as a corporate appointee. Where there is no suitable or willing family member then the department is in limbo. The only option is a court appointed deputy which for a benefit only case is not really appropriate.

12 Department for Work & Pensions CASE STUDY 1 Scenario Appointee visited as requested by the Local Authority to review the appointee ship. Social Care Bill is in arrears of in excess of £ A report was attached from the Council. The appointee managed her mothers affairs and had refused to engage with the LA to discuss the arrears. The appointee stated that her mother was in a lot of debt prior to her becoming an appointee and she has been using her mothers benefits to clear these debts. Her mothers home was re possessed and no proceeds from the sale were received. Debts totalled around £35,000 and included mortgage arrears, bank overdraft, Finance and Provident Loan. She stated that no help was available to re consolidating these debts because everyone she approached told her that there was insufficient surplus income available. She also stated that she was threatened by the Courts and felt obliged to pay off these debts first. The debts were paid off about 2 months ago and since then she had paid £200 towards the care bill. The appointee then stated that she has debts herself and struggles financially. She does not wish to relinquish appointeeship. She stated that she had come this far in sorting her mothers financial situation out and would like to continue but understands if it is revoked. Outcome The appointee is obviously having difficulty managing her mothers financial affairs and evidence suggests that this is continuing as she has only managed to pay "£200" towards care since outstanding debts were cleared 2 months ago. The VO recommended that the appointeeship be revoked.

13 Department for Work & Pensions CASE STUDY 2 Scenario Call from Debt Team stating customers bills had not been paid for six months and despite several letters sent to the customer's son who acted as the appointee, there had been no response. Evidence provided by the LA showed that we held a different address on the system for the appointee. A DWP VO was booked to visit the appointee to discuss Roles and Responsibilities. The Visiting officer stated that the appointee was totally shocked when the reason for the visit was explained. He stated that he visited his father twice a week and supplied him with toiletries and pocket money. The fees had always been paid by direct debit and he was under the impression that this was still the case. The benefit had ceased due to a system fault preventing payment going through. Outcome Lack of communication between the Care Home and the LA resulted in someone being wrongly accused of financially abusing the customer. Money had ceased due to problem at the DWP, the system was amended and the arrears issued. The appointee remained in place as there was no grounds to prove he was unsuitable

14 Department for Work & Pensions CASE STUDY 3 Scenario Social Services called to inform us that Customer’s appointee has passed away, the gentleman does not have access to funds. They also state that they do not feel that the customer needs an appointee as they feel it is only the language barrier that is a problem. A DWP visit was arranged with an interpreter to establish if the Customer could deal with their own affairs. Outcome The customer needed support due to the language barrier but he was capable of dealing with his day to day finances. Money was directed to an account in his name.