Part 4PAYMENT OF STATUTORY NEONATAL CARE PAY

Persons unable to act

32.—(1) This regulation applies where—

(a)statutory neonatal care pay is payable to a person or it is alleged that statutory neonatal care pay is payable to a person,

(b)that person is unable for the time being to act,

(c)no deputy has been appointed by the Court of Protection with power to receive statutory neonatal care pay on their behalf or, in Scotland, their estate is not being administered by a guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000(1), and

(d)a written application has been made to the Commissioners by a person, who, if a natural person, is over the age of 18, to exercise any right or deal with any sums payable under Part 12ZE of the 1992 Act, on behalf of the person unable to act.

(2) Where this regulation applies the Commissioners may appoint the person referred to in paragraph (1)(d)—

(a)to exercise, on behalf of the person unable to act, any right to which the person unable to act may be entitled under Part 12ZE of the 1992 Act, and

(b)to deal, on behalf of the person unable to act, with any sums payable to the person unable to act under Part 12ZE of the 1992 Act.

(3) Where the Commissioners have made an appointment under paragraph (2)—

(a)they may at any time revoke it,

(b)the person appointed may resign their office after having given one month’s notice in writing to the Commissioners of that person’s intention to do so, and

(c)the appointment ends when the Commissioners are notified that a deputy or other person to whom paragraph (1)(c) refers has been appointed.

(4) Anything required by Part 12ZE of the 1992 Act to be done by or to the person who is unable to act may be done by or to the person appointed under this regulation to act on behalf of the person unable to act and the receipt of the person so appointed of any sum paid under that Part is a good discharge to the employer of the person unable to act for any such sum paid.