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

Persons who are mentally infirmU.K.

This section has no associated Explanatory Memorandum

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.