# The Additional Statutory Paternity Pay (General) Regulations 2010, Regulation 38: Persons unable to act


(1) Where to any person—
(a) additional statutory paternity pay is payable or it is alleged that additional statutory paternity pay is payable;
(b) that person is unable for the time being to act; and
(c) either—
(i) no deputy has been appointed by the Court of Protection with power to receive additional statutory paternity pay on their behalf, or
(ii) in Scotland, their estate is not being administered by a guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000,
the Commissioners may, upon written application to the Commissioners by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person unable to act, any right to which the person unable to act may be entitled under Part 12ZA of the Act and to deal on behalf of the person unable to act with any sums payable to the person unable to act.
(2) Where the Commissioners have made an appointment under paragraph (1)—
(a) they may at any time in their absolute discretion revoke it;
(b) the person appointed may resign their office after having given one month’s notice in writing to the Commissioners of their intention to do so; and
(c) the appointment shall terminate when the Commissioners are notified that a deputy or other person to whom paragraph (1)(c) applies has been appointed.
(3) Anything required by Part 12ZA of the Act to be done by or to any 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 shall be a good discharge to the employer or former employer of the person unable to act for any sum paid.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111493663/regulation/38 (the official version)
Page: https://openlegislation.uk/draft-additional-statutory-paternity-pay-general-regulations-2010/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.