Appointee on my mother in law claim

starM26

My mother in law use to live with other daughter. Daughters husband has been placed as an Appointee on her Attendance Allowance claim. 

My mother in law has been living us. None of the money appointee is receiving is being used on mother in law. All food, look after etc is being done by my my wife (her other daughter). 

I have spoken with DWP but they said the appointee will have to request the removal. There is no other way around. They have sent a message to the back so likely payment will be on hold until the matter is resolved. 

I have read here that DWP is wrong. The claimant can request the removal. 

I have feeling the other daughter and husband will try there best to continue receiving the payments. They are getting free money and likely one of them is also placed as a carer for her. 

I will be writing to DWP but not sure what to say. My mother in law does not want her other daughter to be in trouble. 

What will happen in these circumstances and what action DWP likely to take? 

Thanks 

poppy123456

The scope guide does advise that the claimant can ring to cancel the appointee but whether that's possible is a completely different story. See link. https://www.scope.org.uk/advice-and-support/removing-an-appointee/

The issue is that when you have an appointee it means you're not mentally capable of looking after your own claim. This means that DWP will not speak to the claimant regarding anything related to their benefits.

I think their benefits being put on hold is a good thing in this case because of the potential financial abuse. I do hope that DWP will actually contact the appointee theirself. Once this is done hopefully a new appointee can be put into place.

Jimm_Scope

Since they aren't meeting one of the responsibilities 

• spend the benefit (which is paid directly to you) in the claimant’s best interests

 I would hope the DWP would act quickly on this. Of course becoming an appointee isn't always a swift process. If the DWP deems the current appointee has failed in their duties but your mother-in-law cannot manage her own benefits still then the appointee process needs to be restarted with the new person. Scope has an advice page on Becoming an appointee | Disability charity Scope UK