Operational Guidelines: Appoint someone to act on your behalf

What is an Agent

An Agent is a person other than the person eligible to receive a social welfare payment, who is authorised to collect the person’s payment on a temporary or permanent basis and, in certain circumstances, is authorised to manage the person's social welfare affairs.

An agent authorised to collect a persons payments on a temporary basis is known as a Temporary Agent.

An agent authorised to collect payments on a more permanent basis is known as a Permanent Agent or a Type 1 Agent.

Where a persons medical circumstances warrant, an agent can be appointed to act on behalf of a person in relation to all aspects of their social welfare affairs, including the management of their financial affairs. This agent is known as a Type 2 Agent.

These guidelines set out the agent arrangements that can be put in place for people, depending on their personal circumstances, and the procedures to be followed when putting an arrangement in place.

Legislation

The main provisions are set out in:

• Section 244 and Section 257 of the Social Welfare Consolidation Act, 2005, as amended.
• Articles 201-203 and 209-210 of SI No. 142/2007 – Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, as amended.

Administration

• Temporary Agent arrangements are administered by An Post
• Type 1 and Type 2 Agent arrangements are administered by the department’s scheme area relevant to the persons social welfare payment

Policy Guidelines

Agent policy is administered by:

Social Welfare schemes eligible for the appointment of an Agent:

• Blind Pension
• Carer's Allowance
• Death Benefit Scheme (under the Occupational Injuries Scheme)
• Deserted Wife's Allowance
• Deserted Wife's Benefit
• Disability Allowance
• Invalidity Pension
• State Pension (Contributory)
• State Pension (Non-contributory)
• Bereaved Partner’s (Contributory) Pension
• Bereaved Partner’s (Non-contributory) Pension

Temporary Agent

An Post facilitate a Temporary Agent arrangement which may be suitable where a person needs another person to collect their payment for a short period (a maximum of 5 payments in 6 months).

Who can be a Temporary Agent

Any person over 18 years of age and nominated by the person.

Obligations of a Temporary Agent

The Agent is obliged to pass the full amount without deduction to the person.

The process for nominating a Temporary Agent

The customer nominates the person they wish to have as their Agent. The nomination must be made on a form known as a TA1 Form. The form is available at Post Offices or on An Post’s website here. The customer completes and signs the form and gives it to the person they have nominated.

The nominated person presents the completed TA1 form, along with their own photo ID and the persons Public Services Card or Social Services (Swipe Card), at the Post Office, to receive a payment on behalf of the person. A Temporary Agent form must be completed for every collection.

Responsibility for consenting to a Temporary Agent nomination

An Post consents to the nomination if considered appropriate.

Cancelling a Temporary Agent arrangement

A person can withdraw their Agent nomination in writing to An Post, if they change their mind or if the arrangement is not working out to their satisfaction.

An Post can withdraw its consent to a nomination where it is considered that the circumstances so warrant, for example, where there is reason to believe that the Agent is not passing the payment in full to the person or the temporary period for collection has expired.

A Type 1 Agent arrangement may be suitable for people who wish to receive payment at a nominated Post Office, but who will be unable to attend in person for the foreseeable future.

Who can be a Type 1 Agent

Any person over 18 years of age.

Who cannot be a Type 1 Agent

A person under 18 years of age.

Obligations of a Type 1 Agent: The Agent must pass the full amount of payment to the person without any deduction. The Agent must notify the department in writing of any changes in circumstances, including a deterioration of the persons capacity, that may cause this Agent arrangement to be inoperable.

The process for nominating a Type 1 Agent: The customer nominates the person they wish to have as their Agent. The nomination is made on the Application form for Nomination of a Type 1 Agent for payment collection (other than HSE). The form is available at Post Offices, Social Welfare Intreo Offices or on the Gov.ie website here. The customer sends the form to the relevant scheme area within the department for consideration.

The department’s scheme area consents to an Agent nomination. Consent can only be given when the scheme area is satisfied that:

• the appropriate application form is received and is fully completed
• the nominated person is over 18 years of age
• the customer’s signature matches the customer’s signature on the Departments records
• the nominated person has signed the declaration(s) on the form
• the Decision Support Service (DSS) Register has been checked and there is no indication that a Decision-Making Representative with responsibility for social welfare matters has been appointed under the Assisted Decision-Making (Capacity) Act 2015 (ADMCA)
• the Decision Support Service (DSS) Register has been checked and there is no indication that an active Enduring Power of Attorney created on or after 26 April 2023 is in place
• there is no other legal arrangement in place that would preclude the appointment of an Agent, for example, an active Enduring Power of Attorney created before 26 April 2023 and since registered with the Courts

Recording and notifying consent to a nomination

Staff consenting to a Type 1 Agent nomination must issue a letter to the person confirming that the department has consented to their nomination, outlining the Agent’s obligations and advising of the right of the person to withdraw their nomination if they change their mind or if the arrangement is not working out. A letter must also issue to the nominated Agent, outlining the manner of payment and their obligations.

Payment collection by a Type 1 Agent

The Agent must present the letter issued to them by the department, the persons Public Service Card and their own form of identity to receive a payment at the Post Office.

Cancelling a Type 1 Agent arrangement

A person can withdraw their Agent nomination, if they change their mind or if the arrangement is not working out. Written notice must be given to the department. The Agent’s consent is not required and it is not necessary to notify the Agent. Alternatively, a person can request a change of Agent by completing a new form.

The department can withdraw its consent to a nomination where it is considered that the circumstances so warrant, for example, where there is reason to believe that the Agent is not passing the payment in full to the person. This should be done promptly to avoid unauthorised access to a persons payment. The Agent’s consent is not required and it is not necessary to notify the Agent.

A Type 2 Agent may be suited to a person who is unable to manage their financial affairs and who does not have another person legally appointed to represent them.

The circumstances in which a person is considered to be unable to manage their financial affairs may include one or more of the following:

• an inability to understand the information relevant to possible entitlements to benefit
• an inability to retain information relevant to possible entitlement to benefit long enough to make voluntary choices relevant to possible entitlements to benefit
• an inability to use or weigh relevant information as part of the process of making decisions necessary to manage benefit payments received
• an inability to communicate any decision or respond to correspondence or enquiries concerning the claim or benefit (whether by talking, writing, using sign language, assistive technology, or any other means) or, if the communication of the decision or response requires the act of a third party, to communicate by any means with that third party

Who can have a Type 2 Agent

A recipient of any of the social welfare payments listed on page 4 can have a Type 2 Agent:

• who is certified by a registered medical practitioner as being unable to manage their financial affairs for the time being
• who is not a Ward of Court
• who does not have an Enduring Power of Attorney created on or after 26 April 2023 and notified as active with the Decision Support Service (DSS)
• who does not have a Decision-Making Representative with responsibility for the management of social welfare matters appointed under the Assisted Decision- Making (Capacity) Act 2015 (ADMCA)
• who does not have a Co-Decision-Making agreement (registered with the DSS) in place
• who does not have a Decision-Making Assistance agreement (certified by the DSS) in place; and
• where there is no other legal arrangement in place that would preclude the appointment of an Agent such as an active Enduring Power of Attorney created before 26 April 2023 and since registered with the Courts, an interim court order or Ward of Court order

Who can be a Type 2 Agent

A person (other than the medical practitioner who certified the customer as being unable to manage their financial affairs) and who is over 18 years of age. This could be a family member or any other person who has a good and sufficient interest in the welfare of the person. In cases where a person is resident in an institution such as a residential care or nursing home facility on a long-stay basis, a representative of the institution may be well placed to manage the persons financial affairs if there is no other suitable person available to do so.

Who cannot be a Type 2 Agent

• the medical practitioner who certified that the person is unable to manage their financial affairs
• a person who is adjudicated as bankrupt and the bankruptcy has not been discharged or the declaration annulled
• a person who has been convicted of an offence involving fraud or dishonesty
• a person who has been convicted of an offence against the person or property of the person concerned

Obligations of a Type 2 Agent

The obligations of an Agent are set out in legislation. An Agent must:

• act in good faith and for the benefit of the person
• act in a personal capacity and not delegate responsibility to any other person
• receive and deal with any sum payable by way of benefit on behalf of the person. Residential Care Agents should deal with the balance of any sum payable by way of benefit after deductions of nursing home fees
• make payments only on items or services which are of benefit to the person including all reasonable expenses for assuring the personal welfare of the person concerned
• not spend money on items or services to which the person has an entitlement where those items or services are available and accessible to the person concerned
• ensure that the balance of any benefit is lodged to an interest-bearing account for the benefit of the person
• keep a record of all sums received by way of benefit which have been lodged to an interest-bearing account on behalf of the person
• keep a record of all other transactions made in relation to sums received by way of benefit on behalf of the person; and
• produce the records kept, when requested to do so by the person or by an officer of the Minister

The process for applying to be appointed as a Type 2 Agent

Anyone applying to become a Type 2 Agent, other than the HSE Private Property Account manager, must apply on the Nomination of a Type 2 Agent to act on behalf of the customer (other than HSE) form. This includes representatives of private nursing homes where the person is resident. The form is available at Post Offices, Social Welfare Intreo Offices or on the Gov.ie website, link here. The applicant sends the form to the relevant scheme area of the department for consideration.

Who determines a person’s inability to manage their financial affairs?

A registered medical practitioner determines a person’s inability to manage their affairs and completes the certificate on the Type 2 Agent form, having regard to the circumstances detailed above. The circumstances in which a person is considered to be unable to manage their financial affairs are specified on the Type 2 Agent form. The medical practitioner’s certification should be relied upon by staff when processing an Agent application.

Terminating/revoking/resigning from an Agent appointment

An Agent arrangement terminates on the date of death of the person. Otherwise, staff in the scheme area can at any time revoke an Agent appointment if the arrangement is not working satisfactorily.

An appointed Agent may resign on giving one month’s notice in writing to the department of their intention to do so.

Offences

It is an offence under Social Welfare legislation for a Type 2 Agent not to fulfil their obligations. If it is found that a Type 2 Agent is in breach of their obligations, this could potentially lead to prosecution under the Social Welfare Consolidation Act 2005.

Reports of abuse, financial or otherwise, should be notified to Safeguarding Unit for its independent action.