Mental Health and Benefits Handbook 1st editionPart 3: Key topics Chapter 18: Support, escalation and third parties
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Chapter 18: Support, escalation and third parties
Key facts
    •You can give permission for someone (eg, an adviser or family member) to deal with benefit agencies or the tribunal on your behalf. This person is sometimes known as a ‘third-party representative’.
    •A third-party representative needs to show that they have your consent to act on your behalf. There are different consent rules for different benefits.
    •If you cannot manage your benefits at all, somebody else can become your ‘appointee’. This person takes on all your rights and responsibilities in respect of your benefits. This is greater commitment than being a third party representative.
    •There is extra support within the benefits system that you should be offered if you need it – eg, reasonable adjustments and recognition for complex needs.
    •You should be able to escalate an urgent benefit issue to somebody more senior if it is not getting resolved.
1. Representatives and consent
You can give permission for someone (eg, an adviser or family member) to deal with benefit agencies or the tribunal on your behalf. This person is sometimes known as a ‘third party representative’ or an ‘intermediary’.
Giving consent is not always straightforward because public bodies have data protection duties and are cautious about discussing your personal details with anyone who is not you. There are different rules on consent for different benefits.
Consent rules
Universal credit
To deal with the universal credit (UC) division of the DWP on someone else’s behalf, you need their explicit consent.1DWP, Universal Credit Guidance, ‘Consent and disclosure including when to share with third parties’, v24.0, available at rightsnet.org.uk/universal-credit-guidance This means that they need to tell the UC division who you are and what you have permission to discuss on their behalf. They can do this:
    •in a message on their online journal;
    •by post using an authority form (see here);
    •by telephone;
    •in person – eg, at a job centre appointment.
They should specify your name, organisation (if relevant) and contact details, and what you have their permission to do. They should also try to specify what information you need from the DWP and why.
Explicit consent is usually time-limited. It lasts until a specific issue is resolved or, when this does not apply, until the end of the following assessment period. If you are supporting somebody long-term, you might need to renew explicit consent regularly – eg, with monthly journal notes.
There is no equivalent of ‘implicit consent’ (see below) for telephone calls to the UC helpline.
 
1     DWP, Universal Credit Guidance, ‘Consent and disclosure including when to share with third parties’, v24.0, available at rightsnet.org.uk/universal-credit-guidance  »
Other DWP benefits
The following rules apply to DWP-administered benefits other than UC – eg, personal independence payment (PIP) and employment and support allowance (ESA).
If you are writing a letter to the DWP on behalf of somebody you are supporting, attach an authority form (see here) and ask to receive a copy of any response to the letter.
If you are calling a benefit helpline and the person you are supporting is not with you, you have two options. If you have already written to the DWP (about that benefit) with an authority form, you can ask the call handler to find this on file and speak to you on this basis. Otherwise, start the call by explaining that you would like to discuss the claim under implicit consent (also known as an ‘alternative enquiry‘).
For this option, you should be asked a series of questions about the person you are supporting and their benefit(s). If you answer enough of these questions correctly, you can then discuss details of the claim. However, even if you answer enough questions correctly, the call handler has some discretion about which details to share with you.
Examples of questions for implicit consent
National insurance number
Date of birth
Address
Date of last payment
Which other benefits does this person get?
Which bank is their benefit paid into?
If a call handler refuses to accept implicit consent, you can ask to add the person you are supporting to the call through a conference calling or call merge facility so that they can confirm you have their permission to proceed.
You cannot usually, as a third party, report a change of circumstances on behalf of the person you are supporting (eg, a change of address or a deterioration in health) unless the person you are supporting is also on the call and gives verbal consent first.
What the DWP says: non-UC benefits 1DWP, ‘Working with representatives: guidance for DWP staff’, 17 December 2021, available at gov.uk/government/publications/working-with-representatives-guidance-for-dwp-staff
‘Customers have the right to ask a representative to help them conduct their business with the [DWP] and it is important that the DWP balances this with our duty to protect the personal information we hold. (…)
‘Where there is no valid written authority, or the customer is not present to confirm permission verbally, (….) staff must ask questions and use judgement based on the answers in order to determine whether or not the caller is a genuine representative, and alternative enquiry can be assumed. (…)
‘The information we can disclose to a representative must be limited, current, and focused to the relevant enquiry. (…) For example: information about the progress of the claim; how benefit or payment has been calculated; how a particular payment is made up; rates of specific benefits in payment; why a particular benefit, premium or allowance has been allowed or disallowed; what factors have been taken into account in reaching a decision; [and] what future action is likely to be taken on the claim. (…)
‘Where written authority is held, all possible steps should be taken to inform the representative at the same time as the customer is informed.’
 
1     DWP, ‘Working with representatives: guidance for DWP staff’, 17 December 2021, available at gov.uk/government/publications/working-with-representatives-guidance-for-dwp-staff »
Adult disability payment and child disability payment
Adult disability payment (ADP) and child disability payment (CDP) are administered by Social Security Scotland (SSS).
If you need to discuss somebody else’s ADP or CDP with SSS, that person generally needs to give explicit consent first. This can be done by telephone or by post using an authority form. SSS has its own preferred authority form which you can download at mygov.scot/third-party-authorisation-form. Alternatively, you can use another authority form (see here) but it must clearly state that it applies to SSS benefits. If you are supporting someone long-term, you may need to update this consent regularly.
In the future, it might be possible to use ‘implicit consent’ (see here) in some cases. 1SSS, ‘Acting on behalf of someone claiming benefits’, 22 August 2022, available at mygov.scot/acting-on-behalf-of-someone-claiming-benefits. Further guidance is due to be published as Part 7 to SSS, ‘Client Representative guidelines’, available at socialsecurity.gov.scot/guidance-resources/guidance/client-representative-guidelines. See also s59 SS(S)A 2018
What Social Security Scotland says2SSS, ‘Acting on behalf of someone claiming benefits’, 22 August 2022, available at mygov.scot/acting-on-behalf-of-someone-claiming-benefits.
‘A third party representative can:
– support a person in making an application
– ask how an application is going
– make phone calls
– receive copies of Social Security Scotland notifications
– ask for an explanation of a person’s entitlement and how it was decided
– help with a redetermination or appeal’
 
 
1     SSS, ‘Acting on behalf of someone claiming benefits’, 22 August 2022, available at mygov.scot/acting-on-behalf-of-someone-claiming-benefits. Further guidance is due to be published as Part 7 to SSS, ‘Client Representative guidelines’, available at socialsecurity.gov.scot/guidance-resources/guidance/client-representative-guidelines. See also s59 SS(S)A 2018 »
2     SSS, ‘Acting on behalf of someone claiming benefits’, 22 August 2022, available at mygov.scot/acting-on-behalf-of-someone-claiming-benefits. »
Housing benefit
If you write to the local authority about someone else’s housing benefit (HB), you need to attach an authority form (see here). Although not essential, it can be worth asking if your local authority has a preferred authority form template and whether you can send the form by email instead of post if this will save time.
If you want to discuss someone else’s HB by telephone, it is likely that you will need to send written consent in advance or have the person you are supporting with you on the call. Alternatively, you might be able to discuss the HB in person at a local authority office. The person you are supporting must usually be present or you must have their written authority.
Child benefit and tax credits
This Handbook does not cover child benefit or tax credits in detail. To discuss these benefits with HMRC on somebody else’s behalf, you usually need to submit a Form TC689. See GOV.UK for more details.
The tribunal
HM Courts and Tribunals Service
Most benefit appeals are dealt with by HM Courts and Tribunals Service (HMCTS) – but see below for ADP and CDP appeals. You can be added as a representative when the person you are supporting is making their appeal. They should provide your details in the representative section of the appeal form. You can also be added as a representative later in the appeal process. Make this request in writing by email or post, attaching an authority form (see here). When you are a representative in someone’s appeal, you should be sent copies of all the correspondence that they receive.1r11 TP(FT) Rules; r11 TP(UT) Rules; CIB/1009/2004; CIB/2058/2004; MP v SSWP (DLA) [2010] UKUT 103 (AAC)
See here for more information about HMCTS and appeals.
Scottish Courts and Tribunals Service
The Scottish Courts and Tribunals Service (SCTS) deals with appeals about ADP and CDP. The person you are supporting can notify SCTS at any stage in the appeal process that you are supporting them as a representative. You should then be sent copies of all correspondence that they receive. Note: the SCTS rules do not explicitly allow you to make an appeal on somebody else’s behalf, so the person you are supporting should always sign their own appeal form.2r9 FTT(S) Rules; these do not contain an equivalent provision to r11(5) TP(FT) Rules
See here for more information about SCTS and appeals.
 
1     r11 TP(FT) Rules; r11 TP(UT) Rules; CIB/1009/2004; CIB/2058/2004; MP v SSWP (DLA) [2010] UKUT 103 (AAC) »
2     r9 FTT(S) Rules; these do not contain an equivalent provision to r11(5) TP(FT) Rules »
The NHS (for medical evidence)
You can ask the NHS to disclose medical evidence to you on behalf of the person you are supporting. You need that person’s written consent (ie, an authority form – see here).1NHS, ‘Can I access someone else’s medical records (health records)?’, 3 February 2020, available at nhs.uk/common-health-questions Chapter 13 has more information about requesting medical evidence.
 
1     NHS, ‘Can I access someone else’s medical records (health records)?’, 3 February 2020, available at nhs.uk/common-health-questions »
Producing an authority form
An authority form is a short written statement confirming that you agree for someone else to act on your behalf in relation to your benefits.
It should contain your full name, date of birth, national insurance (NI) number and address. It should state clearly the name of the person whom you authorise to act on your behalf and spell out what you agree for them to do – eg, ‘act on my behalf in all benefit matters’; ‘discuss my personal independence payment with the DWP and contact the NHS to request medical evidence on my behalf’; ‘write to my local authority about my housing benefit’. It must be signed and dated.
Most advice organisations have their own templates.
 
Example authority form
I, …………………………………………………..…. (name, date of birth, NI number)
of ………………………………………….………… (address)
authorise the disclosure of information to ………………………………………… (name, role/relationship, and where relevant organisation)
by the DWP, local authorities and HMCTS in relation to all benefit matters including benefit appeals and by the NHS in respect of my medical records.
I authorise this person/organisation to act on my behalf in relation to all benefit matters including benefit appeals and in making a subject access request to any public body.
Signed: …………………………………………….
Dated: ………………………………………………
Note: for UC, you might need to include more detail about which information you want the DWP to disclose and why it is needed, to ensure that an authority form satisfies the DWP’s explicit consent rules (see here).
An authority form might not be accepted if it is considered out-of-date. If you are being supported by somebody long-term, it can be a good idea to sign a new form every three or six months (or monthly for UC). You can withdraw consent at any time by contacting the relevant benefit department, HMCTS or NHS team by telephone or in writing.
2. Appointeeship
If you cannot claim or manage benefits for yourself (eg, because of a severe mental health problem) someone else can be authorised to act on your behalf.1UC/PIP/new-style JSA&ESA Regs 57 and 58 UC,PIP,JSA&ESA(C&P) Regs
Other DWP benefits Regs 30 and 33 SS(C&P) Regs
CDP/ADP ss85A and 85B SS(S)A 2018
HB Reg 82 and 94 HB Regs; reg 63 and 75 HB(SPC) Regs
 This person is called an ‘appointee’. The support they give you goes further than the support you can get from a third-party representative – the appointee takes on all of your rights and responsibilities as a claimant, including receiving payments.
An appointee can be, for example, a family member, friend, solicitor or representative of your local authority. Note: if someone is already legally appointed to take care of your finances (eg, a deputy or somebody who has lasting power of attorney) you are unlikely to need an appointee.
 
1     UC/PIP/new-style JSA&ESA Regs 57 and 58 UC,PIP,JSA&ESA(C&P) Regs
Other DWP benefits Regs 30 and 33 SS(C&P) Regs
CDP/ADP ss85A and 85B SS(S)A 2018
HB Reg 82 and 94 HB Regs; reg 63 and 75 HB(SPC) Regs
 »
DWP benefits
For DWP benefits, an appointee must be over 18. To apply, the potential appointee should contact the helpline for the benefit in question. The DWP arranges for someone to visit to assess if an appointee is needed, and to make sure the proposed appointee is suitable. The application form (Form BF56) can be completed by the visiting officer during the assessment. If the DWP agrees with the application, it sends Form BF57 to the appointee, confirming their appointment.
The appointeeship continues until you are clearly able to manage your affairs or the appointee no longer wishes, or is no longer able, to act for you. It can also be stopped if the appointee is not acting properly.1UC/PIP/new-style JSA&ESA Regs 57 and 58 UC,PIP,JSA&ESA(C&P) Regs
Other DWP benefits Regs 30 and 33 SS(C&P) Regs
 If you want an appointeeship ended, contact the relevant benefit department using its helpline or by post.
Appointeeship and assessments
If you have an appointee, they should be the one contacted by an assessment provider if you are required to take part in an assessment (see Chapter 14). However, the appointee cannot simply attend on your behalf – you also need to be there and the expectation is that you answer the questions yourself. If this is not appropriate in the circumstances, your appointee should ask that your claim is decided without the need for an assessment (see here). Note: you must never be assessed on your own if you have an appointee.2PIP AG paras 1.15.14-19; DWP, Work Capability Assessment handbook: for healthcare professionals, 10 October 2022, available at gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals at para 3.1.3
 
1     UC/PIP/new-style JSA&ESA Regs 57 and 58 UC,PIP,JSA&ESA(C&P) Regs
Other DWP benefits Regs 30 and 33 SS(C&P) Regs
 »
2     PIP AG paras 1.15.14-19; DWP, Work Capability Assessment handbook: for healthcare professionals, 10 October 2022, available at gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals at para 3.1.3 »
Adult disability payment and child disability payment
If you are 16 or over, you can have an appointee (who must also be 16 or over) if you are incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000, with no guardian acting or appointed under that Act and no other person who has the power to act on your behalf and is willing to do so. In future, you may be able to have an appointee if you are not incapable within the meaning of that Act but you have agreed to the appointeeship.
If a child is claiming CDP, a person aged 16 or over can be made their appointee if there is no one who lives with, and has responsibility for, them and is willing to act on their behalf.
An appointeeship may be ended at any time by SSS. A request can be made to end an appointeeship by the child or adult it concerns, by another person with an interest in their welfare or financial affairs, or (for CDP) by someone with parental responsibility.1ss85A and 85B SS(S)A 2018
 
1     ss85A and 85B SS(S)A 2018 »
Housing benefit
If no one has been formally appointed to look after your affairs (eg, as a deputy), the local authority can make someone aged over 18 your appointee. This person can write to the local authority to ask to be your appointee.
An appointee can resign after giving four weeks’ notice. The local authority may also end their appointeeship at any time. If someone is given a formal legal appointment, that person automatically takes over from the person appointed by the local authority.1Reg 82 HB Regs; reg 63 HB(SPC) Regs
 
1     Reg 82 HB Regs; reg 63 HB(SPC) Regs »
Child benefit and tax credits
This book does not cover child benefit or tax credits in detail. See GOV.UK for more details about appointeeship.1For child benefit, see reg 28 CB&GA(Admin) Regs
 
1     For child benefit, see reg 28 CB&GA(Admin) Regs »
The tribunal
An appointee can submit a benefit appeal and discuss it with HM Courts and Tribunal Service or the Scottish Courts and Tribunal Service on your behalf.1UC/PIP/new-style JSA&ESA Reg 49 UC,PIP,JSA&ESA(D&A) Regs
Other DWP benefits Reg 25 SS(D&A) Regs
CDP/ADP ss85A(5) and 85B(9) SS(S)A 2018
HB Sch 7 para 6(3) and (6) CSPSSA 2000
 If you have an appointee, it may not be appropriate for you to be required to attend an appeal hearing or give evidence.2HMCTS, Senior President of Tribunals’ Practice Direction on Child, Vulnerable Adult and Sensitive Witnesses, available at judiciary.uk Your appointee can participate in a hearing and their evidence will be weighed like any other evidence (see here). Chapter 17 has more information about appeal hearings.
 
1     UC/PIP/new-style JSA&ESA Reg 49 UC,PIP,JSA&ESA(D&A) Regs
Other DWP benefits Reg 25 SS(D&A) Regs
CDP/ADP ss85A(5) and 85B(9) SS(S)A 2018
HB Sch 7 para 6(3) and (6) CSPSSA 2000
 »
2     HMCTS, Senior President of Tribunals’ Practice Direction on Child, Vulnerable Adult and Sensitive Witnesses, available at judiciary.uk »
3. Support within the benefits system
If you need support to claim or manage benefits, you may be able to get it from friends or family, charities, your local authority, or a number of other sources. See advicelocal.uk as a starting point to find out what help is available.
There is also support you should be offered within the benefits system – ie, extra support from DWP and the other public bodies that pay benefits.
Complex needs guidance
‘Complex needs’ is a term often used by the DWP, and sometimes by other bodies, to describe additional support needs – eg, as the result of a mental health problem, another health issue or disability, domestic abuse, a life event such as bereavement, or sometimes due to factors like age or parenthood.
This term can be frustrating because often we feel our needs are not complex at all, but are simply not being noticed, listened to or understood. Another term used often is ‘vulnerability’, which has its own problems as a catch-all term.
The DWP and other benefit agencies have some internal guidance about recognising complex needs/vulnerability and offering the appropriate support. This guidance often tells staff to offer reasonable adjustments (see here) and to consider whether someone has good reason for failing to meet certain requirements – eg, see here for universal credit (UC) and employment and support allowance (ESA), and here for personal independence payment (PIP). There is also guidance about home visits the DWP should make in certain circumstances before stopping your payments (see here).
In practice, it is clear that complex needs are not always recognised or acted on appropriately. Much is left to the discretion of individual work coaches and decision makers who might lack the time, knowledge or confidence to take the right steps.
What the DWP says: complex needs
For UC: ‘When a claimant with complex needs contacts DWP, their customer journey must be equal in quality and outcome to those whose needs are not complex.’1DWP, Universal Credit Guidance, ‘Complex needs overview’, v18.0, and see also ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance
For PIP: ‘In the PIP journey, [some] claimants are considered to require additional support from DWP and elements of the PIP claims process have been adapted to provide further support for this group.’2PIP AG at para 1.12.3
For PIP assessments: ‘[Healthcare professionals should] consider the needs of vulnerable claimants. A vulnerable claimant is defined as “someone who has difficulty in dealing with procedural demands at the time when they need to access a service”.’3PIP AG at para 1.3.11
 
 
1     DWP, Universal Credit Guidance, ‘Complex needs overview’, v18.0, and see also ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance »
2     PIP AG at para 1.12.3 »
3     PIP AG at para 1.3.11 »
Communicating complex needs
You have probably told the DWP, Social Security Scotland (SSS) or the local authority quite a lot about your diagnosis or symptoms, but this does not guarantee that they understand what support you need to claim benefits. For example, mentioning your mental health problem when claiming UC does not mean that your work coach automatically understands the arrangements you need for job centre appointments. You may therefore decide to send a clear ‘alert’ to the DWP or other benefit agency, spelling out how your condition affects your ability to cope with the benefits system and additional support you might need while claiming benefits. It is often best to do this in writing – eg, in a short letter or on your UC journal. You can do this at any point. Some advice agencies have a template that you can use.
Complex needs markers
After you have told a benefit agency about complex needs, it should record this information appropriately and use it to give you consistent support.
For UC, DWP staff should record information about complex needs in the ‘profile notes’ within your UC records. Other staff members coming to your case should routinely check this section.1DWP, ‘Spotlight on: Using the claimant profile to record complex needs’, October 2020. See freedom of information response reference FOI2021/18134 at whatdotheyknow.com
Guidance also suggests that a mental health flag can be used on the DWP’s medical services referral system, the portal between the DWP and assessment providers for UC and ESA assessments.2DWP, Universal Credit Guidance, ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance
For PIP, the DWP can add an ‘additional support marker’ to your records if you have a mental health problem. This should then be considered throughout the PIP claim process and throughout your PIP award. It should also be taken into account by assessment providers.3PIP AG at paras 1.12.1-6
 
1     DWP, ‘Spotlight on: Using the claimant profile to record complex needs’, October 2020. See freedom of information response reference FOI2021/18134 at whatdotheyknow.com »
2     DWP, Universal Credit Guidance, ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance »
3     PIP AG at paras 1.12.1-6 »
Reasonable adjustments
Under the Equality Act 2010,1ss20, 21 and 29 EA 2010. See also s19 public bodies and assessment providers have a duty to make ‘reasonable adjustments’ to avoid disadvantage to people with disabilities, and a failure to make these adjustments is discrimination. (See here about the meaning of ‘disability’.)
A reasonable adjustment might include:
    •sending you information about your benefit in a particular format;
    •letting you claim UC by telephone if you cannot manage an online claim (see here);
    •changes to job centre appointments and other work-related requirements (see here);
    •offering a particular venue or format for an assessment (see here);
    •alternative payment arrangements (covered in the relevant benefit chapters of this Handbook).
In practice, if you need a reasonable adjustment, it usually falls to you to request it (see here about communicating your needs). If your request is refused, you may be able to bring a legal challenge against this decision. Get specialist advice if you are considering this.
What the DWP says: UC2DWP, Universal Credit Guidance, ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance
‘DWP has a duty under the Equality Act to offer reasonable adjustments to claimants with disabilities and/or health conditions. DWP staff also have a duty to provide extra support to claimants suffering from mental health conditions.
’It is important to talk, and actively listen, to the claimant to find out what support they need and their preferred communication method. …Be flexible – there is no one size fits all approach.’
 
1     ss20, 21 and 29 EA 2010. See also s19 »
2     DWP, Universal Credit Guidance, ‘Mental health’, v4.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance »
Special rules about returning forms
The DWP’s guidance states that if you have been identified as having a ‘mental or cognitive impairment’ (which can include a mental health problem), your PIP claim should not be affected if you fail to return a How your disability affects you questionnaire. You should simply be referred straight on for an assessment.1PIP AG at para 1.1.7
Guidance also suggests that the DWP may refer you straight for an assessment if you fail to return an UC50 or ESA50 form and are known to have a mental health problem.2DWP, Guidance: Capability for Work Questionnaire, disclosed to CPAG in response to freedom of information request reference FOI2022/102752 on 6 January 2023
 
1     PIP AG at para 1.1.7 »
2     DWP, Guidance: Capability for Work Questionnaire, disclosed to CPAG in response to freedom of information request reference FOI2022/102752 on 6 January 2023 »
Home visit before payments are stopped
If you are recognised as having complex needs or being vulnerable, the DWP’s guidance sets out situations when it must make a home visit before it stops paying your UC or ESA – eg, because of a sanction or because you have failed to attend an assessment.
Note: this does not apply in every case where payments are stopping. It is unlikely to apply, for example, if you lose your entitlement to ESA because you are found fit for work after attending an assessment.
What the DWP says: home visits
For UC: ‘A claimant may have complex needs and or a health condition that affects their ability to understand their requirements and the consequences of not doing what is required of them. A sanction must not be considered until at least two attempts have been made to complete a home visit.’1DWP, Universal Credit Guidance, ‘Home visits’, v12.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance
For ESA: ‘If DWP knows that a claimant has a condition that could affect their ability to understand or comply with their obligations or conditionality, or to understand the implications of not so complying, a Core Visit to their home must be considered prior to any sanction or disallowance decision being made.’2DWP, Core Visits - ESA Guidance, published in response to freedom of information request reference FOI2020/40120, 17 December 2020 available at whatdotheyknow.com
 
1     DWP, Universal Credit Guidance, ‘Home visits’, v12.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance »
2     DWP, Core Visits - ESA Guidance, published in response to freedom of information request reference FOI2020/40120, 17 December 2020 available at whatdotheyknow.com »
The tribunal
There is guidance the tribunal must consider when hearing your benefit appeal if you are recognised as vulnerable (see here).
Specialist staff members and teams
If you are trying to navigate the benefits system but are having difficulties related to your mental health, and frontline staff (eg, work coaches or helpline call handlers) are not providing the answers or support you need, one of the following might be able to help.
Disability employment advisers (DWP)
A disability employment adviser (DEA) is trained in supporting benefit claimants who have health issues and disabilities, including those with mental health problems. The DEA works within the job centre. While their role focuses on employment and work-related activity, they are intended to give personalised support and may help you resolve benefit issues that are not to do with work.
How to contact: ask in person at the job centre or put a request on your UC journal.
Work psychologists (DWP)
Work psychologists are occupational psychologists employed by the DWP. They provide guidance to other staff members and employers and sometimes one-to-one support to individuals, usually with the aim of helping people get into work or progress in work
How to contact: you are usually referred by a DEA (see above).
Partnership managers (DWP)
Local partnership managers are based at the job centre and are intended to build relationships with organisations external to the DWP – eg, health bodies, the local authority and advice agencies. If your case needs specific attention (eg, because an issue is not getting resolved through the usual channels), one of these organisations can raise it with a partnership manager who might be able to help.
How to contact: through an organisation supporting you.
Vulnerable claimant champions (DWP)
There is limited public information about vulnerable claimant champions (VCCs). They appear to work in some, but not all, DWP benefit centres (ie, DWP’s administrative and decision-making offices) to provide guidance and support to other staff members and possibly to individual claimants. If your issue is with a benefit like PIP that is not typically dealt with in the job centre, a VCC might be better positioned to help with your case than the job centre-based staff members above.
How to contact: ask a helpline call handler to refer you or send a written request to the benefit centre.
Visiting officers (DWP)
The DWP has a visiting service for benefit claimants who need extra support with benefits – eg, because of complex needs and/or a disability. If the DWP agrees that you are eligible, it can send one of its visiting officers to visit you at home or in another setting.
How to contact: see gov.uk/support-visit-benefit-claim.1For UC, see also DWP, Universal Credit Guidance, ‘Home visits’, v12.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance
 
1     For UC, see also DWP, Universal Credit Guidance, ‘Home visits’, v12.0, House of Commons library deposited papers, available at rightsnet.org.uk/universal-credit-guidance »
Advanced customer support senior leaders (DWP)
The DWP employs advanced customer support senior leaders (ACSSLs) for each region it works in. These senior figures give guidance to DWP staff about cases involving a risk of harm. ACSSLs sometimes work directly with external bodies by agreement (eg, local authorities or advice agencies) to resolve urgent issues for individual claimants.
How to contact: ask a DWP staff member to refer your case, or ask your local authority/advice agency if it can make a referral.
Independent advocates (SSS)
In Scotland, if you have any kind of disability and are making a claim for adult disability payment (ADP) or child disability payments (CDP), you have a right to be assisted by an independent advocate. This advocate is not an adviser but helps you to communicate – eg, to complete forms, ask questions, and understand information. You can have someone to support you (see here) as well as having an independent advocate.1s10 SS(S)A 2018; reg 2 SS(ASS)(S) Regs; Social Security Advocacy Service Standards, available at gov.scot/publications/social-security-advocacy-service-standards
How to contact: use the main SSS helpline or webchat and ask to be referred to the independent advocacy service.
 
1     s10 SS(S)A 2018; reg 2 SS(ASS)(S) Regs; Social Security Advocacy Service Standards, available at gov.scot/publications/social-security-advocacy-service-standards »
Local delivery client support advisers (SSS)
You can get additional support with ADP or CDP (including face-to-face support) from the SSS local delivery service. You are offered an appointment with a client support adviser. They can answer benefit questions, take you through application processes and forms, and give advice about supporting evidence.
How to contact: use the main SSS helpline or webchat and ask for a local delivery appointment
Local delivery relationship leads (SSS)
SSS employs local delivery relationship leads for each region in Scotland. They are intended to build relationships with organisations external to SSS – eg, health bodies, the local authority and advice agencies. If your case needs specific attention, one of these organisations can raise it with a local delivery relationship lead who might be able to help.
How to contact: through an organisation that is supporting you.1List of contact details available at socialsecurity.gov.scot/guidance-resources/resources/local-delivery-relationship-leads
 
1     List of contact details available at socialsecurity.gov.scot/guidance-resources/resources/local-delivery-relationship-leads »
4. Urgent cases
Sometimes a benefit issue needs to be resolved urgently in order to prevent a risk of harm. For example, a delayed decision or payment might leave you with no income and at risk of destitution, or you might urgently need an appointeeship to be ended because the person acting as your appointee is not spending your money to meet your needs. You should be able to ‘escalate’ an urgent benefit issue to somebody more senior within the benefits system if it is not getting resolved through the usual routes.
There is no single policy about how to escalate a case within the DWP. The best option from the following list is likely to depend on the situation. It is not usually recommended that you pursue more than one of them at once. You might:
    •(particularly if the issue has started because of action taken by a work coach) ask to escalate the issue to a job centre line manager or to discuss it with your job centre’s disability employment adviser (see here); or
    •ask that the case is referred to the regional vulnerable claimant champions, advanced customer support senior leaders or to the visiting service (see here); or
    •make a complaint, involve your MP and/or consider judicial review (see Chapter 17). Note: the complaints process can be slow, so complaining is unlikely to be enough on its own to resolve an urgent issue; or
    •ask an advice worker to help with any of these steps, and to use any additional contacts they have – eg, a partnership manager (see here).
What advisers say: escalation
‘My escalation contact is absolutely fantastic for supporting people with mental health problems and particularly who might be at risk of suicide and self-harm issues.’
For benefits administered by SSS, the starting point is to raise the issue through the main helpline by telephone on 0800 182 2222 (Text Relay Service: 18001 +0300 244 4000; British Sign Language users: contactscotland-bsl.org/device-direct) or by webchat. If this is unsuccessful, you might:
    •request an appointment with the local delivery service (see here); or
    •make a complaint, involve your MP and/or consider judicial review (see here). Note: the complaints process can be slow, so complaining is unlikely to be enough on its own to resolve an urgent issue; or
    •ask an advice worker to help with these steps and to use any additional contacts they have – eg, a local delivery relationship lead (see here).
For housing benefit, different local authorities can have their own escalation and complaints processes. It is often worth speaking to an advice worker (if possible, one employed by the local authority) for guidance on how to escalate an issue.
5. Safeguarding
Safeguarding in the benefits system
Safeguarding is the process of protecting people’s health, wellbeing and human rights. Certain public bodies and organisations have a safeguarding duty that means they need to make sure people are free from harm, abuse and neglect – eg, local authorities.1Mind, Health and Social Care Rights: Safeguarding in social care, available at mind.org.uk/information-support/legal-rights/health-and-social-care-rights/safeguarding-in-social-care
The DWP does not currently accept that it has this type of safeguarding duty. However, the DWP has guidance about how it should work with people it classes as having ‘complex needs’ or being ‘vulnerable’ (see here) including guidance about what it should do if you fail to return a benefit form (see here) or are at risk of being sanctioned (here).
The DWP also has guidance about ‘proactive disclosure’ – ie, disclosing information about you without your consent, including in the interests of your safety.
What the DWP says: proactive disclosure 2DWP, Universal Credit Guidance, ‘Consent and disclosure including when to share with third parties’, v24.0, available at rightsnet.org.uk/universal-credit-guidance
‘Where it is clear that a claimant with complex needs, or a child, faces clear and significant risks to their welfare or safety, DWP staff are explicitly empowered to proactively disclose information to the relevant body without the claimant providing explicit consent. (…) DWP staff are explicitly empowered to take any reasonable steps felt necessary in order to address these risks. This includes concerns about the risk of injury; ill treatment; neglect; physical or sexual abuse; [or] exploitation. These are examples and not a complete list.’
The DWP also has a ‘six-point plan’ detailing the steps staff members should take when someone says that they intend to attempt suicide or self-harm.3DWP, Suicide and self-harm DWP six point plan framework, v6.0, available at rightsnet.org.uk/universal-credit-guidance but not only relevant to UC
 
1     Mind, Health and Social Care Rights: Safeguarding in social care, available at mind.org.uk/information-support/legal-rights/health-and-social-care-rights/safeguarding-in-social-care »
2     DWP, Universal Credit Guidance, ‘Consent and disclosure including when to share with third parties’, v24.0, available at rightsnet.org.uk/universal-credit-guidance »
3     DWP, Suicide and self-harm DWP six point plan framework, v6.0, available at rightsnet.org.uk/universal-credit-guidance but not only relevant to UC »
Safeguarding someone you are supporting
If you are supporting someone with their benefits and you have a safeguarding concern about them, you can contact their local authority safeguarding adults board. If your concern falls under the Care Act 2014,1legislation.gov.uk/ukpga/2014/23/contents/enacted the local authority has a duty to respond and provide support. See the Mind website for more information on safeguarding from local authorities.2mind.org.uk/information-support/legal-rights/health-and-social-care-rights/safeguarding-in-social-care
If you work or volunteer for an organisation that supports people with benefits claims, make sure you are aware of the safeguarding policy for your organisation. Seek support and advice from someone within your organisation if you are concerned about someone’s wellbeing.
 
1     legislation.gov.uk/ukpga/2014/23/contents/enacted »
2     mind.org.uk/information-support/legal-rights/health-and-social-care-rights/safeguarding-in-social-care »