PART IXClaims

Who may claim61.

(1)

In the case of a couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the relevant authority shall determine.

(2)

Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and—

(a)

a controller has been appointed by the High Court with power to claim, or as the case may be, receive benefit on his behalf; or

(b)

an attorney with a general power or a power to claim or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act (Northern Ireland)1971129 or the Enduring Powers of Attorney (Northern Ireland) Order 1987130,

that controller or attorney, as the case may be, may make a claim on behalf of that person.

(3)

Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if an individual, 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 might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

(4)

Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

(a)

it may at any time revoke the appointment;

(b)

the person appointed may resign his office after having given 4 weeks notice in writing to the relevant authority of his intention to do so;

(c)

any such appointment shall terminate when the relevant authority is notified that a controller or an attorney has been appointed.

(5)

Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Department has appointed a person to act on his behalf for the purposes of the Act the relevant authority may if that person agrees treat him as if he had been appointed by them under paragraph (3).

(6)

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 controller or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.