agents and advocates
an agent is a person or organisation who acts in the interests of the young person.
Young people must decide exactly what rights and responsibilities they want to grant their agent, they also decide what they want to specifically exclude their agent from doing.
appointment of an agent
Young people can also have several different agents, each with unique responsibilities at any time. For example, a young person can appoint one agent to act for them for housing-related matters, while appointing another who can only act on their behalf regarding financial matters. The young person simply needs to provide a form for each agent.
What an agent can’t do
While an agent can act for the young person in some circumstances, they cannot undertake any education requirements a young person may have or attend a public housing assessment appointment for them when their housing need is being assessed for the first time (unless there is a very good reason, such as the young person being temporarily in hospital). Young people must meet these obligations themselves.
rights and responsibilities
The young person can assign the following rights and responsibilities to an agent (note: social housing refers to public housing, and POA/EPOA refer to Power of Attorney and Enduring Power of Attorney respectively):
- Access to their files to obtain personal information about the young person (under the Privacy Act 2018)
- Give information about them to MSD, such as income details, housing need, or changes in circumstances
- Change details in their personal file with the Ministry of Social Development
- Receive all their mail from MSD (Selecting this option causes the mail to be forwarded to the agent’s address)
- Complete and sign forms on their behalf
- Agents with this permission can apply for assistance on behalf of the young person
- Agents applying for hardship assistance on behalf of a young person must have a separate payment card allocated to them. They can set their own PIN by calling 0800 559 009. For more information see - payment card pins.
- Be allowed to deal with money they owe MSD, which may include arranging repayments
- Have authority over their affairs with MSD, as granted by a current Power of Attorney
- This requires a valid POA or EPOA to be supplied, as well as a statement of mental incapacity to be supplied if the POA/EPOA dictates this is required
- Speak or make enquiries on their behalf, and
- Speak to social housing providers about a potential property match or offer.
amending an agent
Young people with existing agents can amend or end their agent's rights and responsibilities at any time.
Young people whose identity has been verified can amend their agents with you, or over the phone with MSD. Young people can also add or remove rights from an agent by returning a completed Personal Details form outlining the changes they would like to make to their agent—they do not need to complete a new form.
These are so long as the agent has not been appointed via way of Court Order, Power of Attorney, or without the young person's consent due to exceptional circumstances. In the instance of a Power of Attorney, a young person can cancel this though they may need a statement of mental capacity if a statement of mental incapacity was used to activate the Power of Attorney. If the agent was appointed via way of a Court Order then a similar document would need to be supplied by the court to show they are satisfied the agent can be removed.
advocates
Youth Service is committed to seeing that young people get all the assistance they are entitled to and will work with them and their representatives to see that this happens.
We know that some people have difficulty in explaining their needs and as a result, do not always get their full and correct entitlement. An advocate can provide a voice for these people.
What an advocate can do
When an advocate deals with Youth Service on someone's behalf, they can only do what the person they represent has said they can do. This consent must be in writing unless the person is present with the advocate. In that case, verbal consent is enough.
Written consent needs to say what an advocate can do. It can also say what an advocate can't do. It must be signed by the advocate and the person giving consent.