The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

PART IX THIRD PARTIES

Persons under 18

61.—(1) Where a child is less than the age of 18, a claim for child’s payment shall 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 42, 45 and 49 and has the duty imposed by article 53(1)(a).

(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 53(1)(a), the Secretary of State shall 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) he may at any time revoke it and make another appointment under paragraph (2); and

(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.

(4) Child’s payment awarded in respect of an eligible child aged less than 18 shall be paid to the child’s parent or the person having legal responsibility for the child or, 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, to a person (who, if a natural person, is over the age of 18) appointed by the Secretary of State in writing and the person receiving the child’s payment shall apply the payment for the benefit of the child.

(5) Where the Secretary of State has made an appointment under paragraph (4)

(a) he may at any time revoke it and either—

(i) make another appointment under paragraph (4); 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 his office after having given one month’s notice in writing to the Secretary of State of his intention to do so.

(6) The Secretary of State may, before appointing a person under paragraph (4), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the child’s payment.

Persons who are mentally infirm

62.—(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, in the opinion of the Secretary of State incapable of managing his own affairs by reason of mental infirmity; and

(c) no person has legal authority to act on his 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 that person in respect of this Order.

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

(a) exercise, on behalf of the mentally infirm person, any right to which that person may be entitled under this Order and fulfill on his behalf any duty imposed on that person by this Order;

(b) receive and deal with any sums payable to him; and

(c) apply those sums for the benefit of the mentally infirm person.

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

(a) he may at any time revoke it and make another appointment under paragraph (1); and

(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.

(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 to him.