Insufficient capacity

Where the client has insufficient capacity to consent to a redirection, as long as good cause exists, redirection of benefit payment can occur without the client's consent.

For more information see:

Generally, a client is regarded as having insufficient capacity when they are unable to understand the consequences of their decisions. This means that they do things that are not in the best interests of their personal care and welfare, but have no way of understanding the effect of these decisions.

If a person is able to understand the consequences of their decisions but has no way of communicating these desired decisions they can also be considered to have insufficient capacity.

Acceptable proof that a person lacks sufficient capacity in law can be:

• a Court Order made under the Protection of Personal and Property Rights Act (1988)
• written advice from a registered medical practitioner or specialist that the client cannot understand the nature of their decisions or communicate decisions affecting their care and welfare
• an Enduring Power of Attorney

If acceptable proof is provided, part or all of a client's benefit may be redirected to another party, as long as you are satisfied that good cause exists.

Some possible situations where a client may lack sufficient capacity in law include:

• a client in a coma
• a client who is mentally capable but physically paralysed, and therefore unable to communicate
• a client who is mentally incapacitated

Note any redirection of benefit made where the client lacks sufficient capacity does not mean the recipient of the payments is considered the client's agent, or give them any powers of agency, unless those powers are already held by the recipient.

For more information see: