Legal Ways to help someone manage their money and benefits

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1 Legal Ways to help someone manage their money and benefits Factsheet Leg 3 October of 8

2 Inside this factsheet 1 Informal arrangements Standing Orders and Direct Debits Joint accounts Post Office Card accounts Simple Payments Online banking 4 2 More formal arrangements Getting money at the bank Department for Work and Pensions Appointee 5 3 Legal arrangements 5 4 Further Information 6 Factsheet Leg 3 October of 8

3 1 Informal arrangements Many people find themselves in a position where they need help to manage their money and benefits, either formally or informally. If someone needs help to manage their money, there are informal options ways which can work whilst they still have the mental capacity to manage their own money with support. If someone does not have the mental capacity to manage their money then formal legal options must be looked at instead. 1.1 Standing Orders and Direct Debits Standing Orders or Direct Debits can be set up to pay regular amounts out of a bank account such as payments of council tax and electricity bills. This is useful for making sure bills get paid on time, and is helpful if someone cannot easily travel to a bank to make a payment or has difficulty remembering to make payments. 1.2 Joint accounts Some people have benefits and pensions paid into a joint account. This gives both people named on the account full access to the funds to withdraw money and make arrangements to pay bills. If one of the account holders becomes incapable of managing their affairs, you should get advice from the bank about options for ensuring that the interests of both account holders are protected. 1.3 Post Office Card accounts A Post Office Card account can be a convenient way of receiving your benefits or pension. A disadvantage of a Post Office card account is that only benefits can be paid into it, not wages or cheques, and the account card cannot be used to make payments in shops, only to withdraw money from your card account. Someone with a Post Office Card account can apply for another person to be their Permanent Agent and given permanent but limited access to the account with a separate card. This arrangement must end if the person with the account loses the ability to manage their own finances. Factsheet Leg 3 October of 8

4 1.4 Simple Payments If cannot have your benefits paid into a bank, building society or Post Office account, the Department for Work and Pensions can issue a Simple Payment card. This can be used at most PayPoint outlets to collect your payment. You can find PayPoint outlets in local newsagents, convenience stores or supermarket. To collect a payment you need to show your card, confirm the memorable date you gave when you applied for the card and provide proof of your identity such a passport, driving licence, tenancy agreement or recent fuel or phone bill. You can get an additional Simple Payment card for someone who regularly collects your money for you. 1.5 Online banking If you have difficulty getting to a bank but are comfortable managing your bank account online this can be a good way of keeping track of your money and paying bills. You should never give someone else the log-in details or passwords for your online banking. For more information about staying safe online see Age UK s guide Internet security, you can call the Age Scotland helpline for a copy on More formal arrangements 2.1 Getting money at the bank Most people have their benefits and pensions paid directly into their bank or building society account. If you do this, but you need someone to go to the bank to collect money for you, you should speak to your bank or building society about what arrangements they can make. You should never give someone else your PIN number. Factsheet Leg 3 October of 8

5 The bank may allow someone else to take money out of your account for you, either temporarily or on a long term basis. This is called a Third Party Mandate and it authorises someone else to carry out transactions on your account. Different banks will have different rules about this. The Third Party Mandate comes to an end if you lose the capacity to manage your money. 2.2 Department for Work and Pensions Appointee If someone cannot manage their financial affairs, the Department for Work and Pensions can authorise someone else to act on their behalf for benefit and pension claims. This person is called an Appointee. The Appointee is responsible for making and maintaining any benefit claims. This could involve answering letters and phone calls, telling the Department for Work and Pensions about any changes which will affect the amount of benefit, signing forms and spending the money in the claimant s best interests. For more information contact The Age Scotland helpline Your local Citizens Advice Bureau call for details of your local service. See the Department for Work and Pensions website 3 Legal arrangements The best way to have support to manage your money is to set up a Power of Attorney whilst you have the mental capacity to do so. You can grant someone the power to help you straight away, or to help only if you lose the capacity to make decisions later in your life. For more information see Age Scotland s Guide to Power of Attorney in Scotland If someone has not set up a Power of Attorney and loses the capacity to make their own decisions there are three possible legal options. Detailed information about applications and processes is available from the Office of the Public Guardian in Scotland or you can call them on their general enquiries number Factsheet Leg 3 October of 8

6 We recommend that you take legal advice if you are considering any of these options. Withdrawer: a Withdrawer can be appointed to manage someone s day-today finances. Applications are made to the Office of the Public Guardian in Scotland Intervener: an Intervener can be appointed to make a one-off decision about welfare, finances and property matters. Applications are made to the Sheriff Court. Guardian: A Guardian can be appointed to make ongoing decisions about welfare and/or financial and property matters. Applications are made to the Sheriff Court. For more information about these options and how to apply see Age Scotland s guide Legal Options for someone who has lost capacity. 4 Further Information Age Scotland helpline The Age Scotland helpline provides information, friendship and advice to older people, their relatives and carers. If you need an interpreter call and simply state the language you need e.g. Polish or Urdu. Stay on the line for a few minutes and the Age Scotland helpline will do the rest. You can call us on for a copy of our publications list or download copies from our website at Support our work Every year, thousands of older people across Scotland benefit from the vital information and advice Age Scotland provides. If you would like to support this work and help improve the lives of older people in Scotland you can donate by: Giving us a call on and ask for the fundraising team. Visit our website at Factsheet Leg 3 October of 8

7 Across the UK For information and advice in the rest of the UK: In England contact Age UK Advice on In Wales contact Age Cymru on In Northern Ireland contact Age NI on ww.ageni.org.uk Disclaimer While we aim to ensure that the information in this document is factually correct at the time of production, Age Scotland cannot be held liable for any errors or omissions. Please ensure that you have an up to date factsheet and that it clearly applies to your situation. No factsheet can ever be a complete guide to the law, which also changes from time to time. Legal advice should always be taken if you are in doubt. Please note that the inclusion of named agencies, companies, products, services or publications in this factsheet does not constitute a recommendation or endorsement by Age Scotland. This factsheet may be reproduced in whole or in part in unaltered form with due acknowledgement to Age Scotland. Reproduction in any other form is not permitted without written permission from Age Scotland. Factsheet Leg 3 October of 8

8 Factsheet Leg 3 October of 8