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UC - Deputies with Court Order Protection Document
- JMC
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23 hours ago #312152 by JMC
UC - Deputies with Court Order Protection Document was created by JMC
Hi
Until recently the council were managing my son's finances, this worked well. But looking long term, we applied for COP and my daughter and I were granted deputyship. My son has an ongoing claim with UC originally set up by the council; The council relinquished appointeeship via the BF58 form. (They also provided the DWP with a copy of the COP doc)
The council asked that we log into my son’s account and update email and mobile number information, so we can now access and support my son with his application and correspondence. We did this earlier this week; however, the DWP dept has said they can’t update the account, it must be closed by the council, and we must make a new claim. Which seems completely nonsensical.
The council kindly called the relevant DWP dept and their contact agreed that continuing with the account and claim should not be a problem, but this afternoon I was contacted by another DWP staff member who has sent me a BF56 form (via my son’s UC account) to complete as an appointee.
Is this correct, is this the right form? It asks for new bank details etc, which we are happy to provide but I want to ensure that this is the right process for a Deputy. The DWP contact did not ask for the COP document or make any reference to this.
Both my daughter and I are named on the COP severally but the BF56 form only allows for one person to be named.
Any comments or advice would be much appreciated.
Until recently the council were managing my son's finances, this worked well. But looking long term, we applied for COP and my daughter and I were granted deputyship. My son has an ongoing claim with UC originally set up by the council; The council relinquished appointeeship via the BF58 form. (They also provided the DWP with a copy of the COP doc)
The council asked that we log into my son’s account and update email and mobile number information, so we can now access and support my son with his application and correspondence. We did this earlier this week; however, the DWP dept has said they can’t update the account, it must be closed by the council, and we must make a new claim. Which seems completely nonsensical.
The council kindly called the relevant DWP dept and their contact agreed that continuing with the account and claim should not be a problem, but this afternoon I was contacted by another DWP staff member who has sent me a BF56 form (via my son’s UC account) to complete as an appointee.
Is this correct, is this the right form? It asks for new bank details etc, which we are happy to provide but I want to ensure that this is the right process for a Deputy. The DWP contact did not ask for the COP document or make any reference to this.
Both my daughter and I are named on the COP severally but the BF56 form only allows for one person to be named.
Any comments or advice would be much appreciated.
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5 hours 23 minutes ago #312167 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC - Deputies with Court Order Protection Document
Hi JMC
The following is the guidance from the DWP regarding a Deputy created by the Court of Protection :-
Deputy (England and Wales)
A Deputy is appointed by the Court of Protection in England or Wales to act on the
claimant’s behalf if they are incapable of managing their financial affairs or personal
welfare. Deputies appointed to act on the claimant’s behalf in relation to financial
matters can act on all their dealings with the Department.
The Court of Protection will issue an order which must include the validation stamp
and seal on the front page for it to be valid. They will also inform the Deputy that the
claimant’s benefit must not be paid into the Deputy’s own personal account.
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V12-0.pdf
There is nothing to prevent you from being a DWP Appointee as well though being a Deputy in itself gives you the right to administer your son's DWP Benefits.
Let me know how you get on.
David
The following is the guidance from the DWP regarding a Deputy created by the Court of Protection :-
Deputy (England and Wales)
A Deputy is appointed by the Court of Protection in England or Wales to act on the
claimant’s behalf if they are incapable of managing their financial affairs or personal
welfare. Deputies appointed to act on the claimant’s behalf in relation to financial
matters can act on all their dealings with the Department.
The Court of Protection will issue an order which must include the validation stamp
and seal on the front page for it to be valid. They will also inform the Deputy that the
claimant’s benefit must not be paid into the Deputy’s own personal account.
data.parliament.uk/DepositedPapers/Files...s_and_CABs_V12-0.pdf
There is nothing to prevent you from being a DWP Appointee as well though being a Deputy in itself gives you the right to administer your son's DWP Benefits.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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