The Social Security (Claims and Payments) Regulations 1987

PART IVTHIRD PARTIES

Persons unable to act

33.—(1) Where–

(a)a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and

(b)that person is unable for the time being to act; and either

(c)no receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

(d)in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,

the Secretary of State may, upon written application made to him by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him.

(2) Where the Secretary of State has made an appointment under paragraph (1)–

(a)he may at any time revoke it;

(b)the person appointed may resign his office after having given one month’s notice in writing to the Secretary of State of his intention to do so;

(c)any such appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) or (d) applies has been appointed.

(3) Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, tutor, curator or other guardian, if any, or by or to the person appointed under this regulation or regulation 43 (mobility allowance for children) and the receipt of any person so appointed shall be a good discharge to the Secretary of State for any sum paid.

Payment to another person on the beneficiary’s behalf

34.  The Secretary of State may direct that benefit shall be paid, wholly or in part, to another person on the beneficiary’s behalf if such a direction as to payment appears to the Secretary of State to be necessary for protecting the interests of the beneficiary, or any child or dependant in respect of whom benefit is payable.

Deductions from benefit and direct payment to third parties

35.  Deductions may be made from benefit and direct payments may be made to third parties on behalf of a beneficiary in accordance with the provisions of Schedule 9.

Payment to a partner as alternative payee

36.  Where one of a married or unmarried couple residing together is entitled to child benefit or family credit the Secretary of State may make arrangements whereby that benefit, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person’s partner on behalf of the person entitled.