s 70 Application made, or information furnished, to Board by approved caregiver, etc.
70.—(1) Despite anything in the Mental Capacity Act 2008, a relevant person’s approved caregiver may —(a) make any application mentioned in paragraph (a)(i) of the definition of “relevant person” in subsection (10) on behalf of the relevant person; and (b) furnish any information mentioned in paragraph (a)(ii) of the definition of “relevant person” in subsection (10) on behalf of the relevant person.[37/2019] (2) Subject to subsection (3), the Board may approve an application, or permit the furnishing of information, mentioned in subsection (1) on any terms and conditions that the Board may, with the Minister’s approval, impose.[37/2019] (3) Where any application under this Act for, or which will result in, any transfer, withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person or the relevant person’s account in the Fund, is made to the Board by the relevant person’s approved caregiver under subsection (1), and that application is an application to which this subsection applies, the Board must not approve that application if the amount of the money, or the aggregate of that amount and of such other amounts as the Board may determine, exceeds such sum as the Minister may specify.[23/2012; 37/2019] [Act 39 of 2021 wef 01/04/2022] (4) Where any application under this Act for, or which will result in, any withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person, is made to the Board by the relevant person’s approved caregiver under subsection (1), that application is an application to which this subsection applies, and the Board has approved that application in accordance with subsections (2) and (3), the Board may pay the amount of the money to the approved caregiver.[23/2012; 37/2019] (5) The receipt of the approved caregiver is a discharge to the Board for the amount paid to the approved caregiver under subsection (4).[23/2012] (6) Subsection (4) does not affect any recourse which any person may have against the approved caregiver for the amount paid to the approved caregiver under that subsection.[23/2012] (7) The approved caregiver must apply the amount paid to him or her under subsection (4) towards the costs of the relevant person’s maintenance.[23/2012] (8) Any approved caregiver who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[23/2012] (9) The Board may —(a) determine the applications to which subsection (3) applies; (b) determine different amounts under subsection (3) for different applications to which that subsection applies; and (c) determine the applications to which subsection (4) applies.[23/2012] (10) In this section —“approved caregiver”, in relation to a relevant person, means any person who —(a) satisfies the Board that he or she is a caregiver of the relevant person; and (b) is approved by the Board for the purposes of this section; “relevant person” means a person —(a) whom the Board is satisfied —(i) is entitled, but is unable, to make any application to the Board under this Act; or (ii) is unable to furnish any information to the Board for the purposes of this Act; (b) whose inability under paragraph (a)(i) or (ii) (as the case may be) the Board is satisfied, is likely to be permanent; and (c) who, to the best of the Board’s knowledge, has neither of the following:(i) a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act; (ii) a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act.[23/2012; 27/2014]