The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

PART 9 U.K. THIRD PARTIES

Persons under 18 U.K.

70.—(1) Where a child is less than the age of 18, a claim for child's payment must be made by the child's parent or by a person having legal responsibility for the child and such a person may exercise on behalf of the child the powers specified in articles 50, 53, and 59, and has the duty imposed by article 63(2)(a) (provision of further information).

(2) Where the Secretary of State is satisfied that a claim for child's payment made by a person referred to in paragraph (1) cannot be determined because the person making the claim has not provided information requested under article 63(2)(a), the Secretary of State must appoint a person to pursue the claim on the child's behalf.

(3) Where the Secretary of State has made an appointment under paragraph (2)—

(a) the Secretary of State may at any time revoke it and make another appointment under paragraph (2); and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

(4) Subject to paragraph (5), child's payment awarded in respect of an eligible child aged less than 18 is to be paid to the child's parent or the person having legal responsibility for the child.

(5) Where paragraph (6) applies the Secretary of State may, in writing, appoint a person to—

(a) receive child's payment on behalf of the child; and

(b) apply child's payment for the benefit of the child.

(6) This paragraph applies if the Secretary of State considers that it is in the interests of the child that a person other than the parent or person having legal responsibility for the child should be paid the child's payment.

(7) Where a person appointed under paragraph (2) or (5) is a natural person, the person must be over the age of 18.

(8) The Secretary of State may, before appointing a person under paragraph (5), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the child's payment.

(9) Where the Secretary of State has made an appointment under paragraph (5)—

(a) the Secretary of State may at any time revoke it and either—

(i) make another appointment under paragraph (5); or

(ii) pay the child's payment to the parent or the person having legal responsibility for the child; and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

Persons who are mentally infirm U.K.

71.—(1) Where—

(a) a person (“M”) is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by M or on M's behalf,

(b) M is, in the opinion of the Secretary of State incapable of managing their own affairs by reason of mental infirmity, and

(c) no person has legal authority to act on M's behalf,

the Secretary of State may in writing appoint a person (who, if a natural person, is over the age of 18) to act for M in respect of this Order.

(2) A person appointed under paragraph (1) must—

(a) exercise, on behalf of M, any right to which M may be entitled under this Order and fulfil on M's behalf any duty imposed on M by this Order;

(b) receive and deal with any sums payable to M under this Order; and

(c) apply those sums for the benefit of M.

(3) Where the Secretary of State has made an appointment under paragraph (1)—

(a) the Secretary of State may at any time revoke it and make another appointment under paragraph (1); and

(b) the person appointed may resign after having given one month's notice in writing to the Secretary of State of the intention to do so.

(4) The Secretary of State may, before appointing a person under paragraph (1), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the sums paid in respect of M.