Redirection without the client's consent
Generally, the client's consent is required before a redirection of benefit is approved. However, there are some exceptions to this, as outlined below. Redirection of benefit without the client's consent should only occur as a last resort.
Client unable to give informed consent
Some clients may be unable to give their informed consent to a redirection of benefit, for example, a client in a coma, or a client who is mentally incapacitated. As long as good cause exists, a redirection of benefit may occur where the client can be shown to have insufficient capacity.
For more information see:
Client refuses to give consent
There may be a situation where others (such as the client's family) believe that part or all of the client's benefit should be redirected to another party, but the client disagrees with this. For example, a client may have a gambling addiction that is resulting in such financial mismanagement that their partner's wellbeing is placed at risk.
As long as good cause exists, it may be appropriate to approve a redirection of benefit payment, even when the client does not consent to it. This could occur in one of the following situations:
Guidelines
To help you decide whether to redirect a benefit without the client's consent, see:
Legislation
- Payment generally to, or on account of, beneficiary personally section 339 Social Security Act 2018
