We have a claimant who has been awarded AA. He has memory problems. DWP are refusing to release payment until his wife becomes his appointee. Are they legally able to do this?

Claims & payments regs allow for the sec of state to direct that benefit be paid to some other person where it appears that the claimant cannot manage their own affairs. Claim & Payments reg no 33 and 34 deal with it.

Reg 33 gives the SoS power to create an appointeeship "upon written application made to him" by the person wanting to become the appointee. There is no power to force someone to have an appointee.

Reg 34 gives the SoS the discretion to "direct that benefit shall be paid, wholly or in part, to another natural person on the beneficiary’s behalf if such a direction as to payment appears
..to be necessary for protecting the interests of the beneficiary in respect of whom benefit is payable.


http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a1_5501.pdf