LPA Exemptions

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    There are some Exemptions available to the fees charged for Lasting Power of Attorneys by the Office of the Public Guardian, the details are below, if you need to have the paperwork drawn up on your behalf so that you can apply successfully for an LPA please call me on 01305 774786:

    Exemption

    If the donor receives any of the following means-tested benefits when an application to register is made, they can apply for an exemption:

    • 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

    Exception

    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 above benefits, they won’t qualify for exemption.

    Supporting evidence for exemption

    You need to send copies of letters from a benefit provider showing the donor received at least 1 of the 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).

    Remission based on income

    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. We can’t accept bank statements. Evidence can be:
    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 receives 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.

    Supporting evidence of Universal Credit

    You need to send copies of letters showing the donor received Universal Credit 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).

    Review

    If an application for exemption or remission is unsuccessful, you can appeal within 4 weeks of the decision by writing to the Head of Corporate Services. If the original decision is upheld, it will be referred to the Public Guardian for confirmation.

    Hardship

    If the donor doesn’t qualify for remission or exemption, but paying fees would cause hardship – for example, paying would mean they couldn’t meet normal living costs – you can apply to have fees waived. To claim write to OPG explaining why payment would cause hardship, enclosing bank statements and other documents showing all savings, income and outgoings.

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    Matt Walkden Will Writer

    About Matt Walkden

    I am a Professional Will Writer and I offer a small number of other products that complement my Will Writing such as Lasting Power of Attorneys (LPA’s), Fixed Price Estate Administration, often called Probate and some Property Products such as changing a family home from Joint owners to Tenants in Common.

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