Appointeeship | Becoming a DWP Benefits Appointee

Why am I getting a visit from the DWP?

The Department of Work and Pensions visiting service arranges for you to meet with one of their 450 visiting officers after you make an application to become the appointee of a vulnerable person. In that case, these are some of the things they will want to know.

1. • You are who you say you are and can prove your identity and relationship to the vulnerable person.

1. • You are a suitable and willing person to manage someone else benefit money as their benefits appointee.

1. • You have a separate appointee bank account to receive the benefit payments of the vulnerable person.

1. • You understand the financial duties and responsibilities of being someone’s benefits appointee.

1. • That you will act in the best interests of the vulnerable person at all times.

It is important that you are well prepared before the visit and have the necessary documents and information ready to be inspected. Remember, the DWP Visiting Officer is there to not only fulfil the necessary ID checks and best interest assessment but also to assist you with any questions that you may have. You should receive a letter from the DWP beforehand which will let you know the name of the Visiting Officer and date and time of the meeting. Ensure that you check their ID card when they visit also.

Unless the Visiting Officer has any concerns about your wish to become an appointee, it is likely that they will start the appointeeship process with you by completing a form called a BF57 application. Amongst information about yourself and the person you wish to be the appointee for, the BF56 application also requires the bank sort code and account number into which the welfare benefit payments will be made.

It is important that this is a separate bank account so that the money belonging to the vulnerable person you will be the appointee for is not mixed with your own money. You may also be required to provide copies of bank statements to the DWP in the future and you can open a free and dedicated Appointee Bank Account on the Monika Banking Platform from Money carer for this purpose.

The Appointee Bank Account has been designed specifically for those intending to become DWP appointee and has lots of special features designed to make things easier for you and the person you will be financially responsible for. Some of these feautes are detailed below:

• Free of Charge and simple to open
• Financial Service Compensation Scheme (FSCS) protected
• Buil-in welfare benefit check and entitlement calculator
• Store, view and share DWP letters and other documents
• Prepaid spending cards for loved ones /carers/support workers
• Biometric fingerprint activated debit cards – No PIN required
• Set up automated balance limits on accounts for safeguarding
• Get personalised suspicious payment alerts for fraud monitoring
• Use or Current Account Switch Service to transfer old account
• Interactive Secure Portal Access for Carers and Support Workers
• Entry onto the Vulnerability Registration Service database
• Access to expert support from the Money Carer Foundation

Learn more about the specialist appointee banking service and open an appointee account here

For further information about becoming a DWP appointee, please download our appointee guide for family members.

No, DWP Appointeeship is not governed by the Mental Capacity Act 2005 (MCA). While both systems deal with individuals who may lack the mental capacity to manage aspects of their lives, they are legally and functionally distinct. Below is a breakdown of the differences and the relevant legal frameworks:

1. What Is a DWP Appointee?

A DWP Appointee is an individual or organisation authorised by the Department for Work and Pensions (DWP) to manage a person’s benefits on their behalf. This is typically used when the person (called the “claimant”) is unable to manage their own benefits due to mental incapacity or severe disability.

• The legal basis for DWP Appointeeship is found in the Social Security (Claims and Payments) Regulations 1987, particularly:

  • Regulation 33, which gives the Secretary of State the power to appoint someone to act on behalf of another for social security purposes.

2. What Is the Mental Capacity Act 2005?

The Mental Capacity Act 2005 (MCA) is legislation that applies in England and Wales. It provides a legal framework for making decisions on behalf of people aged 16 and over who lack capacity to make certain decisions for themselves.

• The MCA covers decisions about:

  • Property and financial affairs

  • Health and welfare

  • Advance decisions and lasting powers of attorney

  • Decisions made by deputies appointed by the Court of Protection

3. Key Differences Between DWP Appointeeship and the MCA

4. Capacity and DWP Appointees

Although the MCA doesn’t govern DWP Appointeeship, capacity is still central to the decision to appoint someone. The DWP must assess whether the claimant can manage their own benefits. If not, they can appoint someone else.

⚠️ Important: This is not a formal Mental Capacity Assessment as required by the MCA, and the DWP does not have to follow the statutory best interest framework of the MCA when appointing someone. This has led to concerns about the lack of safeguards in the DWP system.

5. Case Law and Guidance

• Case Law: There is limited case law directly on DWP appointeeship, but tribunals have at times criticised the lack of clarity or oversight in how appointees are selected and monitored.

• Guidance:

  • DWP’s own guidance (e.g. “Appointeeship: Staff Guide”) outlines procedures for assessing a person’s ability to manage their benefits.

  • The Office of the Public Guardian recognises that Appointeeship is not covered by the MCA and may recommend a deputyship when broader financial management is needed.

6. When Is the MCA Relevant?

If someone needs help beyond managing benefits—such as managing property, making decisions about medical care, or dealing with banks—the MCA will apply. In those cases, you would need:

• A Lasting Power of Attorney (LPA) if the person had capacity to make one before becoming incapacitated

• Or a Deputyship Order from the Court of Protection if they lack capacity and no LPA exists

✅ Summary

• DWP Appointeeship is not governed by the Mental Capacity Act 2005

• It is governed by Social Security legislation, specifically the Social Security (Claims and Payments) Regulations 1987

• While both systems involve people who may lack capacity, they serve different purposes and have different legal safeguards

• If wider decision-making is needed, the MCA and potentially the Court of Protection process is more appropriate

Why am I getting a visit from the DWP?

The Department of Work and Pensions visiting service arranges for you to meet with one of their 450 visiting officers after you make an application to become the appointee of a vulnerable person. In that case, these are some of the things they will want to know.

1. • You are who you say you are and can prove your identity and relationship to the vulnerable person.

1. • You are a suitable and willing person to manage someone else benefit money as their benefits appointee.

1. • You have a separate appointee bank account to receive the benefit payments of the vulnerable person.

1. • You understand the financial duties and responsibilities of being someone’s benefits appointee.

1. • That you will act in the best interests of the vulnerable person at all times.

It is important that you are well prepared before the visit and have the necessary documents and information ready to be inspected. Remember, the DWP Visiting Officer is there to not only fulfil the necessary ID checks and best interest assessment but also to assist you with any questions that you may have. You should receive a letter from the DWP beforehand which will let you know the name of the Visiting Officer and date and time of the meeting. Ensure that you check their ID card when they visit also.

Unless the Visiting Officer has any concerns about your wish to become an appointee, it is likely that they will start the appointeeship process with you by completing a form called a BF57 application. Amongst information about yourself and the person you wish to be the appointee for, the BF56 application also requires the bank sort code and account number into which the welfare benefit payments will be made.

It is important that this is a separate bank account so that the money belonging to the vulnerable person you will be the appointee for is not mixed with your own money. You may also be required to provide copies of bank statements to the DWP in the future and you can open a free and dedicated Appointee Bank Account on the Monika Banking Platform from Money carer for this purpose.

The Appointee Bank Account has been designed specifically for those intending to become DWP appointee and has lots of special features designed to make things easier for you and the person you will be financially responsible for. Some of these feautes are detailed below:

• Free of Charge and simple to open
• Financial Service Compensation Scheme (FSCS) protected
• Buil-in welfare benefit check and entitlement calculator
• Store, view and share DWP letters and other documents
• Prepaid spending cards for loved ones /carers/support workers
• Biometric fingerprint activated debit cards – No PIN required
• Set up automated balance limits on accounts for safeguarding
• Get personalised suspicious payment alerts for fraud monitoring
• Use or Current Account Switch Service to transfer old account
• Interactive Secure Portal Access for Carers and Support Workers
• Entry onto the Vulnerability Registration Service database
• Access to expert support from the Money Carer Foundation

Learn more about the specialist appointee banking service and open an appointee account here

For further information about becoming a DWP appointee, please download our appointee guide for family members.

Why am I getting a visit from the DWP?

The Department of Work and Pensions visiting service arranges for you to meet with one of their 450 visiting officers after you make an application to become the appointee of a vulnerable person. In that case, these are some of the things they will want to know.

1. • You are who you say you are and can prove your identity and relationship to the vulnerable person.

1. • You are a suitable and willing person to manage someone else benefit money as their benefits appointee.

1. • You have a separate appointee bank account to receive the benefit payments of the vulnerable person.

1. • You understand the financial duties and responsibilities of being someone’s benefits appointee.

1. • That you will act in the best interests of the vulnerable person at all times.

It is important that you are well prepared before the visit and have the necessary documents and information ready to be inspected. Remember, the DWP Visiting Officer is there to not only fulfil the necessary ID checks and best interest assessment but also to assist you with any questions that you may have. You should receive a letter from the DWP beforehand which will let you know the name of the Visiting Officer and date and time of the meeting. Ensure that you check their ID card when they visit also.

Unless the Visiting Officer has any concerns about your wish to become an appointee, it is likely that they will start the appointeeship process with you by completing a form called a BF57 application. Amongst information about yourself and the person you wish to be the appointee for, the BF56 application also requires the bank sort code and account number into which the welfare benefit payments will be made.

It is important that this is a separate bank account so that the money belonging to the vulnerable person you will be the appointee for is not mixed with your own money. You may also be required to provide copies of bank statements to the DWP in the future and you can open a free and dedicated Appointee Bank Account on the Monika Banking Platform from Money carer for this purpose.

The Appointee Bank Account has been designed specifically for those intending to become DWP appointee and has lots of special features designed to make things easier for you and the person you will be financially responsible for. Some of these feautes are detailed below:

• Free of Charge and simple to open
• Financial Service Compensation Scheme (FSCS) protected
• Buil-in welfare benefit check and entitlement calculator
• Store, view and share DWP letters and other documents
• Prepaid spending cards for loved ones /carers/support workers
• Biometric fingerprint activated debit cards – No PIN required
• Set up automated balance limits on accounts for safeguarding
• Get personalised suspicious payment alerts for fraud monitoring
• Use or Current Account Switch Service to transfer old account
• Interactive Secure Portal Access for Carers and Support Workers
• Entry onto the Vulnerability Registration Service database
• Access to expert support from the Money Carer Foundation

Learn more about the specialist appointee banking service and open an appointee account here

For further information about becoming a DWP appointee, please download our appointee guide for family members.

No, DWP Appointeeship is not governed by the Mental Capacity Act 2005 (MCA). While both systems deal with individuals who may lack the mental capacity to manage aspects of their lives, they are legally and functionally distinct. Below is a breakdown of the differences and the relevant legal frameworks:

1. What Is a DWP Appointee?

A DWP Appointee is an individual or organisation authorised by the Department for Work and Pensions (DWP) to manage a person’s benefits on their behalf. This is typically used when the person (called the “claimant”) is unable to manage their own benefits due to mental incapacity or severe disability.

• The legal basis for DWP Appointeeship is found in the Social Security (Claims and Payments) Regulations 1987, particularly:

  • Regulation 33, which gives the Secretary of State the power to appoint someone to act on behalf of another for social security purposes.

2. What Is the Mental Capacity Act 2005?

The Mental Capacity Act 2005 (MCA) is legislation that applies in England and Wales. It provides a legal framework for making decisions on behalf of people aged 16 and over who lack capacity to make certain decisions for themselves.

• The MCA covers decisions about:

  • Property and financial affairs

  • Health and welfare

  • Advance decisions and lasting powers of attorney

  • Decisions made by deputies appointed by the Court of Protection

3. Key Differences Between DWP Appointeeship and the MCA

4. Capacity and DWP Appointees

Although the MCA doesn’t govern DWP Appointeeship, capacity is still central to the decision to appoint someone. The DWP must assess whether the claimant can manage their own benefits. If not, they can appoint someone else.

⚠️ Important: This is not a formal Mental Capacity Assessment as required by the MCA, and the DWP does not have to follow the statutory best interest framework of the MCA when appointing someone. This has led to concerns about the lack of safeguards in the DWP system.

5. Case Law and Guidance

• Case Law: There is limited case law directly on DWP appointeeship, but tribunals have at times criticised the lack of clarity or oversight in how appointees are selected and monitored.

• Guidance:

  • DWP’s own guidance (e.g. “Appointeeship: Staff Guide”) outlines procedures for assessing a person’s ability to manage their benefits.

  • The Office of the Public Guardian recognises that Appointeeship is not covered by the MCA and may recommend a deputyship when broader financial management is needed.

6. When Is the MCA Relevant?

If someone needs help beyond managing benefits—such as managing property, making decisions about medical care, or dealing with banks—the MCA will apply. In those cases, you would need:

• A Lasting Power of Attorney (LPA) if the person had capacity to make one before becoming incapacitated

• Or a Deputyship Order from the Court of Protection if they lack capacity and no LPA exists

✅ Summary

• DWP Appointeeship is not governed by the Mental Capacity Act 2005

• It is governed by Social Security legislation, specifically the Social Security (Claims and Payments) Regulations 1987

• While both systems involve people who may lack capacity, they serve different purposes and have different legal safeguards

• If wider decision-making is needed, the MCA and potentially the Court of Protection process is more appropriate