If you paid to register a Power of Attorney in England or Wales between 1 April 2013 and 31 March 2017, you’re owed a refund of up to £54.
This is because if you paid the registration fee in that period you can apply for a partial refund as you were charged more than was necessary.
A Lasting Power of Attorney (LPA) is a legal document which allows you, while you still have the mental capacity to do so, to nominate a trusted friend or relative to look after your affairs if you lose capacity.
There are two types of LPA, one for property and finances and another for health and welfare. Some people will have registered both and so can claim a refund of up to £108.
For full information on how an LPA works and why you should get one, call us on 01299 251442 or visit: https://worcestershirewillsandprobate.co.uk/powers-of-attorney
Why is the money being refunded?
When you register a Power of Attorney, you’re charged an application fee by the Office of the Public Guardian (the Government).
Between 2013 and 2017, the operating costs of the Office of the Public Guardian decreased, but the application fee stayed the same, at £110. As the fee is simply supposed to cover operating costs, the Government’s now repaying the difference between what applicants paid and what they should have paid, plus interest.
On 1 April 2017, the application fee for registering a Power of Attorney was reduced from £110 to £82 (the correct cost). So, if you applied after that date, you can’t reclaim.
How much can I reclaim?
How much you can reclaim depends on when you paid for the Power of Attorney, and whether you paid the full registration fee or the half-price fee, which is offered to those with an income of less than £12,000 a year or who are on certain benefits:
REFUND FOR EACH POWER OF ATTORNEY
|WHEN FEE WAS PAID||REFUND DUE IF FULL FEE PAID||REFUND DUE IF HALF-PRICE FEE PAID|
|April to September 2013||£54||£27|
|October to March 2014||£34||£17|
|April 2014 to March 2015||£37||£18.50|
|April 2015 to March 2016||£38||£19|
|April 2016 to March 2017||£45||£22.50|
The Government says the refund figures above include 0.5% annual interest, which is HM Revenue & Customs’ standard rate when repaying overpaid tax.
Some people on certain means-tested benefits will not have paid to register a Power of Attorney and so will not be eligible for the refund.
How to claim a refund
You can make a claim if you were the donor (the person who made the Power of Attorney) or the attorney (the person appointed by the donor) – but the refund will be paid to the donor. You can also claim a refund even if the Power of Attorney has been used, and there’s currently no deadline by which you must apply.
To apply, you can visit: https://www.gov.uk/power-of-attorney-refund
or phone the Office of the Public Guardian’s helpline on 0300 456 0300 and select option six, or email them on email@example.com
You don’t need the Power of Attorney document itself, but you will need:
- The donor’s full name, address and date of birth
- The donor’s UK bank account number and sort code
- The name of one of the attorneys on the Power of Attorney
- You only need to make one claim per donor – even if you made more than one Power of Attorney.
- It takes up to 12 weeks for your claim to be processed.
- If the claim is approved, the refund will be paid to the donor’s bank account.
- If the donor doesn’t have a UK bank account or you’re a court-appointed deputy, you’ll have to apply by phone.
- You can also claim for the older Enduring Power of Attorney if you registered it in the relevant period.
- Even if the donor has died you can claim but you will need the donor’s death certificate and grant of probate. Further information on this process can be obtained by phoning the Office of the Public Guardian’s helpline on 0300 456 0300.