Response to an invitation to request a means assessment
8.—(1) A service user or, subject to paragraphs (3) or (4), a service user’s representative, must provide a response to the local authority within 15 working days (or such longer period as a local authority may reasonably allow in accordance with regulation 9) of the date the invitation was issued.
(2) A service user complies with the requirement set out in paragraph (1) if that person or that person’s representative—
(a)requests that the local authority carries out an assessment of his or her means in accordance with section 5(1) of the Measure;
(b)requests assistance from any home visiting service that is available, if such assistance is required;
(c)provides the information that has been requested by the local authority in the format that the local authority has agreed to accept it;
(d)provides the documentation that has been requested by the local authority;
(e)requests an extension of time, where one is required, in which to provide the information or documentation (or both) that has been requested in accordance with regulation 7(1)(e), giving the reason or reasons why an extension of time is required.
(3) Where a service user has appointed a representative to act on his or her behalf, the service user must provide the local authority with the following—
(a)the name and address of the representative,
(b)confirmation that the representative is willing to act on his or her behalf,
(c)details of the nature and extent of the representative’s involvement in the means assessment process, and
(d)details of the nature and extent of the information that the local authority may share with his or her representative.
(4) Where a representative has been appointed to act on behalf of a service user by the Court of Protection or in accordance with the Enduring Powers of Attorney Act 1985(1) or the Mental Capacity Act 2005(2), the deputy or attorney so appointed must provide the local authority with—
(a)the original or a certified copy of the registered enduring power of attorney, or lasting power of attorney, or a certified copy of the appropriate order of the court, and
(b)documentation to prove the identity and address of the attorney or deputy and of the service user for whom he or she is acting.
(5) Unless the context otherwise requires, where a representative has been appointed in accordance with paragraph (3) or (4), any reference in this regulation or in regulations 9 to 13 to a service user, includes that person’s representative.
(6) Any request made in accordance with paragraph (2) or appointment made in accordance with paragraph (3) may be made or communicated orally or in writing by a service user but must be confirmed by a local authority in writing, or in any other format that is appropriate to the communication needs of the service user.
1985 c. 29 (“the 1985 Act”). The Mental Capacity Act 2005 (“the 2005 Act”) has replaced the 1985 Act, replacing enduring powers of attorney (although enduring powers of attorney made before 1st October 2007 will continue to be valid) with lasting powers of attorney. The 2005 Act permits the Court of Protection to appoint deputies to make decisions for persons who lack capacity under the 2005 Act. Deputies replace “receivers” (although any receiver appointed before 1st October 2007 will continue to retain their powers but will be treated as a deputy by the Office of the Public Guardian (which has replaced the Public Guardianship Office).