Written by: Jason

Category: Lasting Power Of Attorney

Published: 15th August 2014

When a donor makes an application to register a Lasting Power of Attorney they may be entitled to an Exemption or Remission of the application fee based on their financial circumstances.

If eligible for Exemption the donor does not have to pay the OPG (Office of the Public Guardian) application fee.

If eligible for Remission the donor receives a 50% fee reduction of the OPG application fee.

Do You Qualify for Exemption or Remission of Lasting Power of Attorney Application Fees

A donor may be entitled to an exemption or remission of application fees based on their financial circumstances and whether they are in receipt of certain means-tested benefits.

To Apply For Exemption

A donor must be in receipt of one of the following benefits, however, If the donor has been awarded personal injury damages of more than £16,000 which were ignored when they were assessed for one of the benefits, they won’t qualify for an exemption.

Supporting evidence for exemption

You need to send copies of letters from a benefit provider showing the donor received at least one of the following listed benefits at the time you applied to register. Letters must confirm that the benefit was being paid to the donor and include their printed details (title, full name, address and postcode).

• • Income Support.
  • Income-based Employment and Support Allowance.
  • Income-based Jobseeker’s Allowance.
  • Guarantee Credit element of State Pension Credit.
  • Housing Benefit.
  • Council Tax Reduction/Support – also known by other names (not the 25% single person discount or the Class U exemption).
  • Local Housing Allowance.
  • A combination of Working Tax Credit and at least one of:

*Child Tax Credit
*Disability Element of Working Tax Credit
*Severe Disability Element of Working Tax Credit

Not included: Disability Living Allowance, Invalidity Benefit, Personal Independence Payment.

To Apply For Remission

Remission is based on the income of the donor, If the donor’s gross annual income is less than £12,000, they may be eligible for a 50% reduction of the fee.

Gross annual income is income before tax. It may come from employment, non-means-tested benefits (such as Attendance Allowance, Disability Living Allowance or Personal Independence Payment), pensions, Pensions Savings Credit, interest from savings and investments, or the rent of property.

Supporting evidence for remission

You need to send proof of the donor’s gross annual income. Evidence must relate to the time you sent the application to register. Bank statements are not acceptable evidence.

Evidence can be in the form of:

• Paid employment – A P60 or 3 months’ consecutive wage slips from current employment.
• Non-means-tested benefits and pensions – an official letter or notice from the payer.
• Interest from capital, stocks, shares or bonds – statements or vouchers showing gross income.
• Self-employment – most recent self-assessment tax return and HMRC tax calculation, or audited account certified by a qualified accountant.

If the donor has no income, they must send a signed statement explaining how they support themselves. If they don’t have mental capacity their attorney or solicitor can supply and sign this statement.

Remission based on Universal Credit

A donor may qualify for remission if they receive Universal Credit, by sending copies of letters showing the donor received Universal Credit at the time of application to register.

Letters must confirm that the benefit was being paid to the donor and include their printed details (title, full name, address and postcode).

How to apply for Exemption or Remission

Complete form LPA120A and send to the Office of the Public Guardian along with supporting evidence for your claim and your Lasting Power of Attorney forms when you apply to register. If you are registering both Property and Financial Affairs and Health & Welfare Power of attorney at the same time you only need to fill in one LPA120A form.

Send your completed forms to:

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Related Links

Lasting Power of Attorney
What is a Certificate Provider?
What is Power of Attorney?
Avoiding Invalid Powers of Attorney