Persons unable to act
33.—(1) Where–
(a)a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and
(b)that person is unable for the time being to act; and either
(c)no receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or
(d)in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,
the Secretary of State may, upon written application made to him by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him.
(2) Where the Secretary of State has made an appointment under paragraph (1)–
(a)he may at any time revoke it;
(b)the person appointed may resign his office after having given one month’s notice in writing to the Secretary of State of his intention to do so;
(c)any such appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) or (d) applies has been appointed.
(3) Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, tutor, curator or other guardian, if any, or by or to the person appointed under this regulation or regulation 43 (mobility allowance for children) and the receipt of any person so appointed shall be a good discharge to the Secretary of State for any sum paid.