Under a new Government scheme, those who paid a registration fee for a Lasting Power of Attorney in England or Wales, between 1 April 2013 and 31 March 2017, can apply for a partial refund as they were charged more than was necessary.
Why is the money being refunded?
When you register a Power of Attorney, you're charged an application fee, set by the Ministry of Justice and paid to the Office of the Public Guardian.
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 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. 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 you paid the fee |
Refund if you paid the FULL fee |
Refund if you paid the half-price fee |
April to September 2013 |
£54 |
£27 |
October 2013 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 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 claim a refund online or phone the Office of the Public Guardian's helpline on 0300 456 0300 and select option six. You don't need the Power of Attorney document itself, but you will need:
Here are the other need-to-knows: