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Refund Opportunity: Lasting Power of Attorney

What is the refund for?

On 1st February 2018 the Government agreed to refund overpaid Lasting Power of Attorney registration fees. The fee is only supposed to cover operating costs, but while these have decreased in recent years, the fee remained the same at £110.

 

Who is eligible?

If you registered a Power of Attorney between 2013 and 2017 then you may be eligible for a refund of up to £54. You can make a claim if you are the donor (the person who made the LPA) or a named Attorney. It is also possible to claim if the donor has died (you will have to make the claim by phone and will need to provide additional documents). On 1 April 2017, the application fee for registering a Power of Attorney was reduced from £110 to £82. If you applied after that date, you can't reclaim.

 

How much is being refunded?

This depends on what you paid and when you paid it. In summary, if you registered between:

Apr to Sept 2013: up to £54 refund

Oct 2013 to Mar 2014: up to £34 refund

Apr 2014 to Mar 2015: up to £37 refund

Apr2015 to Mar 2016: up to £38 refund

Apr 2016 to Mar 2017: up to £45 refund

  You can claim 2 refunds if you registered LPAs for both Property & Financial Affairs and Health & Welfare, but only need to make one application.

  If you paid a reduced fee on registration, you will receive 50% of the refund

 

How can I make a claim?

Online: You will need the name, address, date of birth and bank account details of the donor and then use the following web address: https://claim-power-of-attorney-refund.service.gov.uk/start, or go to https://www.gov.uk/power-of-attorney-refund and follow the link.

  By phone: Contact the Gov claims team on 0300 456 0300 (option 6).

 

Other information

  • It can take up to 12 weeks for your claim to be processed and paid.
 
  • If your claim is refused and you want to appeal the decision you can call the refunds helpline.
 
  • 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 an Enduring Power of Attorney if you registered it in the relevant period. The Lasting Power of Attorney replaced the Enduring Power of Attorney on 1 October 2007, but they are still valid documents. If it was registered during the refund period, the donor will still be eligible for a refund.
 

If you need any advice or guidance then please contact either Kathryn Caple (01283 526230, Kathryn.caple@elselaw.co.uk) or Yolanda Ride (01283 526203, yolanda.ride@elselaw.co.uk) in our specialist Wills & Probate team here at Else Solicitors (www.elselaw.co.uk).