Agents

An agent is a person or organisation who acts in the interests of another. A person can be made an agent by the consent of both the client and the prospective agent, by way of a Court Order or, in exceptional circumstances, without a client's consent.

'Agency' refers to the relationship that arises where one person is appointed to act as the representative of another.

The granting of agency is not controlled by the Social Security Act 2018; it is contract-based, and is governed by common law.

Clients

When a client appoints an agent, the client still has the right to discuss their circumstances with Work and Income, Senior Services and Housing Assessment.

A client can appoint more than one agent to act for them for different purposes, such as, one person to provide information about changes in circumstances, and another person to act for them in respect of a review of decision or appeal.

A client can authorise the Ministry of Social Development to pass on their agent's details to social housing providers who may have properties available to offer them. The agent also has to agree for their details to be given to the provider, and the provider will decide whether they will deal with the agent directly or the client.

For information about student support and agency see:

• Students Agents

The rights and responsibilities an agent has over a client's affairs are determined by the client, and are dependent on what role the client wishes to give the agent. In general, anything a person can do for themselves, they may authorise an agent to do. For more information on this see:

• What an agent can do
• What an agent cannot do

The length of agency is determined by the client. For ongoing representation it is necessary that a letter or form granting agency is completed; this will preferably be the Ministry of Social Development 'Appointment of an Agent' form.

In some situations a client may wish to grant temporary agency for one-off, short-term roles.

When a client requests an agent to be appointed, they are responsible for both the choice of agent, and for any actions that the agent carries out on their behalf; the client needs to be made fully aware of this at the time the agent is appointed.

Exceptions to this are when the agent has been appointed by a Court Order, or at any time where the agent is appointed without the client's consent. However, in these situations the actions of an agent may still be binding on the client.

Agency can be revoked at any time by either the client or the agent. The exceptions to this are when the agent:

• has been appointed by a Court Order, made under the Protection of Personal and Property Rights Act 1998 or
• holds an Enduring Power of Attorney

In some cases, it may also be appropriate for the Ministry of Social Development to not deal with a client's chosen agent, if it is for a fully justifiable reason, as we do have the discretion not to deal with an agent.

While it may be beneficial for the client to appoint an agent to act as their representative for Work and Income, Senior Services, or Housing Assessment purposes, you cannot insist that a client appoints one.

This includes where a trespass notice has been issued against a client who has been prohibited from entering specific Ministry of Social Development sites.