§ 4 — Meaning of “authorised applicant”

4. In this Act, unless the context otherwise requires, “authorised applicant”, in relation to —(a)

an individual making a health declaration for the purposes of the CSHL Scheme or ESH Scheme;

(b)

an individual making an application for insurance cover under the CSHL Scheme;

(c)

an insured person withdrawing from insurance cover under the CSHL Scheme or ESH Scheme;

(d)

an insured person making a claim under the CSHL Scheme or ESH Scheme; or

(e)

an individual’s reinstatement as an insured person under the CSHL Scheme or ESH Scheme,

who lacks mental capacity, means —

(f)

a person who is —(i)

a deputy appointed or deemed to be appointed for the individual or insured person (as the case may be) by the court under the Mental Capacity Act 2008 with power in relation to the individual or insured person (as the case may be) for the purposes of this Act; or

(ii)

a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the individual or insured person (as the case may be) for the purposes of this Act; or

(g)

despite any provision in the Mental Capacity Act 2008, where to the best of the Administrator’s or Board’s knowledge (as the case may be), there is no deputy appointed or deemed to be appointed, or no donee appointed under a lasting power of attorney, for the purposes of this Act for the individual or insured person (as the case may be), a person who is within the class or classes of persons approved by the Minister —(i)

to make a health declaration on behalf of the individual for the purposes of the CSHL Scheme or ESH Scheme;

(ii)

to make an application for insurance cover under the CSHL Scheme on behalf of the individual;

(iii)

to withdraw from insurance cover under the CSHL Scheme or ESH Scheme (as the case may be) on behalf of the insured person;

(iv)

to make a claim under the CSHL Scheme or ESH Scheme (as the case may be) on behalf of the insured person including the nomination of an approved payee (who may be the authorised applicant); or

(v)

to act on behalf of the individual in relation to the individual’s reinstatement as an insured person under the CSHL Scheme or ESH Scheme, as the case may be.