1 March 2023
On 28 February, the Government published its response to the Ministry of Justice consultation on the Mental Capacity small payments scheme.
You can read their response here: https://www.gov.uk/government/consultations/mental-capacity-act-small-payments-scheme
We had significant engagement with officials working on this consultation and submitted our own response back in January 2022, where we supported the call for a small payments scheme, especially in relation to Child Trust Funds, as we regularly receive calls concerning the difficulty accessing the Child Trust fund when a young person who has Down’s syndrome reaches 18.
Despite the majority of respondents to the consultation (87%) thinking a small payments scheme was warranted, the Government has decided against launching such a scheme.
We understand many parents will be disappointed with this outcome, especially as they may view the task of applying to the Court of Protection, to access a relatively small amount of money, disproportionate.
However, we understand that this is a complex situation and recognize that the consultation responses demonstrated a lack of consensus on the safeguards needed to prevent abuse. The Mental Capacity Act 2005 was introduced to support vulnerable people who have difficulty making decisions for themselves and ensure that their interests are safeguarded. To have a separate scheme to access Child Trust Funds could be seen to go against these safeguards.
If a person does not have the capacity to make a decision for themselves at the time it needs to be made, you can apply to be a Deputy. You need to apply to the Court of Protection, and they will authorize your Deputyship to act in that person’s best interest. Two types of Deputyships exist:
- Property and financial affairs
- Personal Welfare
To apply to make decisions on someone’s behalf for property and finance, you will need to complete form COP1A. There is an example of this form, using the Child Trust Fund example, on the gov.uk website at https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-property-and-finance-form-cop1a
If a young person is in receipt of a means-tested benefit (such as Universal Credit once they have finished in education), then you can apply for an exemption and will not have to pay any fees https://www.gov.uk/government/publications/deputy-fees-remission-or-exemption
The current process of applying to the Court of Protection has been reviewed and a trial undertaken which reduced the processing time from 24 weeks to just 8.
Although this may seem complicated, becoming a Deputy is something that will remain in place and enable you to manage your relative’s affairs in the future. The Government website has lots of information about the role of the Deputy. https://www.gov.uk/become-deputy
Please remember our helpline (0333 1212 300, Monday to Friday, 10am – 4pm, or email info@downs-syndrome.org.uk) is available to respond to queries and that we also facilitate training on this important topic, which covers issues relating to the Mental Capacity Act.
We are running two sessions on Preparing for Adulthood on 15 and 16 March.
Find out more about these sessions and book your place here.
