Clause 16 - Powers to make decisions and appoint deputies: general
Mental Capacity Bill
3:45 pm

Photo of Mr David Lammy

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)

I say to the hon. Members for Sutton and Cheam and for Daventry that if someone makes an EPA or an LPA the Department for Work and Pensions does not need to find an appointee; the attorney will do that.

I understand why the hon. Member for Sutton and Cheam brought the matter to the Committee's attention. There are more than 300,000 appointees for state benefits—nearly 175,000 for pensions and nearly 120,000 for income support. The public guardian's office manages about 18,000 receivers and deputies. It would be a huge change to take over the work of the 300,000 appointees. We have spoken on several occasions with DWP officials and there is continuing dialogue. They are committed to reviewing their regulations and guidance in light of the Bill. I undertake to meet with the relevant Minister in DWP to continue to take the issue forward.

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