Upper Tribunal case on appointeeship

The Upper Tribunal (Administrative Appeals Chamber) has published a decision in an appeal about the appointeeship system. This is the regime where social security benefits can be paid to someone other than the claimant, where the Department of Work and Pensions (DWP) decides that the benefits claimant is unable to act. Oliver Lewis represented Medway Council, the appointee for the disability living allowance claimant in this case. In his submissions, Oliver raised concerns about the fairness of the appointeeship system, and whether it complies with the UK’s obligations both under the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities. The judge found that these were “important issues”, but did not need to decide them in this case.

Oliver would be interested in hearing from solicitors or law centre caseworkers who have benefit claimant clients wanting to appeal against decisions made by the DWP in relation to the appointee, for example complaining about the appointee, displacing the appointee or cancelling the appointeeship. These aspects seem not to have been examined by the courts through the lens of human rights.